TERMS OF SERVICE
OF THE
ONSEI WALLET (TESTNET VERSION)
MOBILE APPLICATION
version of 4 November 2024
GENERAL PROVISIONS
- These Terms of Service of the Onsei Wallet (testnet version) mobile application (the “Terms”) constitute a legally binding agreement (the “Agreement”) between you (the “User”, "you", "your", etc.) and Ulam Labs Konrad Rotkiewicz sp.k. with its registered office in Wrocław, Poland (“ULAM LABS”, “we”, “our”, “us”).
- IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST NOT USE THE APP.
- The Terms apply to your use of the Onsei Wallet (testnet version) mobile application (the “App”). The Terms set out in particular:some text
- the types and scope of electronically supplied services;
- the conditions for the supply of services by electronic means of communication, including:some text
- technical requirements requisite for cooperation with the ICT Systems;
- a prohibition on providing illegal content by the User;
- the conditions for making and terminating contracts of electronically supplied services;
- a complaint procedure.
- The following annexes are an integral part of these Terms:some text
- Annex no. 1 – TEMPLATE WITHDRAWAL FORM;
- Annex no. 2 – RISK NOTICE.
- The App is made available for download through the Apple App Store operated by entity from Apple Inc. group (“Apple Entity”), as well as from the Google Play Store operated by Google Ireland Limited. The Apple App Store and the Google Play Store are not operated by ULAM LABS. You can find more information about use of the Apple App Store, your rights, and Apple Entity obligations connected to your use of the Apple App Store at: https://www.apple.com/legal/internet-services. You can find more information about use of the Google Play Store, your rights, and Google Ireland Limited obligations connected to your use of the Google Play Store at:
https://play.google.com/about/play-terms/index.html. The Section 14. THIRD-PARTY SERVICES applies to your use of the Apple App Store and/or the Google Play Store.
CONTACT
- You may contact ULAM LABS as regards the matters related to the App using one of the following channels:some text
- email: onseiwallet@ulam.io or contact@ulam.io
- telephone: +48 609 393 822 on business days (the call charge to the contact number is in accordance with the tariff package of the User's telecommunications service provider and is independent of ULAM LABS).
- If you use the communication channels set out in Section 2.1 above, you agree that we may communicate with you through these channels in response. We may also communicate with you by providing information through the App interface.
TESTNET APPLICATION & LIMITED FUNCTIONS
- The App is a testnet application. Testnet is an instance of a blockchain powered by the same or a newer version of the underlying software, used for testing and experimentation without risk to real funds or the main chain. The App uses the SEI blockchain testnet.
- The App and the App Services are intended for testing purposes only. The App does not support or allow for any blockchain transactions taking place on-chain, i.e. no real transactions such as crypto-assets, cryptocurrencies, or virtual currencies transfers may take place by using the App.
- The App and the App Services shall not be treated as a final product. The App is provided “as is” as a beta software and may be subject to changes, amendments, and updates.
- ULAM LABS do not provide any guarantee that the App and/or the App Services will be error-free. Subject to the mandatory provisions of Applicable Law, ULAM LABS shall not be responsible for the accuracy, completeness, and correctness of the App and/or the App Services.
- Subject to the mandatory provisions of the Applicable Law, the User acknowledges the limited functions and nature of the App as a software intended for exploring the testnet and agrees not to hold ULAM LABS liable for any damages incurred by the User which were caused by installation and use of the App and/or the App Services.
NO CUSTODY OR CONTROL
- ULAM LABS is a provider of a software solution allowing for creation of a Crypto-Asset Self-Hosted Address(es), i.e. non-custodial crypto-asset wallet(s). Only the User controls crypto-assets in the Crypto-Asset Self-Hosted Address(es) created by using the App and the App Services and only the User may transfer them.
- Nothing in these Terms shall be construed as ULAM LABS providing any services consisting of providing a Crypto-Asset Account, such as custodial crypto-asset wallet. ULAM LABS does not safekeep or control any crypto-assets on behalf of the Users, in particular ULAM LABS has no access to the crypto-assets in the Crypto-Asset Self-Hosted Address(es) created by using the App and the App Services, no means of transferring them (including freezing or burning them), and no control over outgoing or incoming transactions to or from the Crypto-Asset Self-Hosted Address(es) created by using the App.
- Nothing in these Terms shall be construed as ULAM LABS providing any services consisting of safekeeping or controlling any means of access to any crypto-assets belonging to the User, in particular in the form of a private cryptographic keys. The private cryptographic key for the Crypto-Asset Self-Hosted Address(es) created by using the App and the App Services is generated by the User and stored by the User creating the Crypto-Asset Self-Hosted Address(es). ULAM LABS does not record, store, or retain in any other way any data about the Crypto-Asset Self-Hosted Address(es), in particular private cryptographic key, including its public address and recovery phrase.
- Nothing in these Terms shall be construed as ULAM LABS providing any services consisting of selling or purchasing any crypto-assets or providing any intermediary services related to selling or purchasing any crypto-assets. ULAM LABS is a provider of a software solution allowing to create the Crypto-Asset Self-Hosted Address(es). Any liability for use of the Crypto-Asset Self-Hosted Address(es) created by using the App for commercial purposes, such as conducting business, crowdfunding, creating investment pool, crypto-assets exchange, etc. remains solely with the User. ULAM LABS does not have any control over the purpose of use of the Crypto-Asset Self-Hosted Address(es) created by using the App and the App Services as it is solely determined by the User at its sole discretion.
- The User acknowledges that private keys are encrypted and stored on the User’s device. Only the User has access to them. ULAM LABS is not able to manage them in any way. The User is encouraged to save them. If the User fails to do so, the assets in the Crypto-Asset Self-Hosted Address may be irretrievably lost.
NO ADVICE
- The Content presented in the App, including price, value or name(s) of crypto-assets, cryptocurrencies or virtual currencies, as well as public address(es) of crypto-assets account such as crypto-asset wallets, is for testing purposes only and does not reflect real price or value. Any such Content may be inaccurate. The Content or other information made available in the App is provided for information purposes only and does not constitute an offer, advice, or recommendation to buy or sell any assets or to engage in any transaction.
- We are not your broker, intermediary, agent, legal advisor, tax advisor, crypto-assets advisor, financial advisor, or any other advisor of any kind. The Content, the App, these Terms, or any other legal document issued by ULAM LABS in connection with the App and the App Services is not intended to be or contain any sort of advice and should not be construed as such. In particular we do not provide any investment, financial, legal, or tax advice to anyone in the Content, the App, these Terms or any other legal document issued by ULAM LABS in connection with the App and the App Services.
- You should consult your independent financial, legal, or tax professionals before using the App and the App Services to assess if your use of the App and the App Services would comply with the regulatory requirements of the Applicable Law and/or what regulatory requirements would you need to comply with to issue to use the App and the App Services in compliance with the Applicable Law. All decisions made by the User when using the App or the App Service are based solely on the User’s own assessment of the User’s situation and objectives and are User’s sole responsibility.
TECHNICAL REQUIREMENTS FOR THE USE OF THE APP
- The technical requirements for the use of the App and the App Services are as follows: some text
- a mobile device running the iOS operating system (version iOS 13.4 or later) or the Android operating system (version 6.0 or later);
- Mac personal computer with Apple M1 chip or later running the MacOS 11.0 or later;
- iPad device running iPadOS 13.4 or later;
- iPod touch device running iOS 13.4 or later;
- Apple Vision device running visionOS 1.0 or later;
- Internet connection.
LEGAL REQUIREMENTS FOR THE USE OF THE APP
- The legal requirements for the use of the App and the App Services are as follows: some text
- you must be at least 18 years old or of the legal age in accordance with the Applicable Law at the time of accessing the App and the App Services;
- you must have the full legal capacity to conclude agreements under the Applicable Law;
- comply with additional requirements as regards specific Services set out in these Terms (if applicable).
- If you do not meet with any of the requirements set out in Section 7.1, you are obligated to refrain from accessing and using the App and the App Services.
CONCLUSION OF THE AGREEMENT
- The Agreement between User and ULAM LABS on the use of the App and the App Services is concluded when:some text
- the User first accesses the App; and
- the User clicks on the “Create wallet" / "I already have a wallet") button (or button with equivalent information) in the App’s interface, having acknowledged the statement “By proceeding I agree to the Terms and Privacy Policy and confirm that I have read them” next to the button.
APP SERVICES
- We provide the following App Services under the Agreement:some text
- Content Access Service - a service provided to the User under these Terms, described in particular in Section 11. CONTENT ACCESS SERVICE.
- Crypto-Asset Self-Hosted Address Service - a service provided to the User under these Terms, described in particular in Section 12. CRYPTO-ASSET SELF-HOSTED ADDRESS SERVICE.
GENERAL RULES OF USE OF THE APP SERVICES
- The User is authorized to use the App and/or the App Services exclusively for personal use.
- The User is obliged to use the App and/or the App Services in accordance with these Terms, the Applicable Law, and good market practices, respecting personal rights and intellectual property rights, in particular our rights or rights of any Third-Parties. In particular, the User undertakes:some text
- not to transmit or upload any Prohibited Content;
- not interfere with or disrupt the operation of the Services or ICT Systems;
- not impersonate any person or entity, misrepresent information, or otherwise misrepresent your affiliation with a person or entity;
- not collect or gather email addresses or other contact details of other Users by email or otherwise for the purpose of sending unsolicited emails or other unsolicited communications;
- not advertise or offer to sell or purchase any goods or services for any purpose not expressly permitted by ULAM LABS;
- not support, assist, or promote any criminal activity or enterprise;
- not access or use the Services to create products or services that compete with the Services;
- not modify, reproduce, duplicate, copy, download, store, further transmit, distribute, transfer, disassemble, broadcast, publish, remove, or alter any copyright statement or label, or license, sublicense, sell, mirror, design, rent, lease, trademark, grant a security interest in or to any portion of the property, or create derivative works or otherwise exploit any portion of the property with respect to the ULAM LABS Content, the App, or the App Services - without the prior written consent of ULAM LABS;
- not use deep linking, indexing robots, bots, spiders, or other automated devices, programs, scripts, algorithms or methods, or any similar or equivalent manual process to access, obtain, copy or monitor any element of ULAM LABS’s intellectual property, or replicate or circumvent the navigational structure or presentation of the ULAM LABS Content, the App, or the App Services in any way, to obtain or attempt to obtain any materials, documents, or information by any means not intentionally made available through the App Services or the App in accordance with these Terms.
- The User may set the following optional security features when using the App:some text
- passcode – to control access to the App;
- biometric verification – to control access to the App;
- The secret recovery phrase – i.e. a unique 12-word phrase that is generated when the User first sets up Crypto-Asset Self-Hosted Address allowing the User to recover access to the Crypto-Asset Self-Hosted Address - is generated automatically for each Crypto-Asset Self-Hosted Address. The User may decide to save the secret recover phrase in external device or data carrier. If the User clicks the “Skip” button (or button with equivalent information) on the App’s interface when presented with the secret recovery phrase, the User will be able to confirm it later.
- The App and/or the App Services are provided in English.
CONTENT ACCESS SERVICE
- The Content Access Service consists of enabling the User to access the Content.
- To start using the Content Access Service, the User must launch the App on the User’s device.
- The use of the Content Access Service is free of charge.
CRYPTO-ASSET SELF-HOSTED ADDRESS SERVICE
- The Crypto-Asset Self-Hosted Address Service consists of enabling the User to create a Crypto-Asset Self-Hosted Address using ULAM LAB’s software (the App) for testing purposes to be used on the testnet.
- The User is obligated to read the Risk Notice set out in Annex no. 2 to these Terms before using the Crypto-Asset Self-Hosted Address Service.
- To use the Crypto-Asset Self-Hosted Address Service, the User must:some text
- create a Crypto-Asset Self-Hosted Address – by clicking the “Create new wallet” button and proceeding in accordance with the instructions displayed in the App’s interface;
- import a Crypto-Asset Self-Hosted Address - by inputting the secret recovery phrase.
- The Crypto-Asset Self-Hosted Address Service allows the User to:some text
- send crypto-assets on the SEI testnet – by clicking “Send” button and providing public address of the Wallet of the receiver, either by manual input or by scanning a QR code (if applicable and if such option is enabled in the App and the User’s device’s settings);
- receive crypto-assets on the SEI testnet – including by clicking “Receive” button and providing the originator of the transfer with a QR code (if applicable and if such option is enabled in the App and the User’s device’s settings).
- The User may only transfer from or receive to the User’s Crypto-Asset Self-Hosted Address those types of crypto-assets, which are listed in the App’s interface.
- The User may only transfer one type of crypto-assets from the User’s Crypto-Asset Self-Hosted Address connected to the App to the receiver’s Wallet in a single transfer.
- The use of the Crypto-Asset Self-Hosted Address Service is free of charge, Section 13. GAS FEE notwithstanding.
GAS FEE
- The Gas Fee is charged by the smart contract(s) of the SEI testnet blockchain network in SEI testnet crypto-asset.
- The SEI testnet crypto-asset is used for testing purposes only and has no real-world or inherent value outside of the SEI testnet blockchain network.
- The User may set the maximum accepted amount of the Gas Fee by selecting an appropriate button (“Low”, “Medium”, or “High”) to increase the Gas Fee amount and the priority of the transaction being processed on the SEI testnet blockchain network.
- The estimated amount of the Gas Fee is displayed on the App’s interface when the User uses an App Service which requires payment of the Gas Fee.
- The User acknowledges that:some text
- ULAM LABS may collect a Gas Fee for the benefit of the recipients of the Gas Fee who are network validators to cover the network validators' costs associated with processing transactions on the blockchain network;
- ULAM LABS does not receive any amounts from the Gas Fee or determine the amount of the Gas Fee;
- ULAM LABS is not responsible for the amount of the Gas Fee as it is outside of ULAM LABS’ control and ULAM LABS may not be aware of its specific amount for a particular operation due to the way blockchain technology works.
THIRD-PARTY SERVICES
- The App may contain hyperlinks to external services or websites of Third-Parties. These Terms do not apply to such Third-Party services, websites, or content, unless expressly stated otherwise in these Terms. If the User uses them, he/she does so at his/her own risk and subject to the relevant terms of services and privacy policy of such Third-Parties. We recommend that you read their terms of service and privacy policies for further information before accessing or using Third-Party services or websites. ULAM LABS is not responsible for any Third-Party services, websites, or content accessed via a hyperlink from the App, including for their accuracy and/or completeness.
LICENSE
- The User acknowledges that all intellectual property rights in the App and its individual components such as videos, audios, source codes, images, logos, trademarks, or any other materials, including but not limited to copyright, patents, trademark rights, know-how, belong to ULAM LABS.
- ULAM LABS does not, to any extent:some text
- assign, transfer, or sell any of its intellectual property rights, in particular copyrights, to the User; nor
- grant any license to the User other than the following license.
- Upon installation of the App on the User’s device, ULAM LABS grants the User a limited, non-exclusive, non-transferable license to access and use the App. This license is granted:some text
- solely for the personal and non-commercial purposes of the User – the User undertakes not to use the App for commercial purposes without prior written consent of ULAM LABS;
- for an indefinite period of time - the license may be, however, terminated by the User itself or by ULAM LABS in accordance with provisions of the Section 17. TERMINATION OF AGREEMENT;
- without any territorial restrictions - the User is entitled to use the App in any territory;
- without authorization to sub-license or transfer a license to any Third-Party - unless ULAM LABS gives the User prior written consent to such sub-license or transfer a license;
- in the following fields of exploitation – temporary reproduction of the App in whole or in part in the form of the object code, i.e. the User may use the App for the purposes of enabling the use of the App in accordance with its intended use described in these Terms.
- Subject to the mandatory provisions of law that allow the User to do so, the User may not, without prior written consent of ULAM LABS:some text
- copy, modify, decompile, reverse engineer, derive source code, or dissemble the App in whole or in part;
- attempt in any manner to modify, combine, delete, or otherwise change any individual components of the App, as well as to circumvent security measures which enables ULAM LABS to control access to the App;
- remove any proprietary notices or labels on the App or create any derivate works form or sublicense any rights in or to the App;
- sublicense, rent, publish, transfer, or otherwise allow access to the App to any person who is not authorized to use it.
- ULAM LABS will, to the extent possible, make all efforts to improve quality, security, stability, and interoperability of the App by providing appropriate updates and/or patches in accordance with provisions of this Section 15.5:some text
- The User hereby acknowledges and agrees that the aforementioned updates and/or patches may cause disruptions or interruptions of the App and the App Services for some time. Subject to the mandatory provisions of law, the User agrees not to assert any claims against ULAM LABS relating to the aforesaid disruptions or interruptions of the App and/or the App Services.
- ULAM LABS declares that, in the event of the provision of updates and/or patches that may cause disruptions or interruptions in the operation of the App and/or the App Services, it will make all efforts to inform the Users in advance of any planned interruptions in the operation of the App and/or the App Services, subject to emergency situations in which it is necessary for ULAM LABS to take immediate action, in particular such as a breakdown, hacking attack, Third-Party Services interruptions.
- Subject to the mandatory provisions of law, the Users acknowledges that the Terms do not create an obligation on ULAM LABS’s part to provide future updates and/or patches to the App, and ULAM LABS may provide such updates and/or patches at its sole discretion.
- In the event that updates and/or patches are provided, upon installation on the User’s device, ULAM LABS grants the User with a license to use these updates and/or patches under the terms described in Sections 15.1 – 15.4 above.
PRIVACY AND PERSONAL DATA PROTECTION
- ULAM LABS uses your personal data in accordance with Applicable Law, including the GDPR. Information on processing of the User's personal data and information on cookies can be found in the Privacy Policy.
TERMINATION OF THE AGREEMENT
- The User may terminate the Agreement at any time, with or without cause, and with an immediate effect by either deleting the App from the User’s device or by contacting ULAM LABS by email: onseiwallet@ulam.io or contact@ulam.io.
- If the User is a Consumer, the User generally has the right to withdraw from the Agreement within 14 days following the Agreement’s conclusion under the Consumer Rights Act, as well as the right to terminate the Agreement under Chapter 5B of the Consumer Rights Act (where applicable), including right to withdraw from the Agreement (where applicable). The User may use the template withdrawal form set out in Annex no. 1 to these Terms, but it is not obligatory.
- ULAM LABS may terminate the Agreement with immediate effect if any of these valid reasons arise:some text
- the User is in breach of these Terms, in particular the rules of conduct set out in Section 10. GENERAL RULES OF USE OF THE APP SERVICES;
- the User grossly violates Applicable Law or the rights of ULAM LABS or Third-Parties in connection with the User's use of the App Services, in particular intellectual property rights;
- the User carries out activities detrimental to ULAM LABS or Third-Parties, in particular activities that violate or threaten the security of ICT Systems;
- the User uses the App or the App Services in a manner contrary to their purpose or scope as set out in these Terms;
- the User attempts to gain unauthorised access to the App;
- the User overcomes software security features that restrict or protect the use of Content;
- it is requested by a lawful and binding order issued by law enforcement authorities, court of law, or other public authorities (if applicable under the Applicable Law).
AMENDMENTS
- ULAM LABS reserves the right to amend these Terms for important reasons, i.e.:some text
- in the event of a change in legislation, the need to adapt these Terms to the Applicable Law directly affecting these Terms and resulting in the need to modify them to comply with the Applicable Law;
- the need to adapt these Terms to recommendations, orders, rulings, provisions, interpretations, guidelines, or decisions of authorised public authorities;
- extending or changing the functionality of the App, including the introduction of new services provided electronically or changing the existing functionality of the App;
- changing the technical conditions for the provision of the App Services;
- the need to rectify any ambiguities, errors, or clerical mistakes that may have occurred in these Terms;
- changing the contact details, names, identification numbers, electronic addresses, or links provided in these Terms;
- to prevent abuse or for security reasons, including to enable the App Services to be used in a legally compliant manner;
- improving the quality of customer service.
- If the User is a Consumer, ULAM LABS will inform the User of the planned change to these Terms by publication on the Website and by notification in the App’s interface. In such case, ULAM LABS will provide the User who is a Consumer with:some text
- the content of the planned change to these Terms;
- the effective date of the change no less than 7 days prior to such change;
- the consolidated text of the amended Terms.
- If the User does not agree to the proposed changes of these Terms, the User is entitled to terminate the Agreement, effective on the day immediately preceding the date of the proposed amendment. In such case the User must delete the App from the User’s device and cease from using the App or the App Services.
- Subject to the mandatory provisions of the Applicable Law, continued use of the App or the App Service means that the User agrees to be bound by the current version of the Terms.
LIABILITY
- ULAM LABS is liable for providing the App and the App Services.
- Subject to the mandatory provisions of the Applicable Law and other provisions of these Terms, our total liability on any basis (i.e. contractual, tort) for damages caused by ULAM LABS to the User who is not a Consumer in any calendar year of these Terms shall be limited to an amount equal to 100 EUR (liability limitation).
- Subject to the mandatory provisions of the Applicable Law and to the extent such provisions are admissible as regards the Consumers, ULAM LABS shall not be liable (liability exclusion):some text
- for investment, crypto-assets or financial decisions made on the basis of the Content or for the results obtained on the basis of the Content;
- for restricting, delaying, or preventing, in whole or in part, the User’s access to the App or the App Services as a result of acts, events, omissions, or accidents beyond its reasonable control, including strikes, failure of public utility services, or telecommunications network, including the Internet or blockchain network, war, riot, civil commotion, or malicious damage;
- for restricting, delaying, or preventing, in whole or in part, the User’s access to the App or the App Services due to necessary maintenance, upkeep, or development work (including updates) in relation to the App or the App Services;
- for damage caused by circumstances beyond its direct or indirect control;
- for Third-Party Services, including their accuracy and completeness;
- for acts or omissions of the User, in particular for damages caused by illegal use of any of the App Services;
- for loss or damage suffered by the User as a result of the illegal or fraudulent activities of Third-Parties;
- for loss or damage suffered by the User due to the dissemination of the Prohibited Content;
- for damages resulting from ICT Systems, for the operation of which ULAM LABS is not responsible, including the Internet or blockchain networks, in particular for (i) failures, disruptions, errors, distortions, or delays in communication when using the Internet or the blockchain network; (ii) any losses incurred by the User as a result of using the blockchain network or other DLT solutions, including losses, damages or claims arising from it; (iii) User error (e.g. forgotten access information such as private keys, or misconstrued smart contracts or other transactions); (iv) errors or faults arising from blockchain technology (v) changes to protocol rules, protocol bifurcations and/or forks; (vi) technical problems with nodes; (vii) server failure or data loss; (viii) corrupted files; (ix) any other failures, disruptions, errors, distortions, or delays in communication when using the Internet or the blockchain network;
- for any mistake, error, or defect that may arise from the User’s activity as a result of the entry of incorrect, incomplete, or mistaken data into the App’s interface;
- if permitted by the Applicable Law, for lost profits, loss of goodwill or loss of data in cases where this is due to an act or omission of Third-Parties for which ULAM LABS is not responsible.
- The Sections 19.2-19.3 do not deprive the Consumer of the protection(s) afforded to him by the provisions that cannot be derogated from by agreement by virtue of the law of the country where the Consumer has his habitual residence, as well as do not restrict any rights of the Consumer that cannot be excluded or limited by the Applicable Law. If the Consumer has such protection(s) or rights that cannot be limited, the relevant provisions of the Applicable Law will apply.
COMPLAINTS
- ULAM LABS shall exercise due diligence to ensure that the App and the App Services operate at an appropriate level.
- The User has the right to report objections and errors in the functioning of the App and the App Services by contacting ULAM LABS:some text
- by email: onseiwallet@ulam.io or contact@ulam.io;
- by mail to the following address: Ulam Labs Konrad Ratkiewicz sp. k. with its registered office in Wrocław, Poland, address: ul. Grabiszyńska 163/502 (53-439 Wrocław), with the “COMPLAINT” annotation on the envelope.
- The User should state in the complaint:some text
- the contact details required to send a reply to the complaint or claim;
- a detailed description of the event giving rise to the complaint;
- demands of the User making the complaint.
- ULAM LABS may ask the User to provide additional information to the extent necessary to provide a complete response.
- Complaints and notifications will be dealt with immediately, no later than within 14 days, unless a shorter time limit for responding to the complaint arises from the provisions of the Applicable Law
- User’s failure to provide the information set out in Section 20.3 or incomplete provision of such information may make it difficult or impossible for ULAM LABS to respond to the complaint.
- A complaint may be submitted anonymously if providing the User's personal data is not necessary for processing the complaint.
- ULAM LABS will send the User a response to the complaint to the email address from which the complaint was sent unless the User has indicated that he/she wishes to receive a response to a different email address.
- Complaints shall be considered on the basis of the provisions of these Terms and the governing law subject to Section 22. GOVERNING LAW.
DISPUTES
- If any disputes arise in the future concerning these Terms, they will be settled by a court of competent jurisdiction, subject to Sections 21.2 – 21.4 below.
- If a dispute, claim or any matter arises in connection with these Terms, the User may contact ULAM LABS in accordance with Section 2. CONTACT.
- The User is entitled to make use of an out-of-court complaint and redress procedures. For this purpose, the User who is a Consumer may, in particular, seek assistance from consumer organisations and municipal or district consumer ombudsman. A link to the search engine of consumer support institutions is available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pomoc-dla-konsumentow. The User can also use the Online Dispute Resolution (ODR) platform available at: http://ec.europa.eu/consumers/odr.
- ULAM LABS informs that, unless such an obligation arises from the Applicable Law, ULAM LABS does not make use of out-of-court means of redress (out-of-court dispute resolution) and does not undertake to use the ODR platform referred to above.
GOVERNING LAW
- These Terms will be governed by the law of Poland subject to Section 22.2 below. In matters not regulated by these Terms, the relevant provisions of the Applicable Law shall apply.
- For the avoidance of doubt, these Terms shall not limit any rights the Users may have as a Consumer that cannot be excluded or limited under the Applicable Law. In the event that User as a Consumer has such rights which cannot be excluded or limited, the provisions of the Applicable Law shall apply.
FINAL PROVISIONS
- The currently applicable and binding Terms are available on the Website in a form that enables their recording, storage, and reproduction by the User at: https://www.onseiwallet.io/terms-and-conditions.
- The Terms enter into force on 4 November 2024.
- The Terms are effective for an indefinite period.
- If any provision of these Terms is declared invalid or ineffective in whole or in part by a court of law or another competent authority, or if the invalidity or ineffectiveness of any provision of these Terms results from binding legal provisions, or if any provisions prove impossible to implement in whole or in part, the remaining provisions of these Terms shall remain in full force and effect.
- All warranties, representations, conditions, and all other terms of any kind whatsoever implied by statute or common law are excluded from these Terms to the fullest extent permitted by the Applicable Law.
DEFINITIONS
- Agreement – the agreement concluded between the User and ULAM LABS under these Terms.
- App – Onsei Wallet mobile application developed by ULAM LABS and made available through the Apple App Store, designed to be installed on a mobile device running the iOS operating system.
- App Services – services provided by ULAM LABS through the App.
- Apple App Store – service provided by entity from Apple Inc. group through which you can buy, get, license, rent, or subscribe to certain content, applications and other in-app services, governed by the terms and conditions available at: https://www.apple.com/legal/internet-services.
- Applicable Law – any and all applicable laws, statutes, ordinances, orders, regulatory requirements, rules and regulations, and other similar legal instruments, whether state, EU, federal or local, in force at any time in relation to the User or ULAM LABS in connection with the use of the App.
- Consumer – any natural person making a legal transaction with ULAM LABS which is not directly related to his/her professional or business activity.
- Consumer Rights Act - Act of 30 May 2014 on Consumer Rights (Journal of Laws 2023, item 2759, as amended).
- Content – any content, comments, remarks, data, information, text, photos, images, digital or other material displayed by ULAM LABS or made available by ULAM LABS by any other means on or through the App.
- Crypto-Asset Account – an account held by a crypto-asset service provider in the name of one or more natural or legal persons and that can be used for the execution of transfers of crypto-assets.
- Crypto-Asset Self-Hosted Address – an alphanumeric code that identifies an address on a network using DLT or similar technology where crypto-assets can be sent or received.
- ICT Systems – a set of interoperable computing devices and software providing for the processing and storage of data as well as the sending and receiving of data over telecommunications networks, including all computers, communications, electronic, data processing, or cloud systems used by ULAM LABS or the User in relation to the use and/or provision of the App and/or the App Services.
- Gas Fee – the amount payable by a User to the network validators for conducting a blockchain transaction ordered by the User through the App, which is charged by the network validators. The Gas Fee is not a ULAM LABS fee, it is not imposed by ULAM LABS and ULAM LABS does not receive any amounts paid by the User as a Gas Fee.
- Google Play Store – service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, through which you can buy, get, license, rent, or subscribe to certain content, applications and other in-app services, governed by the terms and conditions available at: https://play.google.com/about/play-terms/index.html.
- Prohibited Content – any content, comments, remarks, data, information, text, photos, images, digital or other material made, shared, used or uploaded by the User other than the Content that (i) infringes any intellectual property or other proprietary rights of ULAM LABS or any Third-Party; or (ii) contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any of the App or the App Services; or (iii) constitutes or poses a threat to the privacy or security of any person; or (iv) constitutes unsolicited or unauthorized advertising or commercial activity; or (v) is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, libelous, or otherwise objectionable; or (vi) in the sole judgment of ULAM LABS, is inappropriate or restricts or inhibits others from using the App or the App Services, or may expose ULAM LABS or Users to any damage or liability of any kind.
- Terms – these Terms of Service of the Onsei Wallet (testnet version) mobile application.
- Third-Party – an entity other than you or ULAM LABS.
- Third-Party Service – services or solutions provided by a Third-Party that are linked to in the App.
- ULAM LABS – Ulam Labs Konrad Ratkiewicz sp. k. with its registered office in Wrocław, Poland, address: ul. Grabiszyńska 163/502 (53-439 Wrocław), entered in the register of entrepreneurs of the National Court Register by the District Court for Wrocław-Fabryczna in Wrocław, 6th Commercial Department of the National Court Register under the KRS number: 0000941007, NIP (tax ID): 8943178431, REGON (statistical ID): 520770209.
- User ("you", "your", etc.) – a natural or legal person using the App and/or the App Services.
- Wallet – a Crypto-Asset Account or a Crypto-Asset Self-Hosted Address.
- Website – the website operated by ULAM LABS available at: https://www.onseiwallet.io.
ANNEX NO. 1 – TEMPLATE WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract)
To:
Ulam Labs Konrad Ratkiewicz sp. k.
ul. Grabiszyńska 163/502 (53-439 Wrocław)
email address: contact@ulam.io
I/We (*1) hereby give notice that I/We (*1) withdraw from my/our (*1) contract or the provision of the following service (*1): ____________
Ordered on (*1)/received on (*1): ____________
Name of consumer(s): ____________
Address of consumer(s): ____________
Signature of consumer(s) (only if this form is notified on paper): ____________
Date: ____________
(*1) Delete as appropriate.
INSTRUCTION
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period shall expire after 14 days from the conclusion of the contract.
To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (for example a letter sent by post or e-mail):
Ulam Labs Konrad Ratkiewicz sp. k.
ul. Grabiszyńska 163/502 (53-439 Wrocław)
email address: contact@ulam.io
telephone number: +48 609 393 822
You may use this model withdrawal form, but this is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
ANNEX NO. 2 – RISK NOTICE
Blockchain technology and crypto-assets
You acknowledge that the regulatory environment concerning crypto-assets continues to develop. The application and interpretation of existing laws and regulations are often largely untested and there is a lack of certainty as to how they will be applied. New laws and regulations will be promulgated in the future that will apply to crypto-assets and related services providers, and no assurance can be given that any such changes will not adversely affect crypto-assets or the App Services. It is not possible to predict how such changes would affect the App Services. Regulatory actions could negatively impact crypto-assets or the App Services in various ways.
Login details and access to the Crypto-Asset Self-Hosted Address
You acknowledge that in case of losing the secret recovery phrase or any other access credentials (if set by you at your own discretion) you may irrevocably lose access to the Crypto-Asset Self-Hosted Address and its content such as tokens or other crypto-assets. In such case ULAM LABS shall not be responsible for, and is technologically unable to recover, any such losses. You are solely responsible for safe storage of the secret recovery phrase and all other login credentials and must keep security details safe at all times.
Cybersecurity
You acknowledge risks related to the fact that ULAM LABS is making the App Services available through the Internet and/or through other means mutually acceptable to you and ULAM LABS, and that access to the Internet and the App Services is dependent on numerous factors, technologies, and systems, all of which are beyond the authority and control of ULAM LABS. You acknowledge and agree that ULAM LABS shall not be liable or responsible for any of your inability to access the App Services due to blockchain and/or computer network issues. You accept and acknowledge the risks associated with the use of the App, including the following risk factors:
- the inherent security risks associated with the provision of information and online transactions over the Internet - ULAM LABS implements appropriate technological and organizational safeguards to reduce the risk of any security breach that may result in the accidental or unlawful destruction, loss, alteration, disclosure, or access to User information;
- the inherent security risks associated with the use of online resources, including, but not limited to, risks associated with hardware, software and Internet connections, the risk of introducing malware and the risk that Third-Parties may gain unauthorised access to your information;
- risk of failure of the App resulting from unforeseen or increased technical difficulties, including cyber-attacks, unexpected increases in activity, or other operational or technical difficulties that may cause interruptions or delays.