TERMS OF USE
Last Updated: August 21, 2023
1. ACCEPTANCE OF TERMS OF USE
Tomo provides Tomo Wallet for managing Ethereum and other blockchain
accounts, and allowing ordinary websites and applications to interact with
blockchain networks, while keeping the user in control over what
transactions they approve, through our website located at
and browser plugin (the “Site”) and mobile application
(the “App”), which includes text, images, audio, code and other materials (the
“Content”) and all of the features, and services provided. The Site, the App
and any other features, tools, materials, or other services offered from time
to time by Tomo are referred to here as the “Service.” Please read these Terms
of Use (the “Terms”) carefully before using the Service.
By using or otherwise accessing the Services, or clicking to accept or
agree to these Terms where that option is made available, you accept and
agree to these Terms consent to the collection, use, disclosure and other
handling of information as described in our Privacy Policy and any
additional terms, rules and conditions of participation issued by Tomo
from time to time. If you do not agree to the Terms, then you may not
access or use the Content or Services.
2. MODIFICATION OF TERMS OF USE
Except for providing for binding arbitration and waiver of class action
rights, Tomo reserves the right, at its sole discretion, to modify or
replace the Terms at any time. The most current version of these Terms
will be posted on our Site. You shall be responsible for reviewing and
becoming familiar with any such modifications. Use of the Services by you
after any modification to the Terms constitutes your acceptance of the
Terms as modified.
3. ELIGIBILITY
You hereby represent and warrant that you are fully able and competent to
enter into the terms, conditions, obligations, affirmations,
representations and warranties set forth in these Terms and to abide by
and comply with these Terms.
Tomo is a global platform and by accessing the Content or Services, you
are representing and warranting that, you are of the legal age of majority
in your jurisdiction as is required to access such Services and Content
and enter into arrangements as provided by the Service. You further
represent that you are otherwise legally permitted to use the service in
your jurisdiction including owning cryptographic tokens of value, and
interacting with the Services or Content in any way. You further represent
that you are responsible for ensuring compliance with the laws of your
jurisdiction and acknowledge that Tomo is not liable for your compliance
with such laws.
4. PASSWORD AND SECURITY
When setting up an account within Tomo service, you will be responsible
for keeping your own account secrets, which may be a twelve-word mnemonic,
an account file, or other locally stored secret information.
Tomo encrypts this information locally with a password you provide, that
we never send to our servers. You agree to (1) never use the same password
for Tomo that you have ever used outside of this service; (2) keep your
secret information and password confidential and do not share them with
anyone else; (3) immediately notify Tomo of any unauthorized use of your
account or breach of security. Tomo cannot and will not be liable for any
loss or damage arising from your failure to comply with this section.
5. DISCLAIMERS AND RISKS
5.1. Warranty disclaimer
You clearly understand and agree that your use of the Service is at your
sole risk. The Service (including the Service and the Content) are
provided on an “AS IS'' and “as available” basis, without warranties of
any kind, either express or implied, including, without limitation,
implied warranties of merchantability, fitness for a particular purpose or
non-infringement. You acknowledge that Tomo has no control over, and no
duty to take any action regarding: which users gain access to or use the
Service; what affects the Content may have on you; how you may interpret
or use the Content; or what actions you may take as a result of having
been exposed to the Content.
You release Tomo from all liability for you having acquired or not
acquired Content through the Service. Tomo makes no representations
concerning any Content contained in or accessed through the Service, and
Tomo will not be responsible or liable for the accuracy, copyright
compliance, legality or decency of material contained in or accessed
through the Service.
5.2. Risk of Cryptographic Systems
By utilizing the Service or interacting with the Content or platform in
any way, you represent that you understand the inherent risks associated
with cryptographic systems; and warrant that you have an understanding of
the usage and intricacies of native cryptographic tokens, smart contract
based tokens such as those that follow the Ethereum Token Standard (
https://github.com/ethereum/EIPs/issues/20), and blockchain-based software systems.
5.3. Risk of Regulatory Actions in One or More Jurisdictions
Tomo could be impacted by one or more regulatory inquiries or regulatory
action, which could impede or limit the ability of Tomo to continue to
develop, or which could impede or limit your ability to access or use the
Service or the Tomo Network blockchain.
5.4. Risk of Weaknesses or Exploits in the Field of Cryptography
You understand that Cryptography is a progressing field. Advances in code
cracking or technical advances such as the development of quantum
computers may present risks to cryptocurrencies and Services of Content,
which could result in the theft or loss of your cryptographic tokens or
property. To the extent possible, Tomo intends to update the protocol
underlying Services to account for any advances in cryptography and to
incorporate additional security measures, but does not guarantee or
otherwise represent full security of the system. By using the Service or
accessing Content, you acknowledge these inherent risks.
5.5. Volatility of Cryptocurrencies
You understand that the blockchain technologies and associated currencies
or tokens are highly volatile due to many factors including but not
limited to adoption, speculation, technology and security risks. You also
acknowledge that the cost of transacting on such technologies is variable
and may increase at any time causing impact to any activities taking place
on the blockchain Network. You acknowledge these risks and represent that
Tomo cannot be held liable for such fluctuations or increased costs.
5.6. Application Security
You acknowledge that Tomo Network applications are code subject to flaws
and acknowledge that you are solely responsible for evaluating any code
provided by the Services or Content and the trustworthiness of any
third-party websites, products, smart-contracts, or Content you access or
use through the Service. You further expressly acknowledge and represent
that Tomo Network applications can be written maliciously or negligently,
that Tomo cannot be held liable for your interaction with such
applications and that such applications may cause the loss of property or
even identity. This warning and others later provided by Tomo, and the
Tomo Network in no way evidence or represent an on-going duty to alert you
to all of the potential risks of utilizing the Service or Content.
6. INDEMNITY
You agree to release and to indemnify, defend and hold harmless Tomo and
its parents, subsidiaries, affiliates and agencies, as well as the
officers, directors, employees, shareholders and representatives of any of
the foregoing entities, from and against any and all losses, liabilities,
expenses, damages, costs (including attorneys fees and court costs) claims
or actions of any kind whatsoever arising or resulting from your use of
the Service, your violation of these Terms of Use, and any of your acts or
omissions that implicate publicity rights, defamation or invasion of
privacy. Tomo reserves the right, at its own expense, to assume exclusive
defense and control of any matter otherwise subject to indemnification by
you and, in such case, you agree to cooperate with Tomo in the defense of
such matter.
7. LIMITATION ON LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE
OF THE SITE AND SERVICE.
You acknowledge and agree that any information you send or receive during
your use of the site and service may not be secure and may be intercepted
or later acquired by unauthorized parties.
You acknowledge and agree that your use of the site and service is at your
own risk. Recognizing such, you understand and agree that, to the fullest
extent permitted by applicable law, neither Tomo nor its Suppliers or
Licensors will be liable to you for any direct, indirect, incidental,
special, consequential, punitive, exemplary, or other damages of any kind,
including without limitation damages for loss of profits, goodwill, use,
data or other tangible and intangible losses or any other damages based on
contract, tort, strict liability, or any other theory (even if Tomo had
been advised of the possibility of such damages), resulting from the site
or service; the use or inability to use the site or service; unauthorized
access or alteration of your transmissions or data; statements or conduct
of any third party on the site or service; any ;actions we we take or fail
as a result of communications you send to us; human errors; technical
malfunctions; failures; including public utility or telephone outages;
omissions, interruptions, latency, deletions or defects of any device or
network, providers, or software (including, but not limited to, those that
do not permit participation in the service); any injury or damage to
computer equipment; inability to fully access the Site or Service or any
other website; theft, tampering, destruction, or unauthorized access to,
images or other content of any kind; data that is processed late or
incorrectly or is incomplete or lost; typographical, printing or other
errors, or any combination thereof; or any other matter relating to the
Site or Service.
Some jurisdictions do not allow the exclusion of certain warranties or the
limitation or exclusion of liability for incidental or consequential
damages. Accordingly, some of the above limitations may not apply to you.
8. PROPRIETARY RIGHTS
8.1. Copyright
All content included on the Site such as text, graphics, logos, buttons,
images, and software is the property of Tomo.
8.2. Trademarks
Tomo trademarks may not be used in connection with any product or service
that is unrelated to Tomo in any manner that is likely to cause confusion
among customers, or which disparages or discredits Tomo. All other
trademarks are not owed by Tomo or its subsidiaries that appear on this
Site are the property of their respective owners, who may or may not be
affiliated with, connected to, or sponsored by Tomo or its subsidiaries.
8.3. Intellectual Property
All title, ownership and intellectual property rights in and to the
Service are owned by Tomo or its licensors. You acknowledge and agree that
the Service contains proprietary and confidential information that is
protected by applicable intellectual property and other laws. Except as
expressly authorized by Tomo, you agree not to copy, modify, rent, lease,
loan, sell, distribute, perform, display or create derivative works based
on the Service, in whole or in part.
9. GENERAL INFORMATION
9.1. Entire Agreement
These Terms (and any additional terms, rules and conditions of
participation that Tomo may post on the Service) constitute the entire
agreement between you and Tomo with respect to the Service and supersedes
any prior agreements, oral or written, between you and Tomo . In the event
of a conflict between these Terms and the additional terms, rules and
conditions of participation, the latter will prevail over the Terms to the
extent of the conflict.
9.2. Waiver and Severability of Terms
The failure of Tomo to exercise or enforce any right or provision of the
Terms shall not constitute a waiver of such right or provision. If any
provision of the Terms is found by an arbitrator or court of competent
jurisdiction to be invalid, the Parties nevertheless agree that the
arbitrator or court should endeavor to give effect to the Parties’
intentions as reflected in the provision, and the other provisions of the
Terms remain in full force and effect.
9.3. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim
or cause of action arising out of or related to the use of the Service or
the Terms must be filed within one (1) year after such claim or cause of
action arose or be forever barred.
