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Terms of Service

Last Updated: November 22, 2024

Effective Date: November 22, 2024

⚠️ CRITICAL NOTICE: Elara Wallet is a non-custodial cryptocurrency wallet. You are solely responsible for your private keys, seed phrases, and funds. We cannot recover lost wallets or reverse transactions. Read these terms carefully before using the App.

1. Acceptance of Terms

By downloading, installing, or using Elara Wallet (the "App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App. We reserve the right to modify these Terms at any time, with changes effective upon posting in the App.

2. Definitions

  • "App" - Elara Wallet mobile application for Android and iOS
  • "User," "You" - Any person using the App
  • "We," "Us," "Our" - Elara Wallet and its operators
  • "Wallet" - Cryptographic key pair generated by the App
  • "Cryptocurrency" - Digital assets including Bitcoin (BTC) and Interchained (ITC)
  • "Private Key" - Cryptographic secret that controls access to your funds
  • "Seed Phrase" - BIP39 mnemonic used to recover your wallet

3. Eligibility

You must meet the following requirements to use the App:

  • Be at least 18 years of age (or legal age in your jurisdiction)
  • Have legal capacity to enter into binding contracts
  • Not be located in a jurisdiction where cryptocurrency use is prohibited
  • Comply with all local, state, and federal laws regarding cryptocurrency

By using the App, you represent and warrant that you meet these requirements.

4. Non-Custodial Service

Critical Understanding: Elara Wallet is non-custodial. This means:

  • We do NOT hold, store, or have access to your private keys or funds
  • We CANNOT recover your wallet if you lose your seed phrase
  • We CANNOT reverse, cancel, or refund transactions
  • We CANNOT freeze, seize, or restrict your funds
  • You have COMPLETE and SOLE control over your cryptocurrency

5. Your Responsibilities

As a user of a non-custodial wallet, you are solely responsible for:

5.1 Security

  • Seed Phrase Backup: Write down and securely store your 12/24-word seed phrase
  • Private Key Protection: Never share your private keys or seed phrase with anyone
  • Device Security: Protect your device with PIN, biometrics, and anti-malware
  • PIN Protection: Choose a strong 6-digit PIN and never share it
  • Phishing Awareness: Verify you're using the official Elara Wallet app

5.2 Transaction Accuracy

  • Verify recipient addresses before sending cryptocurrency
  • Double-check transaction amounts and fees
  • Understand that blockchain transactions are irreversible
  • Ensure you're sending to the correct network (BTC vs ITC)

5.3 Legal Compliance

  • Comply with all applicable laws regarding cryptocurrency in your jurisdiction
  • Report cryptocurrency holdings and transactions as required by law
  • Not use the App for illegal activities, money laundering, or terrorist financing
  • Understand tax implications of cryptocurrency transactions

6. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • Merchantability: The App may not meet your specific needs
  • Fitness for Purpose: No guarantee the App is suitable for your intended use
  • Security: No system is 100% secure. Use at your own risk.
  • Availability: ElectrumX servers, blockchain networks, and APIs may experience downtime
  • Accuracy: Price feeds, balances, and transaction data may be delayed or incorrect
  • Compatibility: The App may not work on all devices or operating systems

7. Limitation of Liability

MAXIMUM LIABILITY: TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING:

  • Loss of cryptocurrency due to user error, device loss, or compromised security
  • Failed transactions, network congestion, or blockchain issues
  • Incorrect balances, price feeds, or transaction history
  • Third-party service failures (ElectrumX, price APIs, RevenueCat)
  • Software bugs, crashes, or data loss
  • Regulatory changes affecting cryptocurrency legality
  • Cryptocurrency price volatility or market crashes

IN NO EVENT SHALL OUR LIABILITY EXCEED THE AMOUNT YOU PAID FOR PREMIUM SUBSCRIPTIONS IN THE LAST 12 MONTHS, IF ANY.

8. Prohibited Uses

You agree NOT to use the App for:

  • Money laundering or terrorist financing
  • Purchasing illegal goods or services
  • Tax evasion or fraud
  • Violating sanctions or export controls
  • Infringing intellectual property rights
  • Hacking, reverse engineering, or exploiting the App
  • Creating automated bots or scrapers
  • Impersonating others or creating fake accounts

9. Premium Subscriptions

9.1 Subscription Terms

Premium subscriptions unlock advanced features (ITC staking, priority support, etc.):

  • Billing: Charged monthly or annually via Google Play / App Store
  • Auto-Renewal: Subscriptions renew automatically unless canceled
  • Cancellation: Cancel anytime in your Google/Apple account settings
  • Refunds: Managed by Google/Apple per their policies. No refunds for unused portions.
  • Price Changes: We may adjust pricing with 30 days notice

9.2 Free Trial

If offered, free trials automatically convert to paid subscriptions unless canceled before the trial ends. You must cancel at least 24 hours before the trial period expires to avoid charges.

10. Intellectual Property

All App content, including code, design, logos, and trademarks, is owned by Elara Wallet or licensed to us. You may not:

  • Copy, modify, or redistribute the App
  • Reverse engineer or decompile the App
  • Use our trademarks or branding without permission
  • Create derivative works or competing products

11. Third-Party Services

The App integrates with third-party services. We are not responsible for:

  • ElectrumX Servers: Availability, accuracy, or security
  • Blockchain Networks: Bitcoin/ITC network congestion, forks, or failures
  • Price APIs: Accuracy of cryptocurrency price data
  • RevenueCat: Payment processing or subscription management
  • Google Play / App Store: Distribution, billing, or refund policies

Your use of these services is subject to their respective terms and policies.

12. Indemnification

You agree to indemnify, defend, and hold harmless Elara Wallet, its operators, employees, and affiliates from any claims, losses, damages, or expenses (including legal fees) arising from:

  • Your use or misuse of the App
  • Violation of these Terms
  • Violation of any laws or regulations
  • Infringement of third-party rights
  • Loss of your private keys or seed phrase

13. Privacy

Our Privacy Policy (available at elarawallet.com/privacy) explains how we handle data. By using the App, you consent to our data practices as described in the Privacy Policy.

14. Termination

We reserve the right to:

  • Suspend or terminate your access to premium features for Terms violations
  • Discontinue the App entirely with 30 days notice
  • Modify features, pricing, or functionality at any time

Note: Since the App is non-custodial, termination does NOT affect your access to your cryptocurrency. You can always recover your funds using your seed phrase with any BIP39-compatible wallet.

15. Dispute Resolution

15.1 Governing Law

These Terms are governed by the laws of [Your Jurisdiction], without regard to conflict of law principles.

15.2 Arbitration

Any disputes arising from these Terms or the App shall be resolved through binding arbitration, except for:

  • Small claims court actions (under $10,000)
  • Injunctive relief for intellectual property violations

15.3 Class Action Waiver

You agree to resolve disputes individually. No class actions, class arbitrations, or representative actions are permitted.

16. Force Majeure

We are not liable for failures or delays caused by events beyond our reasonable control, including: natural disasters, war, terrorism, government actions, blockchain network failures, internet outages, or pandemics.

17. Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full effect.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Elara Wallet regarding the App, superseding any prior agreements.

19. Updates to Terms

We may update these Terms at any time. Changes will be posted in the App with an updated "Last Updated" date. Continued use of the App after changes constitutes acceptance of the updated Terms.

Final Reminder:

  • ✓ Back up your seed phrase immediately
  • ✓ Never share your private keys
  • ✓ Verify recipient addresses before sending
  • ✓ Understand that transactions are irreversible
  • ✓ We cannot recover lost wallets or funds

By using Elara Wallet, you acknowledge that you have read, understood, and agree to these Terms of Service.

Last Updated: November 22, 2024

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