Last Updated: August 21, 2023
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.
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.
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.
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.
5.1. 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.
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.
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.
8.1. 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.
9.1. 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.
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