Effective: April 30, 2024

Terms of Use

Thank you for using the UNHOSTED Wallet! Our Privacy Policy explains how we collect and use personal information. It is an important document that you should read along with these Terms of Use.

1. Agreement to terms

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you", "User") and Unhosted Ltd., doing business as UNHOSTED ("UNHOSTED, "we," "us," or "our"), concerning your access to and use of UNHOSTED Wallet and other services related to the DeFi Wallet for individuals, and affiliated with UNHOSTED Technology and any associated software applications and websites, including the Website https://www.unhosted.com, the Applications on Apple App Store, Google Play Store and Chrome Web Store, Twitter @unhosted, as well as any other media form, media channel, website or application related, linked, or otherwise connected thereto (collectively, the "Site"). We are registered in Switzerland and have our registered office at Bahnhofstrasse 7, 6300 Zug, Switzerland. Our VAT number is CHE-409.080.088.

By accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. If you do not agree, you are expressly prohibited from using the Site and must discontinue use immediately.

We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use from time to time. Please check the applicable Terms every time you use our Site. Continued use after revised Terms are posted constitutes acceptance.

The Site is not tailored to comply with industry-specific regulations (HIPAA, FISMA, GLBA, etc.). You may not use the Site in a way that would violate such laws. All minors must have parental permission and direct supervision to use the Site. You must be at least 13 years old or the minimum age required in your country to consent to use the Services.

2. Intellectual property rights

The Site is our property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws.

Provided you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you.

UNHOSTED does not claim any right over the marks and/or intellectual properties associated with any third parties on the Platforms and shall not attract any liability in any disputes arising from any use, abuse, or infringement of such marks.

The User acknowledges and warrants that the User owns all the right, title, and interest, including all intellectual property rights, to the content associated with the NFTs stored on UNHOSTED, or the User is legally authorized by the owner.

UNHOSTED welcomes feedback, comments, ideas, and/or suggestions ("Feedback") for improvement of the Platforms. UNHOSTED shall have an exclusive, perpetual, irrevocable, royalty-free, sub-licensable, and transferable license to use, copy, modify, create derivative works based upon such Feedback. No compensation shall be owed.

3. User representations

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain its accuracy; (3) you have the legal capacity and agree to comply with these Terms; (4) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission; (5) you will not access the Site through automated or non-human means; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use will not violate any applicable law or regulation.

If you provide untrue, inaccurate, not current, or incomplete information, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site.

4. User registration

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username we determine, in our sole discretion, is inappropriate, obscene, or otherwise objectionable.

You may not share your account credentials or make your account available to anyone else and are responsible for all activities under your account.

You represent and warrant that you are not subject to any kind of economic sanctions (including UN Security Council sanctions, OFAC SDN, BIS Denied Persons List, or any similar list in the UK, Switzerland, US, EU, or Japan), and that you are not located in any state, country, territory, or jurisdiction where use of the Services would be illegal.

The User shall require compatible devices and enabling facilities that meet certain system and compatibility requirements. UNHOSTED shall not be responsible for any lapse of security or failed transactions due to internet issues or issues with the User's devices.

5. Prohibited activities

You may not access or use the Site for any purpose other than that for which we make the Site available. As a user of the Site, you agree not to:

  • Systematically retrieve data or other content to create a collection, compilation, database, or directory without our written permission.
  • Trick, defraud, or mislead us or other users.
  • Circumvent, disable, or otherwise interfere with security-related features.
  • Disparage, tarnish, or otherwise harm us and/or the Site.
  • Use any information from the Site to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports.
  • Use the Site in a manner inconsistent with applicable laws or regulations.
  • Engage in unauthorized framing of or linking to the Site.
  • Upload viruses, Trojan horses, or other malicious material; spam; or otherwise disrupt the Site.
  • Engage in any automated use of the system (scripts, bots, scrapers).
  • Delete copyright or other proprietary rights notices from any Content.
  • Attempt to impersonate another user or person.
  • Reverse engineer, decompile, or disassemble any software comprising the Site.
  • Use the Site to advertise or offer to sell goods and services, or for any commercial enterprise without our endorsement.
  • Sell or otherwise transfer your profile.

6. User-generated contributions

The Site does not generally offer users a place to submit or post content. If we provide such opportunity (collectively, "Contributions"), you represent and warrant that your Contributions: do not infringe any third-party rights; are accurate; are not unsolicited advertising; are not obscene, defamatory, threatening, or otherwise objectionable; do not violate any law concerning child protection; do not include offensive comments related to race, national origin, gender, sexual orientation, or disability; and do not violate any provision of these Terms.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in termination or suspension of your rights.

7. Contribution license

You agree that we may access, store, process, and use any information and personal data you provide following the terms of the Privacy Policy and your choices.

By submitting suggestions or feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation.

We do not assert any ownership over your Contributions. You retain full ownership and any intellectual property rights. We are not liable for any statements or representations in your Contributions.

8. Mobile application & browser extension license

Use license

If you access the Site via a mobile application or browser extension (collectively, the "Application") we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the application on electronic devices owned or controlled by you, strictly in accordance with the terms of this application license. You shall not: (1) decompile, reverse engineer, or decrypt the application; (2) make any modification or derivative work; (3) violate any applicable laws; (4) remove proprietary notices; (5) use the application for any commercial enterprise; (6) make the application available over a network for multi-user use; (7) create a competitive product or service; (8) use the application for spam; or (9) use any proprietary information to design competing software.

Apple and Android devices

When you use a mobile application obtained from either the Apple Store or Google Play (each an "App Distributor"): (1) the license is limited to use on a device that utilizes Apple iOS or Android, in accordance with the App Distributor's terms of service; (2) we provide all maintenance and support for the mobile application; (3) refund obligations rest with the App Distributor; (4) you represent and warrant you are not located in a US-embargoed country or on any US prohibited or restricted party list; (5) you must comply with applicable third-party agreements when using the mobile application; (6) the App Distributors are third-party beneficiaries of this license.

9. Submissions

Any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

10. Third-party websites & content

The Site may contain links to other websites ("Third-Party Websites") and Third-Party Content. We do not investigate, monitor, or check Third-Party Websites or Third-Party Content for accuracy, appropriateness, or completeness, and we are not responsible for them. Inclusion of, linking to, or permitting the use of any Third-Party Website or Content does not imply our approval or endorsement.

If you decide to leave the Site and access Third-Party Websites or install Third-Party Content, you do so at your own risk, and you should review the applicable terms and policies. We take no responsibility in relation to any purchases made through Third-Party Websites.

Third-party integrations

We offer the ability to use your Unhosted Account with Third-Party Apps and Services. Interactions and transactions with these third parties are solely between you and them. We do not own, control, or maintain Third-Party Apps or Services and make no guarantees regarding their security, functionality, or suitability. Accessing third-party tools may carry risks including high market volatility and the irreversible nature of blockchain transactions.

User responsibility & disputes

You must review and understand the terms, licenses, and privacy policies of each Third-Party App or Service you use. We are not obligated to mediate disputes between you and third-party providers. By using Third-Party Apps, you release us from any claims or liabilities related to such disputes. We may limit or discontinue access to Third-Party Tools at any time without notice.

11. Site management

We reserve the right, but not the obligation, to: (1) monitor the Site for violations; (2) take legal action against violators, including reporting to law enforcement; (3) refuse, restrict access to, or disable any Contributions; (4) remove or disable files that are excessive in size or burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property.

12. Privacy policy

We care about data privacy and security. Please review our Privacy Policy. By using the Site, you agree to be bound by our Privacy Policy. The Site is hosted in facilities and servers in the United States, and your data may be disclosed to our service providers and affiliates in other jurisdictions.

13. Term and termination

These Terms of Use shall remain in full force and effect while you use the Site. We reserve the right to deny access to and use of the Site for any reason or for no reason, including breach of any representation, warranty, or covenant, or applicable law or regulation. We may terminate your use, delete your account, and any content or information at any time, without warning, in our sole discretion.

If we terminate or suspend your account, you are prohibited from registering and creating a new account under your name, a fake name, or any third party's name.

Your rights

You can stop using our Services and end your relationship with UNHOSTED at any time by closing your account via hi@unhosted.com and ceasing your use of the Services.

EEA consumer withdrawal right

If you are an EEA-based consumer, you can close your account and withdraw from these Terms within 14 days of accepting them by contacting support at hi@unhosted.com.

Appeals

If you believe we have suspended or terminated your account in error, you can file an appeal by contacting hi@unhosted.com.

14. Modifications and interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time without notice. We may experience hardware, software, or other problems or need to perform maintenance, resulting in interruptions, delays, or errors. We have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime.

15. Governing law

These conditions are governed by and interpreted following the laws of Switzerland, and the use of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law of your country of residence. Unhosted AG and yourself both agree to submit to the non-exclusive jurisdiction of the courts of Zug.

16. Dispute resolution

Informal negotiations

The Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other.

Binding arbitration

Any dispute arising from the relationships between the Parties shall be determined by one arbitrator chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration, having its seat in Strasbourg. The seat of arbitration shall be Zug, Switzerland. The language of the proceedings shall be German. Applicable rules of substantive law shall be the law of Switzerland.

Restrictions

Any arbitration shall be limited to the Dispute between the Parties individually. No class-action or representative actions are permitted.

Exceptions

The following Disputes are not subject to informal negotiations and binding arbitration: (a) Disputes seeking to enforce or protect intellectual property rights; (b) Disputes related to allegations of theft, piracy, invasion of privacy, or unauthorized use; (c) any claim for injunctive relief.

17. Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors and to change or update the information on the Site at any time, without prior notice.

18. Disclaimer

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, INACCURACIES, PERSONAL INJURY, UNAUTHORIZED ACCESS, INTERRUPTION OR CESSATION OF TRANSMISSION, BUGS, VIRUSES, OR LOSS RESULTING FROM USE OF ANY CONTENT.

19. Limitations of liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE. OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO $100 USD. Some US state laws and international laws do not allow these limitations; in those jurisdictions some of the above disclaimers may not apply to you.

20. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to: (1) use of the Site; (2) breach of these Terms; (3) breach of your representations and warranties; (4) violation of the rights of a third party; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site.

21. User data

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.

22. Electronic communications, transactions, and signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing. You agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records.

You may agree to receive push notifications from UNHOSTED for alerts on transactions, Watchlist activity, or other similar updates.

23. California users and residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

24. Miscellaneous

These Terms of Use and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right shall not operate as a waiver. We may assign any or all of our rights and obligations to others at any time. If any provision is determined to be unlawful, void, or unenforceable, that provision is deemed severable from these Terms.

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Site. You agree that these Terms will not be construed against us by virtue of having drafted them.

25. Private key storage mechanism

At the heart of our operations lies a commitment to ensure both security and privacy for our users. Our platform employs a sophisticated private key storage mechanism, meticulously designed to maximize security while granting users full control over their cryptographic keys.

Encryption algorithm

The core of our security model revolves around the use of the AES 256 GCM encryption algorithm, widely recognized for its strength and resistance to cryptographic attacks.

Seed phrase encryption

Every user's seed phrase is encrypted using AES 256 GCM. The encryption key is generated from a password solely and independently created by the user.

User's role in security

The password for encryption is neither stored on our servers nor backed up by us. This ensures that the user remains the sole custodian of their private keys — a conscious choice reflecting our commitment to a non-custodial wallet system.

Storage on user's device

The encrypted seed phrase is stored securely on the user's device. We do not have any means or methods to access the encrypted seed phrases stored on the user's devices.

UNHOSTED shall not be liable for any breach in the security of the Wallet due to the User's conduct. The User shall notify UNHOSTED immediately of any unauthorized use of the Private Key or any breach of security of the Wallet.

26. Technical infrastructure

UNHOSTED wallet is a non-custodial, multi-blockchain wallet allowing the User to curate wallets into packs, set up multiple packs, easily set boundaries between such wallets, and use them for specific purposes. UNHOSTED acts as a bridge between different exchanges, wallets, and chains.

Web crypto module

To ensure the reliable encryption and decryption of seed phrases, we leverage the web crypto module — built into modern browsers — offering tools for secure cryptographic operations.

Blockchain interactions

For seamless interactions with various blockchains, we've integrated web3 and ethers.js — widely tested and trusted libraries in the blockchain community.

Smart contract wallet management

Incorporating Biconomy helps us effectively manage the smart contract wallets our platform relies on, guaranteeing smooth transactions and interactions within the blockchain ecosystem.

27. Declaration of intent

We, the team behind UNHOSTED Wallet, declare that to the best of our knowledge and abilities, no malicious activities or operations are being executed on our platform that might compromise user data or harm our users in any capacity. Our commitment remains towards creating a secure environment where our users can operate with peace of mind.

28. Payments and fees

UNHOSTED may charge a fee for certain Site features made available to the User. UNHOSTED reserves the right to change the amount of such fee at any time at their sole and absolute discretion.

29. Transactions

The User acknowledges that Digital Asset transactions are confirmed and recorded in the Digital Asset's associated blockchain and such networks may be decentralized, peer-to-peer networks supported by independent third parties. UNHOSTED does not own, control, or ensure the confirmation and processing of User details for the transaction submitted via UNHOSTED wallet.

The User acknowledges and agrees that UNHOSTED cannot cancel or otherwise modify User transactions. UNHOSTED is not a custodian of any Digital Asset involved in any/all nature of transactions. Any transfer in relation to Digital Assets occurs on the relevant blockchain network and not on a network owned by UNHOSTED.

30. Transaction fee

There may be a requirement of a transaction fee or Gas fees associated with Digital Asset transactions while engaging with third-party networks. The User must ensure adequate amount of such fee to complete transactions. UNHOSTED shall not be liable for any losses or failed transactions incurred by the User due to inadequate Gas fees or transaction fees.

31. Taxes

Users shall be responsible, as required under applicable law, for identifying and paying all taxes and other governmental fees, penalties, interest, and/or any other similar charges that are imposed on the User or with respect to the transactions and payments under these Terms.

32. Assumption of risk

The User shall assume the risks associated with transactions that rely on smart contracts and other experimental technologies. Such transactions rely on technology including blockchains, cryptographic tokens generated by smart contracts, and other nascent software, applications, and systems that interact with blockchain-based networks. These technologies are experimental, speculative, inherently risky, and subject to change.

The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially and adversely affect the development of UNHOSTED. UNHOSTED services may be subject to technological interferences due to third-party actions including network downtime and interference.

33. Release

To the fullest extent permitted by applicable law, the User releases UNHOSTED and its affiliates from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or related to disputes between users and the acts or omissions of third parties.

34. No investment advice

All content and descriptions are for informational purposes only. Nothing on our Site constitutes a solicitation, recommendation, endorsement, or offer by UNHOSTED or any third-party service provider to buy or sell any securities or other financial instruments in Switzerland or any other jurisdiction. You alone assume the sole responsibility of evaluating the merits and risks of any decision based on such information.

What are the key risks?

You could lose all the money you invest

The performance of most crypto assets can be highly volatile, with their value dropping as quickly as it can rise. You should be prepared to lose all the money you invest in crypto assets. The crypto asset market is largely unregulated.

You may not be able to sell your investment when you want to

There is no guarantee that investments in crypto assets can be easily sold at any given time. Operational failings such as technology outages, cyber-attacks and comingling of funds could cause unwanted delay.

Crypto asset investments can be complex

Investments in crypto assets can be complex, making it difficult to understand the risks. Do your own research before investing. If something sounds too good to be true, it probably is.

Don't put all your eggs in one basket

Putting all your money into a single type of investment is risky. Spreading your money across different investments makes you less dependent on any one to do well.

35. Contact us

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us:

hi@unhosted.com

Unhosted AG
Bahnhofstrasse 7
6300 Zug, Switzerland

MIT License

This Site includes both MIT licensed and proprietary components. All modifications done to the MIT licensed codebase are under Unhosted Ltd. proprietary license. The MIT-Licensed Module is maintained by the MIT license set out in the Rabby GitHub Repository.