THG Identity Wallet - Terms of Use
The Hashgraph Group AG is a company domiciled at Zentrum Staldenbach 5 in 8808 Pfäffikon, Switzerland ("THG", "we", "us", "our").
THG makes available to users certain software services, including THG’s mobile application (the "Wallet" or "App"). The Wallet enables users to (i) manage their decentralized identity by creating a decentralized identifier (DID) through open standards and user-controlled credentials; (ii) link to existing identity ecosystems via OpenID Connect for Verifiable Credential Issuance (OIDC4VCI) and Verifiable Presentations (OIDC4VP); and (iii) additional functionality and features as may be added to the Wallet from time to time (collectively the "Services").
These Terms of Use ("Terms") (i) contain the terms and conditions that govern your access to and use of the Wallet and Services and (ii) constitute a legally binding agreement between THG and you and/or the entity you represent ("you", "your" or "user").
THE WALLET IS A DECENTRALIZED IDENTITY MANAGEMENT WALLET. THIS MEANS THAT ONLY YOU CONTROL AND HAVE ACCESS TO YOUR WALLET UNLESS YOU GRANT ACCESS TO ANYONE ELSE. THG DOES NOT HAVE CONTROL OF, OR ACCESS TO, YOUR WALLET. IF YOU CHOOSE TO USE THE WALLET, YOU ARE DOING SO PURSUANT TO THESE TERMS AND YOU ARE SOLELY RESPONSIBLE FOR THE CONFIDENTIALITY, SECURITY, STORAGE, MAINTENANCE, BACKUP, AND USE OF THE WALLET, INCLUDING ANY RECOVERY PHRASE AND PRIVATE KEYS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THG HAS NO RESPONSIBILITY OR LIABILITY FOR ANY ACTIVITIES, TRANSACTIONS, OR LOSSES RELATED TO YOUR USE OF THE WALLET OR THE SERVICES. WEB3 APPLICATIONS ARE ASSOCIATED WITH SPECIFIC RISKS. YOU SHOULD FAMILIARIZE YOURSELF CLOSELY WITH TECHNICAL AND REGULATORY DEVELOPMENTS IN THIS AREA.
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
Definitions
"12-word Recovery Phrase" means a confidential combination of human readable words, generated by the Wallet, from which users’ Private Keys are derived and which are used to back-up and restore access to your digital identity.
"Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Wallet or Services. Content includes without limitation User Content.
"Feedback" means feedback, comments, ideas, and suggestions for improvements to the Services.
"Our Marks" means any trademarks, service marks, service or trade names, logos, trade dress and other designations of source, origin, sponsorship, certification or endorsement of THG or its affiliates or their respective licensors.
"Private Information" means your Private Keys, 12-word Recovery Phrase, or passwords.
"Private Key" means a critical piece of encrypted data used to authorize outgoing transactions on distributed ledgers/blockchain networks.
"THG Entities" means THG and its directors, officers, employees, consultants, and other representatives.
"THG Fees" means the fees we charge for some or part of the Services we make available to you.
"Third Party Services" means any services, applications, software, dapps, or other content, documentation as well as source and object codes that are hosted, developed and/or operated by a third party.
"User Content" means any Content that users upload, submit, store, send, post or otherwise make available on the App or through our Wallet.
"Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Wallet or Services. Content includes without limitation User Content.
"Feedback" means feedback, comments, ideas, and suggestions for improvements to the Services.
"Our Marks" means any trademarks, service marks, service or trade names, logos, trade dress and other designations of source, origin, sponsorship, certification or endorsement of THG or its affiliates or their respective licensors.
"Private Information" means your Private Keys, 12-word Recovery Phrase, or passwords.
"Private Key" means a critical piece of encrypted data used to authorize outgoing transactions on distributed ledgers/blockchain networks.
"THG Entities" means THG and its directors, officers, employees, consultants, and other representatives.
"THG Fees" means the fees we charge for some or part of the Services we make available to you.
"Third Party Services" means any services, applications, software, dapps, or other content, documentation as well as source and object codes that are hosted, developed and/or operated by a third party.
"User Content" means any Content that users upload, submit, store, send, post or otherwise make available on the App or through our Wallet.
Agreement to the Terms
Please read these Terms carefully before using the Wallet or Services. By using or accessing the Wallet, Services and/or Content in any manner, or clicking a button or checkbox to accept or agree to these Terms where that option is made available you accept and agree to these Terms.
Eligibility
You may use the Services if you are 18 (eighteen) years old or have reached the age of majority in your country of residence and are not barred from using the Services under applicable law. By using the Wallet or Services and agreeing to these Terms, you represent and warrant that:
You have all requisite capacity to lawfully able to enter into legally binding agreements. If you are accepting these Terms on behalf a legal entity, such as the company you work for, you represent and warrant that you have legal authority to bind that entity to these Terms.
Neither you nor any person that owns or controls you is subject to sanctions or otherwise designated on any list of prohibited or restricted parties, including but not limited to the lists maintained by the United Nations Security Council, the U.S. Government (e.g., the Specially Designated Nationals List and Foreign Sanctions Evaders List of the U.S. Department of Treasury and the Entity List of the U.S. Department of Commerce), the European Union or its Member States, the Swiss State Secretariat for Economic Affairs, or other applicable government authority.
Our Services
Private Keys & Recovery Phrase. THG does not store your Private Information on its servers. It is very important that you back up and save your Private Information. We urge you to write down your backup phrase, store it offline in two different places, and never share it. If you lose your Private Information, it will not be possible for THG to recover it for you, and you may lose access to the Services. THG does not have access to your Wallet or any other information. If you do not understand the above paragraph, we recommend that you learn more about the Wallet before using the Services via the THG Help Center.
Availability. We may change, update or suspend the Services, temporarily or indefinitely, so as to carry out works including, but not limited to:
firmware and software updates,
maintenance operations,
amendments to the servers,
bug fixes, etc.
We will make reasonable efforts to give you prior notice of any planned suspension of the Services. THG does not guarantee the correct functioning of the Services in the event of the installation or use of programs or applications that do not conform to Service specifications and technical standards. Beyond that, there may also be other reasons, including reasons not under the control of THG, that may affect the availability and functionality of the Services, such as internet service providers and Third Party Services. Users should not expect a particular service level.
Necessary Equipment. You must provide all equipment and software necessary to connect to use the Services. You are solely responsible for any fees, including internet connection or mobile fees, that you incur when accessing or using the Services.
Changes. THG may at any point in time with or without notice change the Services and the App, including by adding or removing functionalities and other features.
THG Fees. We may charge THG Fees. We reserve the right to change those fees at any time, in our sole and absolute discretion. We will disclose the amount of THG Fees we will charge you for the applicable Service at the time that you access the Service.
Experimental Features. In order to accommodate advanced Users' requests and to build new features and functionalities, we may release a series of experimental features on the Services from time to time (e.g. beta features). These features may not be complete and may have not been fully tested, which may present heightened risks. They may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information. THG does not guarantee the stability, functionality, or long-term support of these features. We do not recommend using these features unless you are an advanced User with strong technical skills. You expressly acknowledge and agree that use of the experimental features is at your sole risk.
No Warranty. THG will use a reasonable level of skill and care to ensure that the Services can be accessed by you in accordance with the Terms, but there are no guarantees that access and features will not be interrupted or that there will be no delays, failures, errors, omissions, corruption or loss of transmitted information. The Services are provided "as is" without any warranty of any kind, either express or implied, and in particular without implied warranties of merchantability, reliability, non-infringement of third-party rights, and fitness for a particular purpose. The Wallet provided hereunder may be designated as alpha, beta, development, pre-release, untested, or not fully tested versions. The Wallet may therefore be incomplete and contain errors or inaccuracies that could cause failures, corruption and/or loss of data or information. You expressly acknowledge and agree that, to the extent permitted by applicable law, all use of the Wallet is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.
Disclaimer. OUR SERVICES RELY ON EMERGING DISTRIBUTED LEDGER TECHNOLOGIES, SUCH AS HEDERA HASHGRAPH. SOME SERVICES ARE SUBJECT TO INCREASED RISK THROUGH YOUR POTENTIAL MISUSE OF THINGS SUCH AS PUBLIC/PRIVATE KEY CRYPTOGRAPHY. BY USING THE SERVICES YOU EXPLICITLY ACKNOWLEDGE AND ACCEPT THESE HEIGHTENED RISKS. THG SHALL NOT BE LIABLE FOR THE FAILURE OF ANY MESSAGE TO SEND TO OR BE RECEIVED BY THE INTENDED RECIPIENT IN THE INTENDED FORM, AND THG MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SAME.
Content Ownership
We do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content.
Subject to the foregoing, THG and its licensors exclusively own all right, title and interest in and to the Wallet, the Services and Content, including all associated intellectual property rights. You acknowledge that the Wallet, Services and Content are protected by copyright, trademark, and other laws of Switzerland, Singapore and other jurisdictions. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content. Nothing herein shall be considered as assigning to you or transferring to you any rights, title or interest in the foregoing.
User Content. You grant us a worldwide, non-exclusive, royalty-free, fully paid-up, perpetual, irrevocable, sublicensable, and transferable license to use, copy, distribute, create derivative works of, publicly display, and publicly perform your User Content, subject to applicable data protection law.
You warrant and represent that you have the right and authority to submit your User Content and that neither your User Content nor any part thereof infringes, misappropriates or otherwise violates the intellectual property rights or any other rights of any person.
Restrictions. Except as expressly authorized by THG or law, you will not, and will not attempt to (i) modify, distribute, alter, tamper with, repair, or otherwise create derivative works of any Content included in the Services (except to the extent Content included in the Services is provided to you under a separate license that expressly permits the creation of derivative works), (ii) reverse engineer, disassemble, or decompile the App or apply any other process or procedure to derive the source code of any software included in the App, (iii) access or use the Services in a way intended to avoid incurring fees or exceeding usage limits or quotas, (iv) use scraping techniques to mine or otherwise scrape data, or (v) resell or sublicense the Services, or use the Services to provide software as a service or any cloud-based, time sharing, service bureau or other services, (vi) use Our Marks unless you obtain our prior written consent, (vii) misrepresent or embellish the relationship between us and you (including by expressing or implying that we sponsor, endorse, or contribute to you or your business endeavors), (viii) share your Private Information with any third parties, and (ix) imply any relationship or affiliation between us and you.
Third Party Services
You may want use the App to access Third Party Services, such as a digital asset wallet. THG cannot warrant or guarantee in any way that Third Parties will accept the App and/or the Services to access such Third Party Services. In addition, THG is not in a position to confirm whether Third Party Services may require further means of verification or proof of identity.
It is your responsibility to ensure that the Wallet is not your sole means of access to any Third Party Services and that in the event your access to, or use of, the Wallet is terminated or restricted, you do not lose access to any Third Party Services.
Acceptable Use
User License. The App and Services are proprietary to THG and its licensors and must not be used other than strictly in accordance with these Terms. THG grants to you a limited, non-exclusive, non-transferable, non-sublicensable, fully revocable right to use the App for the purposes of accessing and using the Services strictly in accordance with these Terms. Any use of the Wallet or Services other than as specifically authorized in these Terms, without our prior written permission, is strictly prohibited and may result in immediate termination of your license to use the Services.
Do No Harm. You agree not to (i) distribute any virus or other harmful computer code through THG's systems, (ii) use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data, (iii) provide false, inaccurate, or misleading information (iv) take any action that may impose an unreasonable or disproportionately large load on our infrastructure, and (v) the Wallet or Services to violate the law.
Don’t Circumvent Our Security. You agree not to avoid, bypass, remove, deactivate, impair, descramble, bypass, or circumvent any measures implemented by us or any of our service providers or any other third party to protect the Wallet, Services, or Content. Furthermore, you agree to not disguise your location through IP proxying or other methods.
Don’t Break the Law. You agree that you will not violate any laws when using the Services, including tax obligations. This includes any local, cantonal, provincial, state, federal, national, or international laws that may apply to you. You agree that you will not use the Services to pay for, support, or otherwise engage in any illegal activities including, but not limited to, fraud, tax evasion, illegal gambling, money laundering, or terrorist activities. You further agree not to encourage or induce any third party to engage in any of the activities prohibited under this section. THG does not provide legal or tax advice. You should validate all transaction details before proceeding with any asset transfers. If THG becomes aware of any possible violations by you of the law or these Terms, THG reserves the right to investigate these. If, because of the investigation, THG believes that criminal activity may have occurred, THG reserves the right to refer the matter to, and to cooperate with all competent law enforcement agencies.
Do not Interfere. You agree that you will not use or attempt to use another user's Wallet without authorization or use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other Users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner. You also agree to not interfere with, or attempt to interfere with, the access to the Services of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services.
Additional Representations & Warranties. By using the Wallet or Services, you further represent, warrant and covenant that:
You will not provide any false, inaccurate or misleading information while using the Wallet or Services, or engage in any activity that operates to defraud THG, other users of the Services, or any other person or entity; and
You will pay all fees necessary for interacting with Hedera Hashgraph, or any other network with which the Services are compatible, as well as all fees charged by us for your use of the Services.
Acknowledgement of Risks; Recommendations
You acknowledge that you are fully aware of all applicable laws and technical constraints relating to the distributed ledger technology, and to the Services. You acknowledge that you have been warned of the following associated risks and advised of the following recommendations:
Regulatory. Distributed ledger technologies and related services are subject to continuous regulatory changes and scrutiny around the world, including but not limited to anti-money laundering and financial regulations. You acknowledge that certain Services, including their availability, could be impacted by one or more regulatory requirements.
Technology. Users understand that some of the technology supported or made available through the Services are new, untested, and not provided by THG and therefore outside of THG's control. Advances in cryptography, or other technical advances such as the development of quantum computers, could present risks to blockchain networks. Other adverse changes in market forces or in the technology, broadly construed, may prevent or compromise THG’s performance under these Terms.
Cybersecurity. Hackers or other groups or organizations may attempt to interfere with THG's Services and information systems in several ways, including without limitation denial of service attacks, side-channel attacks, spoofing, smurfing, malware attacks, or consensus-based attacks.
No Retrieval of Private Keys. The only existing backup is with you. THG operates non-custodial services, which means that we do not have access to your Private Keys. THG does not have access to or store passwords, 12-word Recovery Phrase, Private Keys, passphrases, or other credentials associated with your use of the Services. We are not in a position to help you retrieve your credentials. You are solely responsible for remembering, storing, and keeping your credentials in a secure location. Any third party with knowledge of your 12-word Recovery Phrase can gain control of the Private Keys associated with your Wallet.
Keep Your Credentials Safe. When you set up your Wallet account, you must: (i) protect and keep your 12-word Recovery Phrase secure and confidential and (ii) protect and keep your Private Keys secure and confidential.
Learn More. Before using the Wallet or any of the Services it is important to learn and understand the value as well as the risks involved with using distributed ledger technology.
No Liability. There may be additional risks that we have not foreseen or identified in these Terms. Before you use the Services, you are strongly encouraged to carefully assess whether your financial situation and risk tolerance is compatible with such use. For the avoidance of doubt, and notwithstanding the generality of the Limitation of Liability under these Terms, you hereby agree that THG shall have no liability for any loss that incurs as a consequence of the risks highlighted in this section and/or your failure to follow the recommendations herein.
No Professional Advice or Fiduciary Duties
All information provided in connection with your access and use of the Wallet and Services should not and may not be construed as professional advice. You should not take, and should refrain from taking, any action based on any information contained on the Wallet or in the Services, or any other information we make available at any time, including, without limitation, blog posts, articles, links to third-party content, discord or telegram content, news feeds, tutorials, tweets and videos. Before you make any financial, legal or other decisions involving the Services or use thereof, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate. The Terms are not intended to, and do not, create or impose any fiduciary duties on us. You further agree that the only duties and obligations that we have are expressly set out in these Terms.
Indemnification
You agree to fully indemnify, defend, and hold harmless the THG Entities from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of, relating to or in any way connected with (i) your access to or use of the Wallet, Services or Content, (ii) your User Content, or (iii) your violation of these Terms.
Limitation of Liability
THG DOES NOT MAKE ANY WARRANTY ABOUT THE RELIABILITY OF THE SERVICES OR THE SECURITY OF USER DATA. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE ", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE.
TO THE EXTENT NOT PROHIBITED BY LAW, YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL THE THG ENTITIES BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY, UNDER ANY THEORY OF RESPONSIBILITY OR LIABILITY, FOR ANY DIRECT OR INDIRECT LOSS OR ANY SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF DATA, USE, OR PROFITS; BUSINESS INTERRUPTIONS; OR ANY OTHER DAMAGES OR LOSSES), FOR ANY MULTIPLIER ON OR INCREASE TO DAMAGES, OR FOR ANY COSTS OR FEES (INCLUDING ATTORNEYS’ FEES), WHETHER UNDER THESE TERMS OR OTHERWISE, ARISING IN ANY WAY IN CONNECTION WITH YOUR WALLET, THE SERVICES, OR THESE TERMS, WHETHER ARISING AT LAW, IN EQUITY, OR OTHERWISE, AND WHETHER BASED IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE OR OTHERWISE), COMMON LAW, STATUTE, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR FOR ANY OTHER CLAIM, DEMAND, OR DAMAGES WHATSOEVER, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE YOUR ACCOUNT OR THE SERVICES.
WITHOUT LIMITATION OF THE FOREGOING, AND TO THE EXTENT NOT PROHIBITED BY LAW, THE TOTAL LIABILITY OF THE THG ENTITIES FOR ANY REASON WHATSOEVER ARISING OUT OF OR RELATED TO THE USE OF, OR INABILITY TO USE THE SERVICES, OR THESE TERMS, SHALL NOT EXCEED THE TOTAL AMOUNT OF THG FEES YOU HAVE PAID US. IF NO FEES ARE PAYABLE, OUR LIABILITY WILL BE LIMITED TO ONE HUNDRED (100) USD. THIS LIABILITY, IF ANY, SHALL BE COMPLETE AND EXCLUSIVE.
Compliance & Export Controls
Users shall comply, at their own expense, with all laws that apply to or result from their obligations under these Terms. By accessing and using the Services, you represent and warrant that you are not on any trade or economic sanctions lists, such as (but not limited to) the UN Security Council sanctions list, the Swiss State Secretariat for Economic Affairs sanctions list, designated as a "Specially Designated National" by OFAC (Office of Foreign Assets Control of the U.S. Treasury Department) or placed on the U.S. Commerce Department's "Denied Persons List". THG reserves the right to select the markets and jurisdictions where it operates and may restrict or deny access to Services in certain countries, states or territories.
Feedback
We welcome Feedback. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Governing Law; Dispute Resolution
Governing Law. These Terms will be governed and construed in accordance with the substantive laws of Switzerland, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Arbitration Clause
PLEASE READ THE FOLLOWING ARBITRATION CLAUSES IN THIS SECTION CAREFULLY AS IT REQUIRES YOU TO ARBITRATE DISPUTES WITH THG AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. THIS SECTION DOES NOT GOVERN DISPUTES BETWEEN USERS OR BETWEEN USERS AND THIRD PARTIES. THG DOES NOT PROVIDE DISPUTE RESOLUTION SERVICES FOR SUCH DISAGREEMENTS AND THE PARTIES MUST RESOLVE THOSE DISPUTES DIRECTLY.
Initial Action. Prior to the commencement of arbitration, the parties shall engage in good faith efforts to resolve any and all disputes by contacting the other party via email at (THG at policies@hashgraph-group.com). Such good faith efforts shall continue for twenty (20) days following the initial contact. If the dispute is not amicably resolved within this twenty (20) day period, either party may then commence arbitration.
Arbitration. Any dispute, controversy, or claim arising out of, or in relation to, this contract, including regarding the validity, invalidity, breach, or termination thereof, shall be resolved by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Arbitration Centre in force on the date on which the Notice of Arbitration is submitted in accordance with those Rules.
The number of arbitrators shall be one.
The seat of the arbitration shall be Zurich, Switzerland.
The arbitral proceedings shall be conducted in English.
Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending notice of your decision to opt-out to the following email address: policies@hashgraph-group.com. The notice must be sent within 30 (thirty) days of your first use of the Services, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, THG also will not be bound by them.
Class Action Waiver. You further agree that any arbitration shall be conducted in your individual capacity only and not as a class action or other representative action, and you expressly waive your right to file a class action or seek relief on a class basis. YOU AND AGREE THAT YOU MAY BRING CLAIMS AGAINST THG IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Jury Trial Waiver. YOU AND THG HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and THG are instead electing that all claims and disputes shall be resolved by arbitration as detailed in this section. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Final Provisions
Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between THG and you regarding the Wallet, Services, and Content, and supersede and replace any and all prior oral or written understandings or agreements between THG and you regarding the Wallet, Services, and Content.
Amendments. THG reserves the right to alter, amend or modify these Terms from time to time, in our sole discretion, due to legislative or regulatory measures, technical developments, any change or improvement of the Services including security reinforcement of the Services. If we do so, we will notify you through the App, or through other methods of communication which we deem reasonable. It is important that you review the Terms whenever we modify them. If you continue to use the Wallet or Services after we have modified the Terms, you are agreeing to be legally bound, and to abide by the modified Terms. If you do not agree to be bound by the modified Terms, then you may not use the Wallet or Services. Because our Services are evolving over time we may change or discontinue all or any part of the Wallet or Services at any time and without notice, in our sole and absolute discretion.
Term and Termination. These Terms commence on the date you first begin using the Services and will remain in effect until these Terms are terminated. You may stop using the Services at any time. We may suspend or terminate your access to the Services at any time and without notice. Following termination of the Services, you will no longer be able to use the Services.
Assignment. You may not assign your rights or obligations under these Terms in whole or in part to any third party. You acknowledge and agree that THG may assign its rights and obligations under these Terms and, in such context, share or transfer information provided by you while using the Services to a third party.
Severability. If any provision, or portion of provision, contained in these Terms is invalid or unenforceable, the remaining provisions, or the remaining portion of such provision, shall remain in full force and effect. Instead of the invalid provision, a rule shall apply that achieves as closely as possible the intention of the Parties in drafting the invalid provision.
Waiver. Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of THG. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Languages. The English version of these Terms will be the binding version and all communications, notices, and other actions and proceedings relating to these Terms will be made and conducted in English, even if we choose to provide translations of these Terms into the native languages in certain countries. To the extent allowed by law, any inconsistencies among the different translations will be resolved in favor of the English version.
Headings. Any heading, caption, or section title contained is inserted as a matter of convenience only and may not be used to interpret any section or provision hereof.
Force Majeure. You understand and acknowledge that the Services may be subject to limitations, delays and other problems inherent in the use of third-party communication networks and facilities that are outside of THG's control, and thus THG will not be responsible for any delays, failures, or damages associated with the Services which result from any system delays, downtimes, interruptions or other failures of or problems with the Services which are outside of THG's control. We will not be deemed to be in breach of or liable for any breach of these Terms or our Privacy Policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, epidemic, pandemic, acts of governmental authorities and changes in federal, state or local laws and regulations applicable to the provision of Services, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, or other disaster.