Terms and Conditions - Sezame Wallet

Terms and Conditions of Sezame Wallet

Effective Date: July 25, 2023

MAZE2 SA, a Swiss company seated Rue des Bains 35, 1205 Geneva, Switzerland (“we”, “our”, “us” or the “provider”) provides its solutions through its mobile application and/or products (collectively the “Solutions” or “Sezame Wallet”). Before using our Solutions and/or Sezame Wallet, please read our Terms and Conditions (the “Terms” or the “Agreement”) carefully. Together, these materials contain terms, rules, and guidelines related to your use of our Solutions and/or Sezame Wallet.

HOW YOU ACCEPT THESE TERMS AND CONDITIONS

By creating or importing a locally hosted wallet (a “Wallet”), you acknowledge that you have read, understood, and agreed to these Terms. We reserve the right to change these Terms at any time in the future. Any such changes with respect to your use of our Solutions and/or Sezame Wallet will take effect immediately when posted on our website or on our mobile application for all future usage of our products. Your continued use of our Solutions and/or Sezame Wallet following any such change will signify your acceptance to be bound by the then current Terms. Please check the effective date above to determine if there have been any changes since you have last reviewed these Terms. If you do not agree to this Agreement or any modifications to this Agreement, you should not use our Solutions and/or Sezame Wallet.

GENERAL

Entire Agreement; Severability; Waiver. These Terms set out the complete and final Agreement of the parties concerning the subject matter hereof, and supersedes, replaces all prior agreements, written and oral, between them concerning the subject matter hereof. If a term of these Terms were to be invalid or unenforceable, the remaining provisions will continue in full force and effect. A party’s consent to, or waiver of, enforcement of these Terms on one occasion will not be deemed a waiver of any other provision or such provision on any other occasion. In particular, failure or delay by us in enforcing or partially enforcing any provision of these Terms shall not be construed as a waiver of any rights.

Notices. Notices to the MAZE2 SA made under these Terms shall be made by email to support@sezame.app. By sending this email you agree to receive electronically all communications, agreements, terms, documents, notices, and disclosures that we provide in connection with your request.

ELIGIBILTY

To be eligible to use our Solutions and/or Sezame Wallet, you must be of the age of majority in your jurisdiction of residence, or older, and you must not be barred from using the Solutions and/or Sezame Wallet under applicable law, and you must be able to form legally binding contracts. If you are using our Solutions and/or Sezame Wallet on behalf of a legal entity, you further represent and warrant that: (a) the legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and (b) you are duly authorized by such legal entity to act on its behalf. You may only use our Solutions and/or Sezame Wallet if permitted under the laws of your jurisdiction. Please make sure that these Terms are in compliance with all laws, rules, and regulations that apply to you. By using our Solutions and/or Sezame Wallet, you represent and warrant that you meet all eligibility requirements that we outline in these Terms.

YOUR INFORMATION; RECOVERY PHRASE; SECURITY

You acknowledge and understand that, in certain circumstances, such as if you lose or forget your password for your Wallet, you will need to use a recovery phrase to access any cryptocurrency stored in your wallet (the "Recovery Phrase"). You are solely responsible for the retention and security of your Recovery Phrase. Your Recovery Phrase is the only way to restore access to the cryptocurrency stored in your Wallet if you lose access to your Wallet. Anyone who knows your Recovery Phrase can access, transfer or spend your cryptocurrency. If you lose your Recovery Phrase, you may not be able to access, transfer or spend your cryptocurrency. You acknowledge and agree that MAZE2 SA does not store and is not responsible in any way for the security of your Recovery Phrase and you agree to hold MAZE2 SA, its affiliates, representatives, agents and personnel harmless and that no such party shall be liable in any way in the event you lose your Recovery Phrase and cannot access, transfer or spend your cryptocurrency. You bear sole responsibility for any loss of your cryptocurrency due to failure to retain and/or secure your Recovery Phrase. No one, not even the MAZE2 SA and/or the wallet developers will be able to help you recover your funds in case you lose your Recovery Phrase.

THIRD PARTY INTEGRATIONS

The Sezame Wallet contains libraries developed by third parties. MAZE2 SA may provide third party libraries to you as part of the Sezame Wallet and/or the Solutions but shall not be considered to be the owner or licensor of the third party libraries. Third party services are used for in-wallet virtual currencies exchange operations and in-wallet buying virtual currencies operations. Sezame Wallet respectively MAZE2 SA retains the exclusive right to add to, modify, or cancel the availability of any third party service.

MAZE2 SA shall not be liable for any damages of any kind, including loss of income or data, suffered by you and resulting from the libraries and/or API developed by third parties even if used or proposed by MAZE2 SA. Further, MAZE2 SA rejects any liability of any kind for any damages of any kind suffered by you and resulting from open source codes even if used or proposed by MAZE2 SA. MAZE2 SA has no influence on the content of third party libraries and/or API and/or open source codes and therefore cannot assume any guarantee for the accuracy, completeness or safety of this third party content and/or open source codes.

NO INVESTMENT ADVICE

The information on the Solutions and/or Sezame Wallet does not constitute legal, financial or investment advice and is not intended as a recommendation for buying, selling or holding cryptocurrencies. MAZE2 SA recommends seeking advice of legal and financial experts before starting buying, selling or holding crypto assets. Crypto assets are volatile. Buying, selling and holding of crypto assets carries with it a high degree of risk. You should be fully aware of the level of risk involved before trading and holding crypto assets. Any loss of data, crypto assets or profit is on your sole responsibility. MAZE2 SA will not be responsible for the consequences of reliance upon any opinion or statement contained herein or for any omission.

There is always the possibility something unexpected happens with regard to crypto assets that causes you as holder of crypto assets to be lost. MAZE2 SA strongly recommends you not to invest or hold more than you are willing to lose. You are solely responsible for any investment decisions.

LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, in no event will we or any of our officers, directors, representatives, agents, servants, counsel, employees, consultants, lawyers, board member and other personnel authorized to act, acting, or purporting to act on our behalf be liable to you under contract, tort, strict liability, negligence, or any other legal or equitable theory, for :

any lost profits, data loss, cost of procurement of substitute goods or services, or direct, indirect, incidental, special, punitive, compensatory, or consequential damages of any kind whatsoever resulting from: (i) your use of, or conduct in connection with, our Solutions and/or Sezame Wallet; (ii) any unauthorized use of your wallet address and/or private key due to your failure to maintain the confidentiality of your wallet; (iii) any interruption or cessation of transmission to or from the Solutions and/or Sezame Wallet; or (iv) any bugs, viruses, trojan horses, or the like that are found in the Solutions and/or Sezame Wallet or that may be transmitted to or through our Solutions and/or Sezame Wallet by any third party (regardless of the source of origination), or
any damages whatsoever in excess of (in the aggregate) the fees paid to us for the Solutions and/or Sezame Wallet. We exclude all liability for damage of the free of charge service. These limitations apply regardless of legal theory, whether based on tort, strict liability, breach of contract, breach of warranty, or any other legal theory, and whether or not we were advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. Should it be the case of your jurisdiction, the above limitation may not apply to you.

WARRANTY DISCLAIMER

Sezame wallet is provided "as is" and without warranty of any kind. To the maximum extent permitted by law, we disclaim all representations and warranties, express or implied, relating to the Solutions and/or Sezame Wallet or any content on the Solutions and/or Sezame Wallet, whether provided or owned by us or by any third party, including without limitation, warranties of merchantability, fitness for a particular purpose, title, non-infringement, freedom from computer virus, and any implied warranties arising from course of dealing, course of performance, or usage in trade, all of which are expressly disclaimed. In particular, MAZE2 SA shall not be liable for any damages of any kind, including loss of income or data, suffered by you and resulting from the libraries and/or API and/or open source codes developed by third parties even if used or proposed by MAZE2 SA.

In addition, we do not represent or warrant that the content accessible via the Solutions and/or Sezame Wallet is accurate, complete, available, current, free of viruses or other harmful components, or that the results of using the Solutions and/or Sezame Wallet will meet your requirements. Some countries do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from country to country.

INTELLECTUAL PROPERTY RIGHTS

MAZE2 SA is the sole owner of all intellectual property rights related to the Solutions and/or the Wallet. Any content presently displayed or made available by MAZE2 SA in the future, such as text, logos, images, music, digital downloads, and data compilations, is the property of MAZE2 SA, its affiliates or its suppliers, and is protected by Swiss and international intellectual property law. MAZE2 SA’s names and logos are trademarks of MAZE2 SA. MAZE2 SA’s trademarks and logos may not be used for products or services that are not offered by MAZE2 SA, or in any way that could cause confusion in the public, or in any way that disparages or discredits MAZE2 SA.

FORCE MAJEURE

MAZE2 SA cannot accept responsibility for any damage, loss, delay, or inconvenience caused by circumstances beyond our reasonable control. Such circumstances include but are not limited to war, threat of war, riots, civil strife, or terrorist activity, industrial disputes, natural or nuclear disasters, fire, airport closures, bad weather conditions, interruption or failure of a utility service or the acts of any local or national government.

EXTERNAL API USED BY SEZAME WALLET

General features

Except as explicitly set forth herein, MAZE2 SA makes no representations any external API service is appropriate for use in any jurisdictions. Users engaging with any network from any jurisdictions do so at their own risk and are responsible for compliance with local laws.

Sezame Wallet uses open source code, forked from https://github.com/coingrig/core and available on https://github.com/maze2-org/sezame-sdk. The source code is licensed under MIT License and is provided with no warranty of any kind.

Aventus Network

Sezame Wallet uses proprietary code used for “Balance”, “Withdraw”, “Staking” and “Unstaking” features exclusively used on closed Aventus Layer-2 network. Sezame Wallet uses this code as is and comes with no warranties on the code and external API it may use.

The code Sezame Wallet uses is available on:

https://github.com/Aventus-Network-Services/avn-api.

The Terms and Conditions of Aventus Staker on which you will have to fully agree before using Staking capabilities on Aventus network is available on:

https://sezame.app/wp-content/uploads/2022/06/Aventus-Staker-T_Cs-Version-3.pdf

Ethereum and Bitcoin network

Sezame Wallet uses an external API owned by Trezor Company s.r.o. (https://trezor.io/) for “transaction execution” features. By using Ethereum and Bitcoin network, you will have to fully agree the Trezor Terms of use.

Sezame Wallet uses an external API owned by Etherscan.io (https://etherscan.io) for "balance” and “fees” features. By using Ethereum and Bitcoin network, you will have to fully agree the Etherscan Terms of Services.

Polygon network

Sezame Wallet uses an external API owned by Polygon (https://polygon.technology) for “balance”, “fees” and “transaction” feature. By using Polygon network, you will have to fully agree the Polygon Terms of Service.

BSC network

Sezame Wallet uses an external API owned by Coingrig (https://coingrig.com/) for “balance”, “fees” and “transaction” feature. By using BSC network, you will have to fully agree to the Coingrig Terms and Conditions.

Token to USD conversion

Sezame Wallet uses an external API owned by CoinGecko (https://www.coingecko.com/) to display token balance into USD value. By using Sezame Wallet, you will have to fully agree the CoinGecko API Terms of Services.

JURISDICTION AND APPLICABLE LAW

Any claim under these terms and conditions will exclusively be received by Geneva courts, Switzerland, applying Swiss law with the exclusion of international private law.

Version 02

July 25, 2023