Sui Wallet Terms of Service
Last Updated: December 19, 2023
These Terms of Service (“Terms”) govern your use of certain software services, including the unhosted Sui wallet browser extension (the "Wallet") provided by Mysten Labs, Inc. (“Mysten Labs”). The Wallet enables users to (i) access locally on their own devices, tokens, cryptocurrencies and other crypto or blockchain-based digital assets (collectively, "Digital Assets"); (ii) link to decentralized applications, including, without limitation, decentralized exchanges (collectively "Dapp(s)"); (iii) from the Wallet user interface, swap assets on a peer-to-peer basis via third-party Dapps; and (iv) additional functionality as may be added to the App from time to time (collectively the "Services"). By accessing the Services, you agree to and accept these terms and conditions. If you don’t agree to be bound by these Terms, do not use the Services.
IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND MYSTEN LABS THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION XIV “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.
Privacy Policy. Please review our Privacy Policy, which also governs your use of the Services, for information on how we collect, use and share your information. By using the Service you agree to be bound by our Privacy Policy.
Eligibility. You may use the Services only if you are 18 years or older and capable of forming a binding contract with Mysten Labs, and not otherwise barred from using the Services under applicable law, including applicable U.S. and non-U.S. export control and trade sanctions laws.
Wallet Terms, Conditions and Disclaimers
Obtaining Wallet. Wallet is accessible via a browser extension obtained in the Google Chrome store. You must not access or attempt to access the Services by any means other than the interface we provide or authorize, or circumvent any access or use restrictions put into place to prevent certain uses of the Services. You may elect to create a wallet using one of the OpenID OAuth providers supported by the Wallet from time to time. By using this feature, you acknowledge and agree that information we are obtaining from third parties will be used to create your Wallet.
Third-Party Services. When you use our Services, you may also be using the services of one or more third parties (“Third-Party Services”). For example, the Wallet browser extension requires access to the Google Chrome store. Your use of those and other third-party services will be subject to the privacy policies, terms of use and similar policies and terms, and fees of those third party services.
You may be able to link your Wallet to accounts on third-party platforms, sites and services, to enable access to such accounts from your Wallet. In doing so, you understand and agree that all transactions made when accessing such accounts from your Wallet are subject to these Terms and to the terms of use, privacy policies, and other terms, conditions and policies imposed by the providers of such third-party sites, services and platforms.|Decentralized Order Book Access. The Services provide an app-based means of access to a decentralized central limit order book ("Deepbook") on the Sui blockchain that allows you to swap certain compatible digital assets. Deepbook is distinct from the Wallet and the Wallet is just one, but not the exclusive, method of accessing Deepbook. Deepbook is comprised of open-source or self-executing smart contracts. By using the Services, you understand that you are not swapping, buying or selling digital assets from us and that we do not operate any liquidity pools on Deepbook or control trade execution on Deepbook.
Fees. We may charge fees for some or part of the Services we make available to you (any such fees, an “Interface Fee”). We reserve the right to change Interface Fees at any time, in our sole and absolute discretion. You may incur charges from third parties for use of Third-Party Services. For example, you may be charged fees via the Dapps that you may access via the Wallet. Third party fees are not charged by Mysten Labs. Under no circumstances shall Mysten Labs incur any liability, of any kind, to you arising from or relating to fees charged to you by Third-Party Services linked to or accessed through Mysten Labs’ website or Services. Blockchain transactions require the payment of transaction fees to the appropriate network ("Gas Fees"). Unless we specify otherwise, you will be solely responsible for paying Gas Fees for any transaction that you initiate through the Services.
Recovery Passphrase; OpenID Oauth Access. Because the Wallet is a non-custodial, unhosted Wallet, we do not have custody or control over the contents of your wallet and have no ability to retrieve or transfer its contents. You acknowledge and understand that, in certain circumstances, including if you forget your password for your Wallet, you may need to use a recovery passphrase to access your Wallet (the “Recovery Passphrase”). You are solely responsible for the retention and security of your Recovery Passphrase. Your Recovery Passphrase is the only way to restore access to the Digital Assets stored in your Wallet if you lose access to your Wallet. Anyone who knows your Recovery Passphrase can access, transfer or spend your Digital Assets. If you lose your Recovery Passphrase, you may not be able to access, transfer or spend your Digital Assets. You acknowledge and agree that Mysten Labs does not store and is not responsible in any way for the security of your Recovery Passphrase and you agree to hold Musten Labs, its affiliates, representatives, agents and personnel harmless and that no such party shall be liable in any way in the event you lose your Recovery Passphrase and cannot access, transfer or spend your cryptocurrency. If you elect to access your Wallet using one of the OpenID OAuth providers supported by the Wallet, please note that your access to our website is dependent on the validity of your OAuth provider credentials. Your OAuth provider credentials are managed through your OAuth provider. We do not have access to or control over your OAuth provider credentials.
Acknowledgment of Certain Risks; Other Disclaimers; Release of Claims.
Conversion to Dollars. Dollar conversions of cryptocurrencies displayed in the Wallet are for informational purposes only and may not reflect real-time market rates. Digital Asset prices are highly volatile, and external factors may impact conversion accuracy. Users are advised to refer to reputable sources for the most up-to-date and reliable exchange rates. The Wallet provides an estimated conversion based on available data, but actual rates may vary at the time of transaction or reference.
Ownership. We reserve all rights not expressly granted to you in these Terms. The Services are protected by copyright, trademark, patent, and other laws of the United States and other countries. We own all rights, title, interest in and to the Services and all copies of the Services. These Terms do not grant you any rights to our trademarks or service marks.
You may submit feedback, comments, or ideas about the Services (“Ideas”). Submitting Ideas is entirely voluntary, and we will be free to use such Ideas as we see fit and without any obligation to you.
Your Content.
Posting Content. Our Services may allow you to store or share content such as text (in posts or communications with others), files, documents, graphics, images, music, software, audio and video. Anything (other than Feedback) that you post or otherwise make available through the Services is referred to as “User Content”. Mysten Labs does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content.
Permissions to Your User Content. By making any User Content available through the Services you hereby grant to Mysten Labs a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services. NFTs stored in the Wallet shall not be considered User Content for purposes of this Section.
Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Mysten Labs on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You shall not post, upload, publish, submit or transmit any User Content that: (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (ii) is fraudulent, false, misleading or deceptive; (iii) is defamatory, obscene, pornographic, vulgar or offensive; (iv) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (v) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vi) promotes illegal or harmful activities or substances.
iFrames. Without prior approval and written permission, you may not alter in any way the visual presentation or appearance of our websites.
Removal of User Content. You can remove your User Content by specifically deleting it. You should know that in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
DMCA/Copyright Policy. Mysten Labs respects copyright law and expects its users to do the same. It is Mysten Labs’ policy to terminate in appropriate circumstances users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Links to Third Party Websites or Resources. The Services may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party resources.
Sanctions. Without limiting the foregoing, you may not download or use the Services if (i) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Syria or any other country subject to United States embargo, or if you are on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List, or Entity List; or (ii) you intend to supply any Services to Cuba, Iran, North Korea, Sudan or Syria or any other country subject to United States embargo (or a national or resident of one of these countries), or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List, or Entity List.
Termination. We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account, if you have one, at any time by removing the Wallet web browser extension and ceasing any and all use of the Services. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: V(B), V(C), 5(E), IX, X, XI, XII, XIII, XIV, and XV.
Warranty Disclaimers. THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements, will function as intended, will be free from bugs or errors, or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services.
Indemnity. You will indemnify and hold Mysten Labs and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your User Content, or (c) your violation of these Terms.
Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER MYSTEN LABS NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MYSTEN LABS OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL MYSTEN LABS’ TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO MYSTEN LABS FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO MYSTEN LABS, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Mysten Labs AND YOU.
Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section XIV “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Mysten Labs are not required to arbitrate will be the state and federal courts located in the County of Santa Clara, and you and Mysten Labs each waive any objection to jurisdiction and venue in such courts.
Dispute Resolution.
General Terms.
Reservation of Rights. Mysten Labs and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Mysten Labs and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Mysten Labs and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without Mysten Labs’ prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null. Mysten Labs may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices. Any notices or other communications provided by Mysten Labs under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
Waiver of Rights. Mysten Labs’ failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Mysten Labs. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Contact Information. If you have any questions about these Terms or the Services, please contact Mysten Labs at legal@mystenlabs.com.