THIS TERMS OF SERVICE AGREEMENT ("Agreement") is made between Borderless Services, LLC ("Company") and any person or entity ("User") who completes the process to download, utilize, or operate the software known as the Overline application, and API access, mobile applications, communication services or other content offered or provided with the software by the Company (collectively as the "Software"). The Company and User are collectively referred to as the "Parties." BY CLICKING THE ACCEPTANCE BUTTON OR ACCESSING, USING OR INSTALLING ANY PART OF THE SOFTWARE, USER EXPRESSLY AGREES TO AND CONSENTS TO BE LEGALLY BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF USER DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THE USER SHALL NOT BE AUTHORIZED TO ACCESS, USE OR INSTALL ANY PART OF THE SOFTWARE.
a. Description. The Software functions as a free, open source, digital cryptocurrency wallet manager and user interface to access and interact with transactions on the Overline protocol. The Software does not constitute an account by which the Company or any other third parties serve as financial intermediaries or custodians of User's OL, Emblems, or any other cryptocurrency. While the Software has undergone beta testing and continues to be improved by feedback from the developers community, open-source contributors and beta-testers, the Company cannot guarantee that there will be no bugs in the Software. User acknowledges that User's use of the Software is at User's risk, discretion and in compliance with all applicable laws. User is responsible for safekeeping User's Session Passwords, private keys, JSON wallet file, backup recovery mnemonic passphrases, or any other codes User uses to access the Software. IF USER LOSES ACCESS TO USER'S CRYPTOCURRENCY WALLET OR PRIVATE KEYS AND HAS NOT SEPARATELY STORED A BACKUP OF USER'S CRYPTOCURRENCY WALLET OR BACKUP RECOVERY MNEMONIC PHRASE(S) AND CORRESPONDING PASSWORD(S), USER ACKNOWLEDGES AND AGREES THAT ANY OL, EMB, OR ANY OTHER CRYPTOCURRENCIES USER HAS ASSOCIATED WITH THAT CRYPTOCURRENCY WALLET WILL BECOME INACCESSIBLE. All transaction requests are irreversible. The Company and its shareholders, directors, officers, employees, affiliates and agents cannot guarantee transaction confirmation or retrieve User's private keys or passwords if User loses or forgets them.
b. Equipment. User shall be solely responsible for providing, maintaining and ensuring compatibility with the Software, all hardware, software, electrical and other physical requirements for User's use of the Software, including, without limitation, telecommunications and internet access connections and links, web browsers or other equipment, programs and services required to access and use the Software.
c. Security. User shall be solely responsible for the security, confidentiality and integrity of all information and content that User receives, transmits through or stores on the Software. User understands that all transactions are not guaranteed to be accepted by the decentralized waypoint network depending on factors including, but not limited to: transaction fee rate changes, capacity limitations of the waypoint, and malformed transactions. User shall be solely responsible for any authorized or unauthorized access to any account of User by any person. User agrees to bear all responsibility for the confidentiality of User's security devices, information, keys, and passwords.
All currency conversion charges, sales, use, value-added, personal property or other tax, duty or levy of any kind, including interest and penalties thereon, whether imposed now or hereinafter by any governmental entity, and fees incurred by User by reason of User's access, use or installation of the Software shall be the sole responsibility of User.
User represents and warrants to the Company that: (a) if User is a natural person, User is over the age of eighteen (18); (b) User has the power and authority to enter into and perform User's obligations under this Agreement; (c) all information provided by User to the Company is truthful, accurate and complete; (d) User will comply with all laws and regulations of any applicable jurisdiction with regard to User's access, use or installation of the Software; (e) User shall comply with all terms and conditions of this Agreement, including, without limitation, the provisions set forth at Section 4; and (f) User has provided and will provide accurate and complete information as required for access, use or installation of the Software.
User is solely responsible for any and all acts and omissions that occur under User's account, security information, keys or password, and User agrees not to engage in unacceptable use of the Software, which includes, without limitation, use of the Software to: (a) disseminate, store or transmit unsolicited messages, chain letters or unsolicited commercial email; (b) disseminate or transmit material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (c) disseminate, store or transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (d) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication; (e) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of any applicable jurisdiction, or without all required approvals, licenses or exemptions; (f) interfere, disrupt or attempt to gain unauthorized access to other accounts on the Software or any other computer network; or (g) disseminate, store or transmit viruses, Trojan horses or any other malicious code or program. The Interface may not be available or appropriate for use in other jurisdictions. By accessing or using the Interface, you agree that you are solely and entirely responsible for compliance with all laws and regulations that may apply to you.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. USE OF THE SOFTWARE IS AT USER'S SOLE RISK. THE COMPANY DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES THE COMPANY MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SOFTWARE. THE COMPANY MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED.
USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SOFTWARE (INCLUDING ANY PRIVATE KEY STORAGE SERVICE OFFERED AS PART OF THE SOFTWARE, WHETHER CLOUD OR HARDWARE-BASED) AND CONTENT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. USE OF ANY PRIVATE KEY STORAGE SERVICE INCLUDED AS PART OF THE SOFTWARE IS OFFERED TO YOU AS A CONVENIENCE, SUBJECT TO THE LIMITATIONS ABOVE. TO BE SAFE, YOU SHOULD ALWAYS BACKUP YOUR PRIVATE ACCESS KEY VIA SECONDARY MEANS.
IN NO EVENT SHALL THE COMPANY OR ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES OR AGENTS, OR ANY OF ITS OR THEIR RESPECTIVE SERVICE PROVIDERS, BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY USE, INTERRUPTION, DELAY OR INABILITY TO USE THE SOFTWARE, LOST REVENUES OR PROFITS, DELAYS, INTERRUPTION OR LOSS OF SERVICES, BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF DATA, LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION OR SHUTDOWN, FAILURE TO ACCURATELY TRANSFER, FAILURE TO PROPERLY USE, READ OR TRANSMIT INFORMATION, FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION, SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION OR BREACHES IN SYSTEM SECURITY, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COMPANY OR ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES OR AGENTS, OR ANY OF ITS OR THEIR RESPECTIVE SERVICE PROVIDERS, BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM OR IN ANY WAY RELATED TO USER'S ACCESS, USE OR INSTALLATION OF THE SOFTWARE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO USER. IF USER IS DISSATISFIED WITH THE SOFTWARE, USER'S SOLE AND EXCLUSIVE REMEDY SHALL BE FOR USER TO DISCONTINUE USE OF THE SOFTWARE.
User agrees to indemnify, hold harmless and defend the Company, its shareholders, directors, officers, employees, affiliates and agents ("Indemnified Parties") from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney's fees, asserted by any person, arising out of or relating to: (a) this Agreement; (b) User's access, use or installation of the Software, including any data or work transmitted or received by User; and (c) any unacceptable use of the Software by any person, including, without limitation, any statement, data or content made, transmitted or republished by User or any person which is prohibited as unacceptable under Section 4. THIS INDEMNIFICATION INCLUDES THE EXPRESS INDEMNIFICATION OF THE COMPANY AND ALL INDEMNIFIED PARTIES FOR ANY ALLEGED NEGLIGENCE (INCLUDING ANY ALLEGED GROSS NEGLIGENCE). OR OTHER ALLEGED MISCONDUCT OF THE COMPANY OR ANY INDEMNIFIED PARTIES.
The Company retains all right, title, and interest in and to all of the Company's brands, logos, and trademarks, including, but not limited to, Borderless Services, Inc., Overline Desktop, Overline Mobile, OL, Emblems, Overline Network, and variations of the wording of the aforementioned brands, logos, and trademarks.
User acknowledges that the Company shall not be responsible for transferring, safeguarding, or maintaining private keys and/or User's OL, Emblems, or any other cryptocurrency. If User and/or any co-signing authorities lose, mishandle, or have stolen associated private keys, User acknowledges that User may not be able to recover User's OL, Emblems, or any other cryptocurrency, and that the Company shall not be responsible for such loss.
User acknowledges and agrees that the Company shall not be responsible for any aspect of the information, content, or services contained in any third-party materials or on any third party sites accessible or linked to the Software and/or the Company.
The Software is a purely non-custodial application, meaning you are solely responsible for the custody of the cryptographic private keys to the digital asset wallets you hold. This Agreement is not intended to, and does not, create or impose any fiduciary duties on us. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and obligations that we owe you are those set out expressly in this Agreement. You further understand that the markets for these digital assets are highly volatile due to factors including (but not limited to) adoption, speculation, technology, security, and regulation. You acknowledge and accept that the cost and speed of transacting with cryptographic and blockchain-based systems such as Ethereum are variable and may increase dramatically at any time. You further acknowledge and accept the risk that your digital assets may lose some or all of their value while they are supplied to the Overline protocol through the Software, you may suffer loss due to the fluctuation of prices of tokens in a trading pair and, especially in with custom settings updated, experience significant price slippage and cost. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using the Software to interact with the Overline protocol.
By using the Software, User acknowledges and agrees: (i) that the Company is not responsible for the operation of the underlying child chain protocols and that the Company makes no guarantee of their functionality, security, or availability; and (ii) that the underlying protocols are subject to sudden main-chain changes in operating rules ("forks"), and that such forks may materially affect their functionality on the Software. User acknowledges and agrees that the Company assumes absolutely no responsibility whatsoever in respect of an unsupported branch of a forked protocol; and (iii) the Order Book, Transaction History, and Trade History on the Software are pulled from waypoints across a decentralized network of miners which may be subject to outages or other functionality downgrades. While maintaining network latency and health is of top concern and focus for the Company, User acknowledges and agrees that the Company assumes absolutely no responsibility for these outages; and (iv) the public trade history of pairs pricing data is gathered from third party API services for user convenience while on chain decentralized trade history is being collected. The Company is not responsible for outages or delays in the pricing history data and makes no guarantee of their accuracy.
The Company will not monitor, edit, collect, or disclose any personal information about User or User's account or User's device, including its contents or User's use of the Software. The Software may require access to personal devices, but this access is session-limited and stored on-device only. THE COMPANY WILL NOT SELL OR SHARE USER INFORMATION FOR ANY REASON.
a. Camera Access. The Software requires camera access on User’s device to access non-critical wallet management functionality. Camera access on the Software is only for scanning QR codes. Immediately after parsing the QR code, the image is deleted from memory on User’s device.
b. Keychain Storage. The Software requires access to device keychain storage for its mobile application. This access is only for the User's convenience and is not stored or recorded or utilized by the Company and is stored locally on User device's memory until the application is deleted. Use of this functionality is entirely at the risk of the user as outlined under Section 5 of this Agreement.
a. Amendment. The Company shall have the right, at any time and without notice, to add to or modify the terms of this Agreement, simply by delivering such amended terms to User by electronic message through any medium to any address provided to the Company by User. User's access to or use of the Software after the date such amended terms are delivered to User shall be deemed to constitute acceptance of such amended terms.
b. Severance. If any provision or part-provision of this Agreement is, or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this Article shall not affect the validity and enforceability of the rest of this Agreement.
c. Entire Agreement – Disclaimer of Reliance. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior agreements or understandings between the Parties. User expressly represents and warrants that it is not relying upon any statements, understandings, representations, expectations or agreements other than those expressly set forth in this Agreement.
d. THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION. User agrees that any and all disputes or claims against any person arising out of or in any way related to this Agreement or the access, use or installation of the Software by User or any other person shall be subject to binding arbitration under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules. The location of the arbitration shall be the United States. The language of the arbitration shall be English.
e. LANGUAGE. Any translation of this Agreement is made for purposes of local reference only and in the event of any inconsistency between the English and any non-English versions, the English version of this Agreement shall prevail and govern in all respects.
Updated about 2 months ago