By clicking “I Agree” (in the Algorand Wallet) to these Terms of Service (or "Disclaimer") or by accessing the Algorand Wallet, you acknowledge that you have read and agree to the following statements, disclaimers, and limitation of liability. If you don’t agree, you may not use the Algorand Wallet.
- No Guarantee of Security. Algorand endeavors to take reasonable steps to protect your personal information. However, we cannot guarantee the security of any data you disclose online. By accessing the Algorand Wallet, you accept the inherent security risks of providing information and dealing online over the Internet and will not hold us responsible for any breach of security.
- Assumption of Network Risks. You accept and acknowledge and accept the various risks inherent to using digital currency network including but not limited to hardware failure, software issues, internet connection failure, malicious software, third party interference leading to access to your wallet and other user data, unknown vulnerabilities and unanticipated changes to the protocol. You accept and acknowledge that Algorand will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Wallet, however caused and will not be responsible for any harm occurring as a result of such risks.
- Assumption of Risk of Trading Digital Currencies. You accept and acknowledge the legal risks inherent in trading digital currencies. In particular, you acknowledge and agree that the ALGO token may be considered a security under US law and elsewhere, and that if it is so considered, it may not be traded in any such jurisdiction. Any trading of the ALGO by you in the US or elsewhere is undertaken at your sole risk.
- No Algorand Liability. We will not be responsible or liable to you for any loss and take no responsibility for and will not be liable to you for any use of the Wallet, including but not limited to any losses, damages or claims arising from:
a) User error such as forgotten passwords, incorrectly constructed transactions, or mistyped addresses;
b) Server failure or data loss;
c) Corrupted Wallet files;
d) Unauthorized access to applications;
e) Any unauthorized third party activities, including without limitation the use of viruses, phishing, brute forcing or other means of attack against the Website or Services;
f) Any enforcement action against you for illegally trading digital currencies.
g) Any of your activities that may be unlawful or injurious in any way to any third party.
- No warranty. We make no warranty that the Wallet is free of viruses or errors, that its content is accurate, that it will be uninterrupted, or that defects will be corrected. We will not be responsible or liable to you for any loss of any kind, from action taken, or taken in reliance on material, or information, contained in the Wallet.
- Right to Terminate. We may terminate your access to and use of the Services, at our sole discretion, at any time and for any reason, with or without notice to you.
- For the avoidance of doubt and purposes of emphasis, the following bolded disclaimer and limitation of liability shall apply:
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WALLET IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW ALGORAND SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. ALGORAND DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE WALLET OR ANY OF THE MATERIALS CONTAINED THEREIN WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE.
Limitation of Liability
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, ALGORAND SHALL NOT BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OR INABILITY TO USE THE WALLET INCLUDING BUT NOT LIMITED TO DAMAGES ALLEGEDLY ARISING FROM THE COMPROMISE OR LOSS OF YOUR LOGIN CREDENTIALS OR FUNDS, OR LOSS OF OR INABILITY TO RESTORE ACCESS FROM YOUR BACKUP PHRASE, OR FOR MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS AND/OR ERRORS IN THE TRANSMISSION OF TRANSACTIONS OR MESSAGES TO THE NETWORK, OR THE FAILURE OF ANY MESSAGE TO SEND OR BE RECEIVED BY THE INTENDED RECIPIENT IN THE INTENDED FORM, OR FOR DIMINUTION OF VALUE OF ETHER OR ANY OTHER DIGITAL TOKEN OR DIGITAL ASSET ON THE NETWORK. ALGORAND SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE WALLET, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ALGORAND HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.