MaxWallet Terms of Service

Last Reviewed and Updated: December 2023

Please, read these Terms carefully. By accepting these Terms and using our services, you agree to be legally bound by these Terms and all terms incorporated by reference. If you don’t agree with these Terms or any of its Clauses, you shall immediately cease to use our services.

1. GENERAL CONDITIONS

1.1. These Terms regulate relations pertaining to the use of the mobile applications (“Software“)

All of the services provided by MaxWallet we identify in this document as “Services“

1.2 The following terminology applies to these Terms:

“User”, “You” and “Your“ refers to you, the natural person (individual) accessing the website or Software, using our services and accepting these Terms.
“MaxWallet”, “Ourselves”, “We”, and “Us” refers to the company MS Profit LTD., duly organized under the laws of Republic of Seychelles.
“Party” refers to either you or us. For the avoidance of any doubt, the contracting Parties under these Terms are you and MaxWallet.
“Digital Asset”, “Cryptocurrency” refer to blockchain-based software ledger data entries.
“Exchange” means the swap of a crypto asset for another or the same one crypto asset, or the conversion of a fiat currency to cryptocurrency and vice versa.
"Crypto Assets" means a type of assets that can be transferred only and exclusively using blockchain technology, including, but not limited to digital coins and digital tokens, and any other digital mediums of exchange.
"Third-party service" means any platform or network in which crypto assets belong to you or where you are the beneficial owner of crypto assets; and this platform is maintained by a third party outside of the Services; including, but not limited to third-party accounts.
"Private Information" means User’s private keys, backup phrases or passwords.

1.3. In order to be able to use our Services you warrant and represent that you:

are at least 18 years old or of other legal age, according to the relevant jurisdiction;
you represent and warrant that you are not located in, or are not a citizen or resident of the United Kingdom, the United States of America, or a country subject to United Nations Sanctions Lists and their equivalent, or a country where usage of cryptocurrency is forbidden by applicable law
you are only transacting on the Service with legally-obtained funds that belong to you;
you are not furthering, performing, undertaking, engaging in, aiding or abetting any unlawful activity through your relationship with us or through your use of the Services
you comply with these Terms;
you acknowledge and agree that MaxWallet is not acting as your broker, intermediary, agent or advisor or in any fiduciary capacity, and no communication or information provided to you by MaxWallet shall be considered or construed as advice;

1.4. In these Terms, unless otherwise specified, the words importing the singular include the plural and vice versa, and the words importing gender include all genders.

1.5. YOU INDEMNIFY AND HOLD WALLET SERVICE LIMITED HARMLESS AGAINST ANY CLAIMS, DEMANDS AND DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA OR LOSS OF ASSETS, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ORIGINATED FROM OR IN ANY WAY CONNECTED WITH INVALIDITY OR BREACH OF ANY OF THE WARRANTIES, REPRESENTATIONS AND COVENANTS OF THIS SECTION AND THE ENTIRE TERMS.

1.6. Subject to your compliance with the Terms, MaxWallet grants you a nonassignable, non-transferable, non-sublicensable, revocable, and non-exclusive license to use the Software on devices you own or control solely for your personal or internal business purposes.

1.7. You accept that the Terms of Use may be updated by MaxWallet at any time. If You do not read and accept the Terms of Service, You should not use or continue using the Services.

2. SERVICES PROVIDED BY MaxWallet ACCOUNT REGISTRATION. ELIGIBILITY CRITERIA

MaxWallet is a cryptocurrency infrastructure, which consists of:

2.1. MaxWallet Mobile Application

MaxWallet allows for users to access and transfer ownership of virtual currency tokens (‘Cryptocurrency’). Use of MaxWallet is governed by these Terms.

2.2. You Own Your Private Keys

MaxWallet does not store user’s Private Information. It is very important that You backup Private Information. If You lose your Private Information then it will not be possible for MaxWallet to recover it for You and You may lose access to your virtual currency or tokens. We kindly ask You to read the above paragraph carefully.

2.3. MaxWallet Exchange Operations.

MaxWallet itself does not provide exchange service. MaxWallet exchange opportunity is provided by MaxWallet’s partner: ChangeNOW. When making an exchange, you agree with Partner’s Terms of Service https://changenow.io/terms-of-use.

Although the Software makes it easy to engage with the integrated third parties, MaxWallet shall not be responsible for any consequences stemming from your use of third-party integrated services.

2.4. MaxWallet Merchant Payments

MaxWallet allows its users to accept payments and generate cryptocurrency payment invoices through integration with a third-party payment provider, NOWPayments. To use the Merchant Payments feature, you must have a registered account on NOWPayments and log in via the app. When logging in to NOWPayments via the app, you acknowledge and agree to their User Agreement (https://nowpayments.io/doc/user_agreement-v1_2_3.pdf) and Terms of Service (https://nowpayments.io/doc/tos.pdf).

2.5. No Control Over Blockchains

MaxWallet is not the creator of and does not have any control over any of the virtual currencies that the MaxWallet Mobile Non-Custodial Wallet Application allows you to store, exchange or to use.

3. SERVICES PROVIDED BY THIRD-PARTIES

MaxWallet may provide information about third-party products, services, activities or events, or may allow third parties to make their content and information available on or through the Services. MaxWallet provides Third-Party providers as a service to those interested in such content. your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. MaxWallet does not control or endorse, and makes no representations or warranties regarding any Third-Party providers, and your access to and use of such Third-Parties is at your own risk.

3.1. Cryptocurrency rates

All cryptocurrency rates available in the MaxWallet Mobile Non-Custodial Applications are supported by TradingView. The original terms of use are available at https://www.tradingview.com.

3.2. Cryptocurrency transaction information

User’s balance and actual transaction history are supported by each cryptocurrency block explorer e.g. https://ethblockexplorer.org, etc.

3.3 Virtual currency exchange

MaxWallet provides You a platform where virtual currency conversion of a fiat currency to cryptocurrency and vice versa can be made. Such a conversion service is provided by our third-party partners Simplex, Guardarian, and Transak. Furthermore, the utilisation of this product is governed by the terms as set forth by our partners - Simplex, Guardarian, and Transak payment processing may be subject to local bank policies. Issuer banks may decline the payment on their own terms.

3.4. Merchant Payments

MaxWallet provides the ability to utilize a third-party merchant payment provider, NOWPayments, within the application. This feature allows users to integrate with NOWPayments through their API for various functions, including:

Registration: A web view opens inside the application, connecting to the NOWPayments website and registration form.
Login: Users can log in directly through the app.
Creating a Point of Sale: This action requires an API key, which users can exclusively obtain from their personal account on NOWPayments.
Creating an invoice for payment: Users can generate payment invoices through API integration.
Invoice management: Users can access the invoice, including the replenishment address and status, through a web view link within the application. By using Merchant Payments, you acknowledge and agree to NOWPayments' Terms of Service. The rules outlined in NOWPayments' Terms of Use and Privacy Policy apply in their entirety.

3.5. Third party Services.

If You use any Third Party Services, You understand that:

Third Party Services are not controlled by MaxWallet, and MaxWallet shall not be responsible or liable to anyone for Third Party Services;
Your use of Third Party Services is solely between You and the respective Third party and will be governed by the Third Party’s terms and policies. It is your responsibility to review the Third Party’s terms and policies before using a Third Party Services;
Some Third Party Services may request or require access to your (your customers’) data. If You grant access, your data will be handled in accordance with the Third Party’s privacy policy and practices.
MaxWallet does not have control over how a Third Party Services may use your or your customers’ data. Do not share any credential, private key, or other sensitive information with any Third Party without validating their legitimacy;
Third Party Services may not work appropriately with your website or software, and - - MaxWallet may not be able to provide support for issues caused by any Third Party Services. If You have questions or concerns about how a Third Party Service operates, or need support, please contact the Third Party directly.

4. LIMITED RIGHT OF USE. INTELLECTUAL PROPERTY

Unless otherwise specified, all materials on this Services are the property of MaxWallet and are protected by copyright, trademark and other applicable laws. You may view, print and/or download a copy of the materials from this Services on any single computer solely for your personal, informational and/or non-commercial use, provided you comply with all copyright and other proprietary notices.

The trademarks, service marks and logos of MaxWallet and others used in this website (“Trademarks”) are the property of MaxWallet and their respective owners. The Trademarks and other materials should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means, whether manual or automated.

When accessing the Service, you shall not: (i) negatively interfere with other customers; (ii) damage, disable or in any way disrupt the website or the Services; (iii) conduct, pay for, support or in any way be involved in any illegal activities, including but not limited to money laundering, terrorist financing, fraud, illegal gambling, illegal weapons sale and drug trafficking; (iv) use any automated means or interface to access Services or to extract data; (v) use another customer’s account; (vi) provide false or misleading information to us.

5. RISK WARNING

Trading and investing in virtual currencies involve substantial risk of loss and is not suitable for all types of investors. Please make sure you are investing mindfully after understanding the nature, complexity and risks inherent in the trading of virtual currency. You should not purchase virtual currency unless you understand the extent of your exposure to potential loss. Please make sure you are not risking funds you cannot afford to lose. In no event shall MaxWallet be liable to any loss or damage of any kind incurred as a result of the use of this website or the Services.

MaxWallet specifically disclaims and shall have no liability to you for the following risks:

operating system failures (mobile or desktop); and,
disruptions between your hardware, software, and the MaxWallet; and,
cloud backup software (e.g. certain Android distributions) may upload your private information to third party services; and,
malware, viruses or other malicious software on your device that is able to take control of or interfere with MaxWallet; and,
communication delays between your MaxWallet Mobile Application and a node or relay services for a virtual currency (and vice versa); and,
failure to achieve a certain market value/price for a virtual currency token, whether through a third-party service or any other kind of transaction; and, theft of virtual currency tokens.

6. LIMITATION OF LIABILITIES. INDEMNITIES

To the extent permitted by law, MaxWallet shall not be liable for any damages, losses of profit, usage or data, loss of business, loss of business, failure to use the Services, customers misunderstanding of Services or any other loss originated from negligence or fraud or otherwise arising out of or connected to the Services or these Terms.

You shall indemnify and hold harmless MaxWallet, its affiliates, contractors, licensors and respective shareholders, members, directors, officers, employees, attorneys, agents and suppliers from any claim, damage, lawsuit, tort, cost or expenses.

The Service is provided on an “as is” and “as available” basis without any warranty or representation expressed or implied.

You understand and agree that MaxWallet shall not be liable in connection with any third party activity or force majeure event, including labour disputes or other industrial disturbances, electrical, telecommunications, hardware, software or other utility failures, software or smart contract bugs or weaknesses, earthquakes, storms, or other nature-related events, blockages, embargoes, riots, strikes, acts or orders of government authority, acts of terrorism or war, technological change, changes in interest rates or virtual currencies or other monetary conditions, and, for the avoidance of doubt, changes to any blockchain-related protocol.

7. DATA PROTECTION

Full details of our Privacy Policy can be found at Privacy Policy. MaxWallet recommends you to read the Privacy Policy carefully, so that you know the data that MaxWallet collects, uses and who MaxWallet shares your data with.

8. ANTI-MONEY LAUNDERING (AML). KNOW YOUR CUSTOMER (KYC) POLICIES

8.1. Verification procedures

MaxWallet (https://changenow.io, https://www.simplex.com/terms-of-use, https://guardarian.com/terms-of-service not MaxWallet itself) is provided with verification procedures within the standards of anti-money laundering and “Know Your Customer” frameworks in accordance with their terms and conditions.

8.2.1 Fiat exchange

MaxWallet’s third-party partners (https://www.simplex.com and https://guardarian.com) will require the User to provide them with a reliable ID. We highly recommend that you first read their terms of service.

Please note: MaxWallet itself didn’t collect any personal users’ data. To know more, check our Privacy Policy.

8.2.2 Cryptoasset exchange

MaxWallet reserve the right to verify User’s identity during the Exchange processes, according to their policy:

https://changenow.io/faq/kyc-aml-procedure

9. SECURITY

Since the Software is locally installed, you are responsible for the security of the device on which it is installed, including ensuring that you keep anti-virus software current and otherwise protect the device on which the Software is installed against malware.

9.1. We do not store PIN codes and biometric data that you set to log in to the application. This data is stored solely on your device.

10. PROHIBITED JURISDICTIONS

10.1. By accessing and using MaxWallet services and the Website, you represent and warrant that you are not located in, a citizen or resident of, or subject to the laws and sanctions of the United States of America, countries on United Nations Sanctions Lists, or any country where the usage of cryptocurrency is forbidden by applicable law. By using MaxWallet services from a prohibited jurisdiction, you do so at your own risk and are solely responsible for compliance with your local laws and regulations.

10.2. MaxWallet reserves the right to choose the markets and jurisdictions in which it operates and may restrict or deny its services to specific countries.

10.3. MaxWallet maintains the right to use various methods to prevent the use of the Website and its services by the Users listed above. You are to comply with this Section, even if MaxWallet’s methods to prevent use of its services and the Website are not effective or can be bypassed.

11. TAXES. COMPLIANCE WITH LOCAL REGULATIONS

It is your responsibility to comply with local laws in respect to the legal usage of the Services and the regulatory qualification of virtual currencies in your jurisdiction.

You are responsible for determining what taxes apply and in which measure to the authorised use of the Services. You should report and remit the correct taxes to the appropriate tax authority. MaxWallet is not responsible for determining your tax obligations.

12. MISCELLANEOUS

If MaxWallet is unable to perform the Services outlined in the Terms due to factors beyond our control including but not limited to an event of Force Majeure, change of law or change in sanctions policy, MaxWallet shall not be liable for the Services provided under these Terms during the time period coincident with the event.

These Terms set forth the entire understanding between MaxWallet and you with respect to the Service. You agree to rely only on the Terms alone. These Terms supersede any previous statements made by MaxWallet.

If any term, clause or provision of these Terms is held unlawful, void or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.

No failure of MaxWallet to exercise any right, power or privilege under these Terms is deemed to be a waiver thereof, nor any partial exercise of a right, power or privilege should preclude the exercise of the entire or other right, power or privilege.

You may not assign any of the rights conferred to you under these Terms without prior written consent from MaxWallet. MaxWallet may assign any right or obligation under these Terms without any notice to or consent from you.

These Terms are provided in English. Any translation has the sole purpose of being convenient for you. In case of any inconsistency, contradiction or doubt, the English version of these Terms shall prevail.

13. TERM AND TERMINATION

13.1. These Terms shall enter into force for the User since the first use of the Services and shall be in force for an indefinite period of time.

13.2. You agree that MaxWallet, in its sole discretion and for any or no reason, may at any time terminate these Terms and your account for the Services with immediate effect. You agree that any termination of your access to the Services may be without prior notice, and You agree that MaxWallet will not be liable to You or any third party for such termination. MaxWallet shall not give reasons for its actions. MaxWallet will have no obligation to provide a refund of any amounts previously paid by You.

13.3. Upon termination of the Services, your right to use such Services will automatically terminate immediately. MaxWallet will not have any liability whatsoever to You for any suspension or termination.

13.4. All provisions of the Terms, which by their nature should survive termination of Services, will do so.

14. JURISDICTION

The Terms shall be governed and construed in accordance with the laws of Republic of Seychelles.

15. COPYRIGHT PROTECTION

15.1. Using the Website does not give you ownership of any intellectual property rights in the Website, any software or the content you access.

15.2. The materials contained in the Website are protected by applicable copyright and trademark laws and treaties.

15.3. Use of search queries comprising a direct domain name or the brand name such as (but not limited to) MaxWallet, сhangenow, changenow.io, change now, etc. is prohibited in paid SEA advertisements used to attract affiliates. Violation of this rule may result in exclusion from the affiliate program (included, but not limited to, blocking of API keys and forbidding of profit withdrawal).

16. MODIFICATIONS

16.1. MaxWallet reserves the right to change, amend, or modify these Terms at any time. We will provide you with notice of such changes by updating the "Last Updated" date at the top of these Terms. The updated Terms will take effect immediately upon posting on the Website.

16.2. By using the Website, you agree to be bound by the then-current version of these Terms. Herewith continuation of the usage of the Website after making changes or amendments to these Terms means acceptance of the User of such changes or amendments, and therefore the User shall regularly monitor changes in these Terms.

17. ASSIGNMENT

17.1. MaxWallet may transfer rights and obligations under these Terms to third parties without the additional consent of the User.

17.2. The User is entitled to assign its rights and obligations under these Terms to any third party only with prior written consent of MaxWallet.

18. ENTIRE AGREEMENT

These Terms constitutes the whole agreement between the Parties and supersedes any previous arrangements or agreements between them relating to the transactions contemplated in these Terms.

19. SEVERANCE AND VALIDITY

19.1. If any provision of these Terms is or becomes illegal, invalid or unenforceable in any respect under the law of any relevant jurisdiction, such provision shall be deemed to be severed from these Terms and shall be replaced with one having an effect as close as possible to the deficient provision.

19.2. The remaining provisions of these Terms will remain in full force.

20. COSTS

20.1. From time to time, MaxWallet may need to spend time dealing with issues brought to us by the Users. Where any User’s issue is not caused by our negligence or oversight, we reserve the right to recover reasonable administrative costs spent addressing the User’s issue.

20.2. Except as provided otherwise in these Terms, each Party shall pay its own costs and expenses in connection with the negotiation, preparation and performance of these Terms.

21. CONTACT

If you have any questions relating to these Terms, your rights and obligations arising from these Terms and/or your use of the website and the Service, please contact [email protected].