Terms of Service

Last updated: November 14, 2020

lab10 collective eG ("lab10" or "we" or "us" or "our") has developed these Terms of Service (these "Terms"), describing the terms that govern your use of the Minerva Wallet Application (the "App" or "Minerva Wallet"), a mobile software application which enables the interaction with blockchain networks and manages decentralized identifiers (one "DID" or many "DIDs"), verifiable credentials (one "VC" or many "VCs") and the interaction with services from websites and other mobile software applications to complement and augment your usage of the blockchains and websites (collectively the "Services").

Agreement to Terms

By clicking "I Agree" or by accessing our Site or using our Services, you agree to be bound by these Terms. If you don't agree to be bound by these Terms, you must not and are not authorized to use any of the Services.

Privacy Policy

Please refer to Minerva's Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

Changes to Terms or Services

We may modify the Terms at any time, in our sole discretion. If we do so, we'll let you know either by posting the modified Terms on the Site, by providing you a notice through the App, or through other methods of communication which we deem reasonable. The modified Terms will be effective at the time they are posted on the Site. It's important that you review the Terms whenever we modify them because if you continue to use the Services after we have modified the Terms, you are agreeing to be bound by the modified Terms. If you don't agree to be bound by the modified Terms, then you must not use the Services. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

Who May Use the Services

You may use the Services if you are 13 years or older and are not barred from using the Services under applicable law.

Security and Wallet Recovery

If you want to use the Services you'll have to create a wallet, which can be recovered via a twelve-word seed phrase ("Seed Phrase"). This Seed Phrase must be kept a secret at all times, as it allows everyone to recover the Minerva Wallet from it.

Within the App you can create accounts ("Account") and DIDs based on that one Seed Phrase. Every activity and all details regarding all Services are stored in encrypted form on the device and on backup systems. At no time the lab10 is able to read or see any of that information or activity done inside the Minerva Wallet.

You're responsible for all activities that occur with your Minerva Wallet, whether or not you know about them.

Feedback

We welcome feedback, comments, ideas, and suggestions for improvements to the Services ("Feedback"). You can submit Feedback by joining our Telegram channel through the in-app community function. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

Content and Content Rights

For purposes of these Terms: (i) "Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) "User Content" means any Content that Account holders (including you) make available through the Services, including any User Apps you develop and post on the App. Content includes without limitation User Content.

Content Ownership, Responsibility and Removal

We do 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 use and exploit your User Content.Subject to the foregoing, lab10 and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected trademark. You agree not to remove, alter or obscure any trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

Rights in User Content Granted by You

In order to operate and provide our Services, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, copy, distribute, create derivative works of, display, and perform the User Content that you upload, submit, store, send, or receive on or through our Services. The rights you grant in this license are for the limited purpose of operating and providing our Services. Additional information about your privacy and how we use User Content is available in the Privacy Policy. You can remove your User Content by specifically deleting it.

We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

Rights in Content Granted by lab10

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display and print the Content solely in connection with your permitted use of the Services.

Rights and Terms for the App

Rights in App Granted by lab10. The App is made available to you under the GPLv3 (or any subsequent license), the terms of which can be found here: https://www.gnu.org/licenses/gpl-3.0.en.html

Acceptable Use and lab10's Enforcement Rights

You agree not to use the Services in ways that:

• Violate, misappropriate, or infringe the rights of lab10, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights;

• Are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes;

• Involve publishing falsehoods, misrepresentations, or misleading statements, including impersonating someone;

• Breach any duty toward or rights of any person or entity, including rights of publicity, privacy, or trademark;

• Involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like;

• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our service providers or any other third party (including another user) to protect the Services or Content;

• Disguise your location through IP proxying or other methods;

• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

• Violate any applicable law or regulation; or

• Encourage or enable any other individual to do any of the foregoing.

You understand that by using the Services, you may be exposed to User Content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any User Content, including any loss or damage to any of your User Content. You agree to comply with all applicable Austrian and non-Austrian, export control and trade sanctions laws ("Export Laws").

Without limiting the foregoing, you may not use or download the Services if (1) you are not located in any jurisdiction that is the subject of an embargo by Austria, the United Kingdom, the European Union or the United States and you are not listed on any list of prohibited or restricted parties by those foregoing; or (2) you intend to supply any Services to any list of prohibited or restricted parties by those foregoing.

Taxation

You bear the sole responsibility to determine if your use of the Services, and/or any other action or transaction related to your digital assets on Minerva Wallet, have tax implications for you. By using the Services, and to the extent permitted by law, you agree not to hold any person other than yourself (including lab10) liable for any tax liability associated with or arising from the operation of the Services or any other action or transaction related to Minerva Wallet.

Third Party Materials

The Services and App may contain links to third-party services and User Apps ("Third Party Materials"). We provide these links only as a convenience and do not warrant or endorse and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources. We reserve the right to disable or remove any User Apps you post on the App for any reason at our sole discretion.

Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may uninstall your Minerva Wallet at any time. Upon any termination, discontinuation or cancellation of Services or your Minerva Wallet, the following provisions will survive: Content and Content Rights, Content Ownership, Responsibility and Removal, Termination, Warranty Disclaimers, Indemnity, Limitation of Liability, Dispute Resolution, and General Terms.

Warranty Disclaimers

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES AND CONTENT 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, LAB10 SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. LAB10 DOES NOT MAKE ANY REPRESENTATIONS OR, WARRANTIES THAT ACCESS TO THE SERVICES OR, ANY OF THE MATERIALS CONTAINED THEREIN WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE.

General Disclaimer

Cryptocurrencies are a high risk investment and may not be suitable for all members of the public and all types of investors. Before purchasing crypto, you must ensure that the nature, complexity and risks inherent in the buying/selling of crypto, are suitable for you and your financial position. You should not purchase crypto unless you understand the extent of your exposure to potential loss, as Minerva Wallet, acting as a non custodial wallet, does not have access to client funds and does not fall under protection of a financial ombudsman service or fall under any financial service compensation schemes, as we are not acting and performing as an authorised financial services provider.

Indemnity

You will indemnify and hold harmless lab10 and its officers, directors, employees and agents, parent entity and subsidiaries 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 (i) your access to or use of the Services or Content, (ii) your User Content, (iii) Third Party Materials, or (iv) your violation of these Terms.

Limitation of Liability

TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, LAB10 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 SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES ALLEGEDLY ARISING FROM THE COMPROMISE OR LOSS OF YOUR SEED PHRASE OR FUNDS, OR LOSS OF OR INABILITY TO RESTORE ACCESS FROM YOUR BACKUP SEED PHRASE, OR FOR MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS AND/OR ERRORS IN THE TRANSMISSION OF TRANSACTIONS OR MESSAGES TO THE ENABLED BLOCKCHAIN NETWORKS, 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 ENABLED BLOCKCHAIN NETWORKS. LAB10 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 SERVICES, EVEN IF AN AUTHORIZED REPRESENTATIVE OF LAB10 HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. LAB10 SHALL NOT BE LIABLE UNDER, ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO SOFTWARE, PRODUCTS, SERVICES, AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD-PARTIES AND ACCESSED THROUGH THE APP. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL LAB10S' TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE HUNDRED EUROS (EUR100.00).

Dispute Resolution, place of jurisdiction, and governing law

These Terms and any action related thereto will be governed by the laws of Austria. These Terms and any other related contractual documents shall exclusively be governed by and construed in accordance with the substantive laws of Austria, as amended from time to time. In the event that the parties are unable to resolve a Dispute in accordance with these Terms, then the parties hereby irrevocably submit such Dispute to the exclusive jurisdiction of the courts of Austria.

General Terms

These Terms constitute the entire and exclusive understanding and agreement between lab10 and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between lab10 and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable by 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.

Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given by posting to the Services and/or through other electronic communication. You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, "Communications") that we provide in connection with your Minerva Wallet and your use of the Services. Our 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 lab10. 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. These Terms are written in English (U.S.). Any translated version is provided solely for your convenience. To the extent any translated version of our Terms conflicts with the English version, the English version controls.

Contact Information

If you have any questions about these Terms or the Services, please contact us via our community Telegram channel linked within the App.