OWallet | Terms Of Service
Last Updated: May 24, 2024
I) INTRODUCTION AND OVERVIEW
1.1 Terms and Conditions.
These Terms and Conditions are the entire agreement of Oraichain Labs US US Inc., a Delaware corporation with a principal address of 874 Walker Road, Dover, Delaware, 19904 (the “Company”) and you the end user (“You”, “Your”). These Terms and Conditions, subject to amendment from time to time, represent the entire understanding and agreement between You, the Company and www.orai.us (“We”, “Us”, “Our”) and the IOS Apple and Google Play Store site named OWallet (collectively, the “App”) with respect to the subject matter of the same, and supersedes all other negotiations, understandings and representations (if any) made by and between you and the App. These Terms and Conditions shall not be construed more strongly against the App despite its responsibility for its preparation. Any updates to these Terms and Conditions will be posted on the App. BY USING THE APP YOU AGREE /ACCEPT AND UNDERSTAND THE TERMS BELOW. WE HAVE THE RIGHT TO REFUSE SERVICE BASED ON LOCAL, STATE OR FEDERAL LAWS RELATING TO ANY JURISDICTION. YOU HAVE ANY QUESTIONS, CONTACT OUR CUSTOMER SERVICE TEAM AT [email protected]. The App Terms and Conditions describe when and the conditions under which you are allowed to access or use the App. Please read these carefully before visiting our App. If you do not agree to these Terms, you may not visit, use, or access the App and you may not click to accept the Terms and Conditions when prompted on the App.
1.2 Acceptance of the Terms.
By accessing or utilizing any or all of the Services, you explicitly acknowledge that you have reviewed and comprehended the Terms and the Privacy Policy, which collectively constitute the legal agreement between you and us (the "Agreement"), and have consented to be bound by the Agreement. For your own benefit and protection, OWallet strongly advises you to allocate sufficient time to review and understand the Terms, the Privacy Policy, and any other information disclosed on our official website https://docs.owallet.dev before accessing the Services.
1.3 Description of Services.
OWallet offers a comprehensive suite of software services, meticulously designed to facilitate the establishment and management of unhosted digital asset wallets. These wallets, referred to as "OWallet Wallets," are engineered to seamlessly integrate with both Cosmos-based and EVM-based networks, including distinguished platforms such as Cosmos Hub, Oraichain, Osmosis, Juno, Ethereum, BSC, among others. OWallet serves as a conduit for users to effortlessly connect and manage third-party digital asset wallets across these diverse networks, thereby enabling users to meticulously monitor and supervise their digital asset portfolios. Additionally, OWallet grants users access to specific decentralized protocols and applications ("Dapps") situated within these expansive ecosystems.
OWALLET, HOWEVER, ABSTAINS FROM PROVIDING INVESTMENT OR FINANCIAL COUNSEL, NOR DOES IT EXTEND CUSTODY SERVICES FOR DIGITAL ASSETS. OWALLET MAINTAINS A STRICT POLICY OF NON-INTERFERENCE IN USER TRANSACTIONS, AFFIRMING THAT WE NEITHER POSSESS ACCESS TO USERS' DIGITAL ASSETS NOR WIELD CONTROL OVER THEIR TRANSACTIONS. USERS ARE ADVISED TO INDEPENDENTLY EXERCISE DISCRETION AND PRUDENCE IN ALL MATTERS PERTAINING TO DIGITAL ASSET TRANSACTIONS OR OPERATIONS.
1.4 Contact and Assistance.
Should you have any inquiries or require clarification on the provisions of the Terms, the Policies, or any other documentation provided by us, please reach out to us at [email protected]
II) ELIGIBILITY OF OWALLET SERVICES
3.1. Eligibility for Individuals.
To access OWallet Services, you must:
(i) Be at least eighteen (17) years old and legally capable of agreeing to these Terms;
(ii) Not reside in sanctioned jurisdictions according to any trade embargoes, UN Security Council Resolutions (“UNSCR”), or HM Treasury's financial sanctions regime; and
(iii) Not be currently subject to economic sanctions, such as those listed on the United Nations Security Council Sanctions List, OFAC's list of specially designated nationals, the denied persons or entity list of the U.S. Department of Commerce, or any similar list maintained by relevant sanctions authorities.
3.2. Eligibility for Legal Entities.
If utilizing our Services on behalf of a legal entity, you further confirm that:
(i) The legal entity is lawfully organized and validly existing under the applicable laws of its jurisdiction;
(ii) The legal entity is not currently subject to economic sanctions listed on the United Nations Security Council Sanctions List, OFAC's list of specially designated nationals, the denied entity list of the U.S. Department of Commerce, or any similar list maintained by relevant sanctions authorities;
(iii) You are duly authorized by such a legal entity to act on its behalf.
3.3. Service Availability Depending on Jurisdiction.
You may only access OWallet Services if permitted under the laws of your jurisdiction. It is your responsibility to ensure that your use of our Services complies with all applicable laws, rules, and regulations.
3.4. Limiting Service Availability.
By utilizing OWallet, you confirm that you meet all eligibility requirements outlined in these Terms. We reserve the right to refuse access or usage to certain individuals, and we may modify our eligibility criteria at any time.
III) INTERPRETATION OF TERMS:
"Applicable Law": refers to any legislation, regulation, directive, or other legal instrument, whether judicial, administrative, or ministerial, including statutes, ordinances, protocols, guidelines, treaties, policies, notices, and judgments, issued or in effect at any given time. These laws govern or regulate individuals, entities, property, transactions, activities, events, or other matters, encompassing rules, orders, directives, or guidelines promulgated by governmental or regulatory authorities.
“Address book”: A feature allowing users to store and manage a list of addresses associated with their contacts or frequently interacted entities on a blockchain or cryptocurrency platform.
“Bridge”: The process of transferring digital assets from one blockchain network to another.
“DEX (Decentralized Exchange)”: Platforms or protocols enabling peer-to-peer trading of digital assets, like cryptocurrencies, without intermediaries or central authorities.
“Dapp (Decentralized Application)”: An application operating on a decentralized network, such as blockchain or peer-to-peer networks, encompassing decentralized finance (DeFi), gaming, identity verification, social networks, and similar platforms.
“Dapp Browser”: An integrated browser within the OWallet App facilitating user connection and interaction with decentralized applications developed on blockchain technology.
“Digital Asset”: Representation of resources issued and transferred using blockchain technology.
“Digital Asset Transaction”: Transaction in digital assets initiated by the user via OWallet Interface.
“Digital Asset Wallet”: Software application, hardware, or service storing a user’s public and private cryptographic keys, facilitating interaction with one or more blockchains, including sending and receiving digital assets.
“Fees”: All charges imposed by the Company for service use as outlined in Part 6.
“OWallet App”: Mobile application software developed, owned, and released by OWallet, including listed content and services, updates, upgrades, supplements, releases, and versions.
“OWallet Interface”: Services provided by OWallet as outlined in Part 5.
“OWallet Wallet”: Unhosted Digital Asset Wallet enabling users to transact directly on a blockchain using the private key controlling digital assets, as detailed in Part 4.
“Pending Staking Reward”: Accumulated rewards earned from participating in staking activities on a blockchain network, which have been generated but not yet received by the user.
“Personal Data”: Information concerning an identified or identifiable natural person.
“Recovery Phrase”: Randomly generated words acting as a cryptographic representation of wallet-associated private keys, serving as a backup to restore wallet access.
“Services”: All related features, content, and applications detailed in Parts 4 and 5 available to users.
“Sign Message”: Process of adding a digital signature to verify message authenticity, integrity, and origin using a private key.
“Sign Transaction”: Process of digitally signing a transaction with the user’s private key, providing cryptographic proof of asset ownership and transaction authorization.
“Supported Digital Assets”: Specific digital assets listed as available for storage in the Digital Asset Wallet.
“Swap”: Transaction exchanging one digital asset or token for another at an agreed-upon rate, usually facilitated through a decentralized exchange (DEX).
“Taxes”: All taxes, duties, or fees incurred in connection with service use under any Applicable Law.
“Third-Party Digital Asset Wallet”: Any Digital Asset Wallet connected to OWallet Interface.
“Token”: A digital representation of an asset or utility on a blockchain. It can represent currencies, assets, or access rights to services and is used for transactions and interactions within blockchain networks.
“Token List": A catalog or inventory displaying all the digital assets, currencies, or tokens supported or available within a specific platform, wallet, or ecosystem.
“Total balance”: The cumulative sum of all assets, currencies, or tokens held in an account or wallet, reflecting the overall financial position.
IV) OWALLET WALLET SERVICES
4.1. OWallet Wallet.
Users can access OWallet Wallet, an unhosted (non-custodial) digital wallet developed by Oraichain Labs US US ( for holding Supported Digital Assets. You maintain control of the Digital Assets in your OWallet Wallet as the private keys (representing ownership of the digital asset) are stored directly on your device. At any time, subject to having internet access and the congestion on the blockchain, you may withdraw your Digital Assets by sending them to a different blockchain address.
4.2. Ownership and Control.
When holding your digital assets in OWallet Wallet, Oraichain Labs US does not maintain control over your OWallet Wallet or private keys. You own and control Digital Assets held in your OWallet Wallet. As the owner of Digital Assets in your OWallet Wallet, you bear all risk of losing such Digital Assets. Users are responsible for the risk of loss of their private keys, and Oraichain Labs US may not recover such keys.
4.3. Recovery Phrase.
OWallet Wallet generates a 12-word or 24-word recovery phrase, known as a ‘seed' phrase, that you and only you have access to. This means that if you lose your recovery phrase, you will lose access to your OWallet Wallet. Please remember that Oraichain Labs US will never have access to this recovery phrase, so we cannot move funds on your behalf, nor can we help you access digital assets in your OWallet Wallet should you lose your recovery phrase. OWallet also allows you to import private keys without a Recovery Phrase, which means that you are responsible for keeping your private key safe, as in case of its loss or leak, you won’t be able to access your assets, or they can be stolen.
4.4. Safety Measures for Recovery Phrase.
Please take all necessary measures to keep your recovery phrase safe, as in case of the leak of your recovery phrase it will lead to the loss of the funds. As an added safeguard, we built a backup feature so you can back up your encrypted recovery phrase. We strongly encourage you to back up your recovery phrase using this feature, as well as writing it down and storing it in a secure location. To access the backup feature in your OWallet App, you need to tap “Settings'', then “Manage Wallets”, and select a wallet, and then "Recovery Phrase" from your OWallet Wallet mobile or desktop application. You can copy and backup the Recovery Phrase by any means you consider appropriate and safe for your Recovery Phrase.
4.5. Supported Digital Assets.
OWallet Wallet supports a wide range of digital assets including tokens from both Cosmos-based, EVM-based networks, Bitcoin network and more. This includes tokens from networks such as Cosmos Hub, Oraichain, Osmosis, Ethereum, BSC, and more. Additionally, OWallet Wallet supports CW20 tokens based on Cosmwasm and is compatible with Cosmwasm v1-beta1 & v1. To see all the supported digital assets, you can store and transfer them on OWallet Wallet, open the mobile app, choose a wallet and view the stored assets. When you connect your OWallet Wallet to our web application or decentralized exchange, you can buy or transfer supported digital assets directly from your OWallet Wallet. Please note that if you connect a Third-Party Digital Asset Wallet with unsupported Digital Assets, these Digital Assets will not be shown in User Interface. However, it doesn’t impact your ownership of Digital Assets, and they belong to your private key.
V) FEES AND TAXES
5.1. Fees.
By using OWallet's Services, you agree to comply with any applicable fees. These fees, including Swap Fees, Bridge Fees, and others set by Oraichain Labs US, will be clearly detailed on the OWallet website and/or interface.
5.2. Fee Adjustments.
Oraichain Labs US reserves the right to periodically adjust the size, amounts, and percentage rates of its fees, with users being duly notified in advance through our website or mobile app. Users are responsible for regularly reviewing fee updates, as the Company may not individually notify each user of changes. Continued use of our platform implies acceptance of these modifications. Users who disagree with the changes should discontinue platform usage and promptly notify us.
5.3. Digital Asset Transfer Fees.
OWallet does not impose fees for receiving or sending Digital Assets to/from another wallet address.
5.4. Fee Waivers.
Oraichain Labs US may offer fee waivers or discounts to specific users as part of loyalty or promotional programs, including OWallet Premium subscribers.
5.5. Third-Party and Network Fees.
Please note that Transactions and Digital Asset Transfers may incur network and third-party fees unrelated to OWallet's fees. Additional fees charged by financial service providers, such as bank, credit card, or debit card fees for Digital Asset purchases, are the user's responsibility.
5.6. Taxes.
Users are solely responsible for determining the applicability of taxes to any transaction conducted via OWallet and for withholding, collecting, reporting, and remitting the correct amount of tax to the relevant tax authorities.
VI) AVAILABILITY AND ACCURACY
6.1. Access and Availability
Access to OWallet services may become slow or unavailable during times of significant volatility or high volume. This could result in the inability to interact with third-party services for certain periods and may also lead to delays in our support response times. Users will still have the option to access these third-party services through alternative means. While we strive to provide excellent service, we do not guarantee that the app, website, or services will be available without interruption, nor do we guarantee the success of requests to interact with third-party services.
6.2 Website Accuracy
We aim to provide accurate and timely information on the website, but the content may not always be entirely accurate, complete, or current and might include technical inaccuracies or typographical errors. To provide you with the most accurate information possible, updates and changes may occur without notice, including updates to our policies, products, and services. Therefore, you should verify all information before relying on it. All decisions based on information contained on the website are your sole responsibility, and we shall not be liable for such decisions. Links to third-party materials (including websites) are provided for convenience and are not controlled by us. You acknowledge and agree that we are not responsible for any information, content, or services contained in any third-party materials accessible or linked to from our website.
VII) CONDITIONS OF USE
By using OWallet and its associated services, including all features and functionalities, you agree to abide by all applicable laws, regulations, and restrictions, and further adhere to the following conditions:
7.1. Unlawful Activity.
You agree not to engage in any activity that violates any laws, statutes, ordinances, regulations, or sanctions, or involves proceeds of unlawful activity.
7.2. Abusive Activity.
You agree not to engage in any activity that poses a threat to OWallet or its users, such as distributing viruses or unauthorized access to the platform. You shall not use OWallet in any way that could impair its functionality or interfere with other users' access.
7.3. Inappropriate Behavior.
You agree not to interfere with other users' access or use of OWallet's services.
7.4. Communication.
You agree not to use OWallet's communication features for unsolicited advertising, spamming, harassing other users, or interfering with their transactions. Data collected from OWallet shall not be used to contact individuals, companies, or entities outside the platform for marketing purposes.
7.5. Fraud.
You agree not to engage in fraudulent activities that defraud OWallet, other users, or any other individuals. Providing false, inaccurate, or misleading information is prohibited.
7.6. Gambling.
You agree not to use OWallet for engaging in lotteries, bidding fee auctions, contests, sweepstakes, or other games of chance.
7.7. Unfair Competition.
You agree not to access OWallet or its services to develop similar or competitive platforms, services, or software.
VIII) DESCRIPTION AND ACKNOWLEDGMENT OF RISKS
8.1. No Insurance or Regulatory Protection.
Digital assets held in OWallet are not legal tender and are not backed by any government entity. They are not covered by the Federal Deposit Insurance Corporation or Securities Investor Protection Corporation protections. OWallet is not a bank and does not offer fiduciary services. As a software provider, OWallet is not regulated by any federal or state regulatory agency and is not subject to their examination or reporting requirements.
8.2. Technical Risks.
The OWallet Interface may experience temporary unavailability for maintenance or other reasons. OWallet assumes no responsibility for any errors, interruptions, deletions, defects, delays, theft, or unauthorized access related to user communications. OWallet is not liable for any problems or technical malfunctions of networks, computer systems, servers, or providers, including injury or damage to users' computers.
8.3. Network Risks.
OWallet makes no guarantee regarding the functionality of any blockchain network or decentralized application (Dapp). Delays or conflicts of interest may occur, leading to unfavorable outcomes for certain owners of digital assets. Transactions submitted via OWallet may be delayed or not completed as expected on the Ethereum network, and OWallet takes no responsibility for such failures.
8.4. Security Risk.
Digital assets held in OWallet may be subject to theft or expropriation. Malicious groups may attempt to interfere with OWallet through various means, including malware attacks and denial of service attacks. Additionally, vulnerabilities in the underlying software may negatively affect OWallet, resulting in the loss of digital assets or access to the wallet.
8.5. Third-Party Resources and Promotions.
OWallet may contain references or links to third-party resources, including information, materials, products, or services. OWallet does not endorse or assume responsibility for any such resources or promotions. Users access third-party resources at their own risk, and this Agreement does not apply to dealings with third parties.
8.6. Operation of Digital Asset Protocols.
OWallet does not control the underlying software protocols governing supported digital assets. Changes in operating rules may affect the availability, value, and functionality of digital assets stored in OWallet. Users are responsible for staying informed about upcoming changes and assessing the associated risks.
8.7. Volatility Risks.
OWallet is not liable for fluctuations or losses associated with digital assets. Users may withdraw their digital assets at any time, subject to applicable policies and conditions.
IX) CONSENT TO ELECTRONIC DISCLOSURES AND SIGNATURES
9.1. General
Since OWallet operates solely online, you need to consent to conduct business with us electronically. By agreeing to these terms, you consent to receive all documents, communications, notices, contracts, and agreements related to your use of the OWallet app, website, and services electronically, either through our app/website or via the email address you provide.
9.2. Communications
By accepting these terms, you explicitly agree to be contacted by us, our agents, representatives, affiliates, or anyone acting on our behalf for any purpose we deem appropriate. Communications from OWallet will be provided electronically through the app/website or via email. If you need paper copies of any agreements or disclosures, you are free to print them.
9.3. Scope of Consent
Your consent to receive disclosures and conduct business electronically applies to all transactions related to such disclosures, whether between you and OWallet or between you and a third party through our services. This consent remains effective as long as you are a user and continues until all disclosures related to services you received through the app/website are fulfilled.
9.4. Withdrawing Consent
You may withdraw your consent to receive electronic agreements or disclosures by contacting us at https://orai.io/support. However, withdrawing your consent will result in your inability to access the services.
X) INTELLECTUAL PROPERTY, COPYRIGHTS, AND IDENTIFYING MARKS
10.1. OWallet Intellectual Property.
You recognize that all Intellectual Property Rights related to OWallet, the App/Website, or any service/product thereon (including, but not limited to, information, licenses, business plans, data, software, source code, and designs) solely belong to OWallet. You have no rights in or to such Intellectual Property Rights. To the extent any intellectual property rights are deemed to belong to you, you hereby assign and transfer them to OWallet and agree to execute all necessary documents for such transfer and registration.
10.2. Limited License.
All content on the App/Website, including designs, text, graphics, and other files (the “Content”), is the proprietary property of OWallet. No Content may be modified, copied, distributed, reproduced, or sold without OWallet’s prior written permission. You are granted a limited license to access and use the App/Website and OWallet for your personal use, provided you keep all copyright notices intact. Unauthorized use of the Content is strictly prohibited and may violate applicable laws.
10.3. Trademarks.
OWallet trademarks and trade dress may not be used without prior written permission. They may not be copied or imitated in connection with any product or service. OWallet may limit access to the App/Website by users who infringe its intellectual property rights.
10.4. Copyright Complaints.
If you believe any material on the App/Website infringes your copyright, you may send a written notification of such infringement to OWallet at [[email protected]].
10.5. Suggestions.
Any Suggestions provided by you to OWallet become its sole property, with exclusive rights for unrestricted use and dissemination, without acknowledgment or compensation to you.
XI) DATA PROTECTION AND SECURITY
11.1 Loss or Compromise
Any loss or compromise of your electronic device or security details may result in unauthorized access to your digital assets by third parties, potentially leading to their loss or theft. It is crucial not to store passwords, seed phrases, or other security details in non-secure systems, such as third-party email services, which can be vulnerable to security breaches.
11.2 Shared Access
You should never allow remote access or share your computer screen with anyone else when accessing the OWallet. OWallet will never ask for your private keys, passwords, or request screen sharing or access to your computer or digital assets. Avoid providing your details to any third party for the purpose of remotely accessing your computer, devices, or digital assets.
11.3 Personal Data
You acknowledge that we may process personal data relating to you (if you are an individual) and personal data that you have provided or will provide to us concerning your employees and other associated individuals, in connection with these Terms or the Services. Accordingly, you represent and warrant that: (i) your disclosure to us of any personal data relating to individuals other than yourself was or will be made in accordance with all applicable data protection and privacy laws, and such data are accurate, up to date, and relevant when disclosed; (ii) before providing any such personal data to us, you have read and understood our Privacy Policy, and, in the case of personal data relating to an individual other than yourself, you have provided (or will at the time of disclosure have provided) a copy of that Privacy Policy (as amended from time to time) to that individual; and (iii) if we provide you with a replacement version of the Privacy Policy from time to time, you will promptly read that notice and provide a copy to any individual whose personal data you have provided to us.
11.4 Safety and Security of Your Computer and Devices
OWallet is not liable for any damage or interruptions caused by computer viruses, malware, or other malicious code that may affect your computer or other equipment, or any phishing, spoofing, or other attacks. We advise using reputable virus screening and prevention software to protect your systems and devices.
XII) DISPUTES
12.1. Arbitration Agreement
If we cannot resolve a dispute through our Formal Complaint Process, you and OWallet agree that any dispute arising out of or relating to this Agreement or the Services, including, without limitation, federal and state statutory claims, common law claims, and those based on contract, tort, fraud, misrepresentation, or any other legal theory, shall be resolved through binding arbitration on an individual basis (the “Arbitration Agreement”). Subject to applicable jurisdictional requirements, you may elect to pursue your claim in your local small claims court rather than through arbitration, provided your matter remains in small claims court and proceeds only on an individual (non-class and non-representative) basis. Arbitration will be conducted according to the American Arbitration Association's rules for arbitration of consumer-related disputes. This Arbitration Agreement includes disputes about the interpretation or application of the Arbitration Agreement, including its enforceability, revocability, scope, or validity. All such matters shall be decided by an arbitrator, not by a court or judge.
12.2. Arbitration Procedures
Arbitration will be conducted by a single, neutral arbitrator and shall take place in the county or parish where you reside or another mutually agreeable location, in English. The arbitrator may award any relief that a court of competent jurisdiction could award, and the arbitral decision may be enforced in any court. An arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect. At your request, hearings may be conducted in person or by telephone, and the arbitrator may allow submitting and determining motions on briefs without oral hearings. To the extent permitted by law, the prevailing party in any action or proceeding to enforce this Agreement, any arbitration pursuant to this Agreement, or any small claims action shall be entitled to costs and attorneys’ fees.
12.3. Waiver of Class Action and Jury Trial
BY ENTERING INTO THIS AGREEMENT, YOU AND OWALLET ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND OWALLET ACKNOWLEDGE THAT ARBITRATION WILL LIMIT YOUR LEGAL RIGHTS, INCLUDING THE RIGHT TO PARTICIPATE IN A CLASS ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO CONDUCT FULL DISCOVERY, AND THE RIGHT TO APPEAL (EXCEPT AS PERMITTED IN SECTION 12.3 OR UNDER THE FEDERAL ARBITRATION ACT).
12.4. Disclaimers
OWallet and its affiliates, subsidiaries, providers, and their respective officers, directors, employees, agents, independent contractors, or licensors (collectively the “OWallet Parties”) do not guarantee the accuracy, adequacy, timeliness, reliability, completeness, or usefulness of any of the Content. The OWallet Interface and all of the Content are provided "as is" and "as available" without any warranty, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, or title. There are no warranties regarding the results of your use of the Content. The OWallet Parties do not warrant that the OWallet Interface is free of viruses or other harmful components. This does not affect warranties that are incapable of exclusion, restriction, or modification under applicable laws. OWallet cannot guarantee and does not promise any specific results from the use of the Services to exchange, borrow, loan, stake, or pool digital assets.
12.5. Release of Claims
You expressly agree to assume all risks associated with your access and use of the Services. You further expressly waive and release OWallet from any and all liability, claims, causes of action, or damages arising from or in any way related to your use of the Interface and your interaction with the Services. If you are a California resident, you waive the benefits and protections of California Civil Code § 1542, which states: "[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
12.6. Governing Law; Venue and Jurisdiction
By using the Services, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern this Agreement. The terms of the Services will be governed by federal laws and the laws of the state of California to the extent not preempted, without regard to principles of conflicts of laws.
12.7. Indemnity
You agree to indemnify and hold OWallet, its subsidiaries, affiliates, and service providers, and each of their respective officers, directors, agents, joint venturers, employees, and representatives harmless from any claim or demand (including attorneys' fees and any fines, fees, or penalties imposed by any regulatory authority) arising out of or related to your breach of this Agreement, your violation of any law, rule, or regulation, or the rights of any third party.
XIII) General Provisions
12.1. Amendments
We may amend or modify these Terms by posting the revised Terms on the OWallet app or website, which will become effective immediately. If you disagree with any changes, your sole remedy is to stop using the Services and app/website. We are not liable to you or any third party for any modifications or termination of the Services, or suspension or termination of your access to the Services. If there is a material change, we will try to provide you with advanced notice via the app or website. Your continued use of the Service or the app/website after any changes indicates your acceptance of the new Terms.
13.2. Force Majeure
OWallet is not liable for delays, performance failures, or service interruptions caused by events beyond our control, including significant market volatility, natural disasters, acts of civil or military authorities, terrorism, civil disturbances, wars, labor disputes, fires, telecommunications or internet service interruptions, equipment or software failures, or any other occurrence beyond our reasonable control. Such events do not affect the validity or enforceability of any remaining provisions.
13.3. Links to Other Websites and Content
The app/website may contain links to third-party websites and content, such as articles, photographs, text, graphics, designs, music, videos, information, software, and other materials ("Third Party Content"). We do not monitor or check these third-party websites or content for accuracy, appropriateness, or completeness, and are not responsible for them. Links to third-party websites or content do not imply our approval or endorsement. You access third-party websites at your own risk, and our terms and policies no longer govern once you leave our app/website. Review the terms and policies of any third-party site you visit.
13.4 Assignment
You may not transfer your rights and obligations under these Terms, but we may assign ours without restriction. Any attempted transfer or assignment by you in violation of these Terms is null and void. These Terms bind and benefit the parties, our successors, and permitted assigns.
13.5. No-Waiver
OWallet's failure to exercise or enforce any right or provision of these Terms does not waive that right or provision. If any part of these Terms is held invalid, the rest will continue in full force and effect. Any invalid or unenforceable provision will be severed from these Terms without affecting the validity of the remaining provisions.
13.6. Relationship of the Parties
Nothing in these Terms creates or implies a partnership, employment, joint venture, or formal business entity of any kind between you and OWallet. The rights and obligations of the parties are limited to those expressly stated. Except for indemnity and exculpation provisions, these Terms do not confer any rights or remedies on any third party, and all terms benefit only you and us.
13.7. Notices
To give us notice under these Terms, contact OWallet via https://orai.io/support.
13.8. Entire Agreement
These Terms and our Privacy Policy, incorporated by reference, constitute the entire agreement between you and us, superseding any prior agreements or understandings.
13.9. Severability
If any provision of this Agreement is found to be invalid or unenforceable under any rule, law, or regulation of any local, state, or federal government agency, that provision will be modified and interpreted to fulfill the objectives of the original provision to the fullest extent allowed by applicable law. The validity or enforceability of the remaining provisions of this Agreement will not be affected. If modification is not possible, the invalid or unenforceable portion will be severed from this Agreement, and the rest of the Agreement will remain in full force and effect.
13.10. Access to Digital Assets
Your access to the Digital Assets in your OWallet after termination will depend on your ability to access the backup of your Wallet address and private key.
13.11. Survival
The following provisions of this Agreement will survive the termination of your use or access to the OWallet app and services: the sections concerning Indemnification, Disclaimer of Warranties, Limitation of Liability, Waiver, Applicable Law and Dispute Resolution, and General Provisions, as well as any other provision that by its terms survives termination of your use or access to the OWallet app and services.