2.5 Akuna App Transactions
The Akuna App provides a graphical interface (including buttons, links, and other features) that enables you to create, sign, and submit transactions to the Stellar Network. When you initiate a transaction in the Akuna App, the app uses your User Key — a private key stored locally on your device — to cryptographically sign the transaction.
To be accepted by the Stellar Network, a transaction must be signed by key(s) with a combined weight of twenty. Your User Key carries a weight of twenty, enabling you to independently authorize transactions via the Akuna App. Neither Akuna nor any Key Recovery Service Provider (KRSP) can authorize or submit transactions on your behalf, as each of their Recovery Keys carries a weight of ten and cannot meet the required signing threshold.
Once a transaction is signed and submitted to the Stellar Network, it cannot be canceled, reversed, or changed. However, a transaction may fail to execute or be delayed if, for example, it does not meet network requirements, is invalid, or encounters other technical issues beyond Akuna’s control. Akuna bears no responsibility for any delay, rejection, or failure of a transaction after submission to the Stellar Network.
This User Agreement (“Agreement”) is between you (“User,” also referred to as “you” or “your”) and Akuna Wallet Ltd (“Akuna,” also referred to as “we,” “us,” or “our”) that governs your use of the services provided by Akuna as described below (the “Akuna Services” or “Services”). By clicking “I Agree” or by using any Akuna Service, whether through www.akunawallet.com or other relevant website URLs, any associated website, APIs, or Akuna mobile application (collectively, the “Akuna App”), you agree that you have read, understood, and accept all of the terms and conditions contained in this Agreement.
For information about how we collect, use, share, and otherwise process information about you, please see our Privacy Policy available at https://Akunawallet.com/privacy-policy.
1. GENERAL USE
1.1 Eligibility
By using the Services, you represent and warrant that you:
i. are 18 years of age or older;
ii. have the capacity to enter into this Agreement and agree to be legally bound by the terms and conditions of this Agreement, as amended from time to time and are not barred from using the Services under any applicable law;
iii. are not located in, under the control of, or a resident of any country to which the United States has embargoed goods or services, including but not limited to Cuba, Iran, North Korea, Syria or Russian controlled areas of Ukraine (such as, Republic of Crimea, Donetsk People’s Republic, Luhansk People’s Republic).
iv. are not identified as a Specially Designated National (“SDN”) by the U.S. Department of the Treasury Office of Foreign Assets Control (“OFAC”) or placed on the U.S. Department of Commerce’s Denied Persons List;
v. are either (a) using the Services only for your own personal use, or (b) using the Services for another entity with authorization from such entity, and you have authority to agree to and do agree to the terms of this Agreement on behalf of such entity; and
vi. you will comply with this Agreement and all applicable local, state, national, and international laws, rules, and regulations in your usage of the Services.
If you do not meet all of these requirements, you must not access or use the Services.
1.2 Modification
We reserve the right to modify this Agreement or change, suspend, or discontinue the Services (including without limitation, removing or limiting access to certain features) at any time in accordance with this provision. If we make changes that will materially disadvantage our existing registered users we will endeavor to provide them with reasonable advance notice. For modifications that we need to make to meet security, safety, legal or regulatory requirements, we may not be able to notify you in advance but we will let you know as soon as practicable. It is also your responsibility to check this Agreement periodically for changes. If you disagree with any modifications your sole remedy is to cease using the Services and close your account. Your continued use of the Services after the effective date of any such modifications will constitute acceptance of the modifications.
1.3 Registration of Akuna Account
You must register for a user account to use the Akuna Services (“Akuna Wallet Account”). During registration for your Akuna Wallet Account, you agree to provide us, or our service partners, with the information we request for the purposes of account creation, identity verification and the detection of fraud, and you permit us to keep a record of such information. Your access to one or more Akuna Services may be contingent on your ability to successfully satisfy our onboarding requirements, including providing any additional information we may request from time to time. We reserve the right to suspend or terminate your Akuna Wallet Account if you provide inaccurate, untrue, or incomplete information, if your account is reasonably suspected of activity that violates this Agreement, or if you fail to comply with the account registration requirements. You are responsible for protecting your Akuna Wallet Account credentials and all activities that occur under your Akuna Wallet Account, whether or not you know about them. We may, in our sole discretion, refuse to open an Akuna Wallet Account, or limit the number of Akuna Wallet Accounts that you may hold, or limit your ability to access or use certain Services.
1.4 Access
Although we strive to provide you with excellent service, we do not represent that the Akuna App or Services will be available without interruption. You acknowledge and agree that from time to time the Services may be inaccessible or inoperable for any reason, including without limitation: (i) equipment or technology malfunctions; (ii) periodic maintenance procedures or repairs which Akuna may undertake from time to time; or (iii) causes beyond the control of Akuna or which are not reasonably foreseeable by Akuna. If for any reason the Services are inaccessible or inoperable, you agree to hold harmless Akuna for any impact this inaccessibility or inoperability may have upon you or your use of the Services.
2. AKUNA SERVICES
2.1 Stellar Account
When you create a new Akuna Wallet Account, Akuna will help you generate an account on the underlying Stellar Network secured by cryptographic key pairs (“Stellar Account”). The Akuna App provides a graphical user interface to allow you to view information about your account on the Stellar Network and generate, sign, and submit transactions to the Stellar Network. The Stellar Network is a decentralized, open-source distributed ledger protocol and is not a part of the Services defined herein, however, the Akuna App will enable you to undertake certain actions and activities on the Stellar Network.
2.2 Use of the Stellar Network
An account on the Stellar Network enables the account holder to hold and transfer digital asset balances, undertake certain transactions, interact with smart contracts, and otherwise transact through the Stellar Network. Activities on the Stellar Network are powered by a network of independent servers and are not controlled by us or any other single entity. We do not and cannot guarantee the successful operation, up-time, security, or functioning of the Stellar Network. We cannot control the activities of you or third parties who may develop or transact on the network, validate transactions on the network, or use the network because we do not control the Stellar Network and cannot control activity and data on the network. We cannot prevent, erase, reverse, hide, fix, or otherwise change any transaction submitted on the Stellar Network. All activity and data on the Stellar Network are permanent and public.
You agree and acknowledge that any access or use by you of the Stellar Network is made solely at your own risk and that we bear no responsibility or liability for your use of the Stellar Network, including, without limitation, for any harm, loss, or damages arising from transactions sent to wrong Stellar addresses, incorrectly constructed transactions, software and network problems, technical failures, unauthorized access to any accounts, legal and regulatory matters and consequences, or fraud conducted by third parties.
2.3 Digital Assets
The Akuna App allows you to view, transfer, and otherwise interact with digital assets stored in your Stellar Account. At this time, the Akuna App only supports sUSDC, the Stellar-based version of USDC, a U.S. dollar stablecoin issued by Circle Internet Financial, LLC. Akuna may, in its sole discretion, determine which digital assets are supported or displayed in the Akuna App.
Digital assets held in your Stellar Account are not legal tender, are not issued or backed by any government, and are not covered by deposit insurance or other government protections. The fiat value of digital assets displayed in the Akuna App, including stablecoins such as sUSDC, may be volatile and could lose all value, even if they are designed to track fiat currency. Akuna does not control or guarantee the value, functionality, or availability of any digital asset and makes no representations or warranties regarding their performance. You are solely responsible for conducting your own due diligence and assume all risk associated with acquiring or using any digital asset.
2.4 Key Management and Recovery
When you create an Akuna Wallet Account, the Services will help you generate an account on the underlying Stellar Network (“Stellar Account”). Your Stellar Account is secured by a cryptographic keypair consisting of a public key and a private key. Your public key, also referred to as your wallet address, is used to receive funds and may be shared. Your private key, by contrast, provides full access to your Stellar Account and must be kept secret and stored securely. Your private key is encrypted and stored locally on your device and is referred to as your User Key. The User Key carries a weight of 20 and is required to authorize transactions from your Stellar Account.
You agree to be automatically enrolled in Akuna’s Key Recovery Services during onboarding. Key Recovery Services allow you to recover your Stellar Account in the event that you (i) sign out of the Akuna App (ii) uninstall and reinstall the Akuna App (iii) switch to a new device, or (iv) do a factory restore on your device. To provide Key Recovery Services your Stellar Account is provisioned with two additional partial weight (sub-threshold) private keys: (i) Recovery Key A – a 10-weight key held by Akuna, (ii) Recovery Key B – a 10-weight key held by an independent Key Recovery Service Provider (KRSP), UltraStellar.
Each Recovery Key alone is insufficient to authorize any transaction, and neither Akuna nor UltraStellar has the ability to take unilateral action on your Stellar Account or to use its respective Recovery Key for any other purpose. These Recovery Keys are used exclusively to restore your access to your Stellar Account, when you initiate a recovery request, and only after your request is verified by both parties using your previously linked email address or other verification steps as may be implemented from time to time.
We recommend you save a copy of your private key for secure offline storage (“Backup Key”). You can access your Backup Key in “Account Settings” in the Akuna App. If you recover your Akuna Wallet Account using the Key Recovery Services, your User Key will be replaced with a new one. When this happens, your previous Backup Key will no longer work so you must re-save your Backup Key. Anyone with access to your Backup Key can control the assets held in your Stellar Account so keep your Backup Key secret, store it securely, and never share it.
The Key Recovery Services are provided on a best-efforts basis and Akuna makes no guarantees about their performance or continued availability. Akuna will not be liable for any loss of access to your Stellar Account or digital assets resulting from lost keys, failed recovery, or unavailability of the Key Recovery Services. You acknowledge and agree that (i) You are solely responsible for securely storing your User Key and Backup Key, (ii) Akuna cannot guarantee account recovery or continued access to your Stellar Account, (iii) You must create a separate account with your KRSP (currently, UltraStellar LLC, trading as Lobstr) and agree to its terms and conditions, available here: https://recoverysigner.lobstr.co/terms/.
2.5 Akuna App Transactions
The Akuna App provides a graphical interface (including buttons, links, and other features) that enables you to create, sign, and submit transactions to the Stellar Network. When you initiate a transaction in the Akuna App, the app uses your User Key — a private key stored locally on your device — to cryptographically sign the transaction.
To be accepted by the Stellar Network, a transaction must be signed by key(s) with a combined weight of twenty. Your User Key carries a weight of twenty, enabling you to independently authorize transactions via the Akuna App. Neither Akuna nor any Key Recovery Service Provider (KRSP) can authorize or submit transactions on your behalf, as each of their Recovery Keys carries a weight of ten and cannot meet the required signing threshold.
Once a transaction is signed and submitted to the Stellar Network, it cannot be canceled, reversed, or changed. However, a transaction may fail to execute or be delayed if, for example, it does not meet network requirements, is invalid, or encounters other technical issues beyond Akuna’s control. Akuna bears no responsibility for any delay, rejection, or failure of a transaction after submission to the Stellar Network.
2.6 Fees
Akuna currently sponsors all Stellar Network transaction fees and minimum reserve requirements for transactions initiated via the Akuna App. This sponsorship may be modified or discontinued at Akuna’s discretion, in which case you will be responsible for applicable Stellar Network fees and reserve requirements.
The Akuna App does not currently charge any fees for the Services or any transactions you conduct via the Akuna App but we reserve the right to do so in the future. If we introduce fees, we will provide appropriate advance notice to all impacted users.
You may access third-party services such as a USD Virtual Bank account provided by Bridge and withdrawal services provided by Chipper Cash. These services may charge separate fees or apply exchange rate spreads. Akuna does not control these third-party fees, and you are solely responsible for reviewing and agreeing to their applicable terms. In some flows powered by third-party providers, Akuna may receive a portion of the exchange rate spread as revenue.
3. THIRD-PARTY SERVICES
3.1 Third-Party Services
The Service provides, or third parties may provide, links to other World Wide Web or accessible sites, applications, content, or resources (“Third-Party Services”). We provide these links or integrations only as a convenience, and we do not have control over their content, do not warrant or endorse, and are not responsible for the availability or legitimacy of, or the content, products, or services on or accessible from, those websites, services, resources, or links displayed therein. We make no warranties or representations, express or implied, about such Third-Party Services, the third parties they are owned and operated by, the information contained on them, or the suitability of their products or services. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites, applications, services, or resources. You agree that your use of Third Party Services is subject to separate terms and conditions between you and the third-party identified in Akuna. It is your responsibility to review and understand the applicable terms and conditions before using a Third Party Service.
3.2 Understanding Ramps: Functions & Limitations
The Akuna App may allow you to interact with specialized third-party services on the Stellar Network called “Ramps” that provide conversion between traditional currencies and digital assets:
What Ramps do: Ramps provide “on-ramp” functionality (converting traditional fiat currency to digital assets) and “off-ramp” functionality (converting digital assets back to fiat currency).
Independent status: Ramps operate as independent Third-Party Services subject to Section 3.1 Akuna does not provide these services.
Terms and governance: Your use of any Ramp is governed by that Ramp’s own terms and conditions, not ours. Akuna makes no representations, warranties, or endorsements about any Ramp’s services.
Risks involved: Using Ramp services involves various risks, including:
a. Potential loss of funds
b. Loss of access to your digital assets
c. Software bugs or errors in the Ramp’s services
d. Inability to purchase, redeem, or convert digital assets
e. Risks related to sharing your data with the Ramp.
Limitation of liability: Akuna is not responsible for any loss or delay in accessing your digital assets when issues occur in connection with a Ramp’s services.
Conversion limits: We or the Ramp may set maximum amounts of currency or digital assets you can convert through Ramp services. These limits may change at any time without notice.
4. REPRESENTATIONS, WARRANTIES, AND RISKS
4.1 Warranty Disclaimers
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ALL SUBPARTS THEREOF, INCLUDING ALL TOOLS, APPLICATIONS, AND OTHER CONTENT 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, AKUNA SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT AS TO THE SERVICES AND THE INFORMATION, CONTENT, TOOLS, AND MATERIALS CONTAINED THEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. AKUNA DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT (I) ACCESS TO THE SERVICES OR ANY PART THEREOF WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (II) THAT THE SERVICES OR ANY MATERIALS CONTAINED THEREIN ARE ACCURATE, COMPLETE, RELIABLE, OR CURRENT; (III) THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THAT THE SERVICES OR ANY OF THE MATERIALS CONTAINED THEREIN WILL MEET YOUR REQUIREMENTS, NEEDS, OR EXPECTATIONS. ADDITIONALLY, AKUNA DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LEGALITY OF THE SERVICES FOR ANY USE CASE, OR THAT THE SERVICES MAY MEET ANY REGULATORY AND COMPLIANCE NEEDS. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING AND COMPLYING WITH ALL APPLICABLE LEGAL AND REGULATORY RESTRICTIONS, REPORTING OBLIGATIONS AND OTHER REQUIREMENTS THAT MAY GOVERN YOUR USE OF THE SERVICES. EXCEPT FOR THE EXPRESS STATEMENTS SET FORTH IN THIS AGREEMENT, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR UNDERSTANDING, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR ACCESS AND USE OF THE SERVICES. Akuna IS NOT ACTING AND CANNOT ACT AS YOUR ADVISOR WITH RESPECT TO ANY FINANCIAL, LEGAL, INVESTMENT, OR TAX MATTERS. ANY INFORMATION PROVIDED BY THE COMPANY IS FOR GENERAL INFORMATION ONLY, AND YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER OR NOT TO USE THE SERVICES. YOU ACKNOWLEDGE THAT THE SERVICE MAY BE SUBJECT TO EXPORT RESTRICTIONS AND ECONOMIC SANCTIONS IMPOSED BY U.S. LAW.
4.2 Technology Disclosures and Disclaimers
WITHOUT LIMITING THE GENERALITY OF SECTION 4.1: YOU ACKNOWLEDGE THAT THE STELLAR NETWORK IS A DECENTRALIZED NETWORK THAT IS NOT OPERATED OR CONTROLLED BY AKUNA, THE STELLAR DEVELOPMENT FOUNDATION, OR ANY THIRD PARTY ENTITY. NO ENTITY CONTROLS THE FUNCTIONALITY OR ACTIVITY OF THE STELLAR NETWORK OR THE VALUE OR ACTIVITY OF XLM. ALL TECHNOLOGY, SERVICES, AND INFORMATION RELATED TO THE STELLAR SOFTWARE AND THE STELLAR NETWORK ARE PROVIDED ON AN “AS IS” BASIS. AKUNA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, SERVICE LEVELS, AND INDEMNITIES, EXPRESS OR IMPLIED, RELATED TO THE STELLAR NETWORK, STELLAR SOFTWARE, AND DIGITAL ASSETS, INCLUDING ANY FAILURE OF THE STELLAR NETWORK, ANY LOSS OF VALUE OR ACCESS RELATED TO DIGITAL ASSETS, OR ANY TECHNOLOGICAL DISRUPTIONS OR FAILURES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.
4.3 Regulatory Disclosures and Disclaimers
You acknowledge that:(i) Akuna does not possess sufficient credentials to conduct transactions from any User’s account on the Stellar Network in any digital asset; (ii) Akuna is not a money transmitter or money service business and does not convert or transmit digital assets or any other thing of value on anyone’s behalf; and (iii) Akuna does not provide investment, financial, tax, or legal advice. The information and applications provided in connection with the Services do not constitute investment advice, financial advice, trading advice, or any other sort of advice, and should not be treated by any user as such. Akuna makes no recommendation, and does not provide any advice about the value of any digital asset. Additionally, Akuna and digital assets using the Stellar Network could be affected by one or more regulatory inquiries or regulatory action, which could impede or limit the ability of Akuna to continue to develop, or which could impede or limit your ability to access or use the Services or the Stellar Network.
4.4 Sophistication and Risk of Cryptographic Systems
By using the Services or interacting with the Akuna App or Stellar Network in any way, you represent that you are informed and aware of the risks of cryptographic systems, and you warrant that you have an understanding of native cryptographic tokens, like XLM, public and private key management, and blockchain-based software systems.
4.5 Risk of Weaknesses or Exploits in the Field of Cryptography
You acknowledge and understand that cryptography is an evolving field. Advances in code cracking or technical advances such as the development of quantum computers may present risks to digital assets and the Services, which could result in the theft or loss of your cryptographic tokens or property. To the extent possible, Akuna intends to update the Services to account for any advances in cryptography and to incorporate additional security measures, but does not guarantee or otherwise represent full security of the system. By using the Service or accessing Content, you acknowledge these inherent risks.
4.6 Third Party Risks
You understand that conducting transactions that involve Ramps, or any KRSP will inherently carry risks associated with third parties that Akuna does not and cannot control. You understand and acknowledge that the ability to transact with any Ramp, or with any KRSP via the Services does not mean that Akuna endorses, supports, recommends, or makes any other representation regarding such Ramp,or such KRSP. Unless expressly stated otherwise in this Agreement, Akuna disclaims any and all liability arising from your use of Third-Party Services, your interaction with third parties, or any transactions you may conduct with third parties, whether via the Akuna App, the Services, or otherwise.
4.7 Volatility of Digital Assets
You understand that the value of cryptocurrencies and blockchain tokens and digital assets issued on the Stellar Network, are highly volatile due to many factors including but not limited to adoption, speculation, technology, and security risks, and you could lose all value. You also acknowledge that the cost of transacting on such technologies is variable and may increase at any time causing impact to any activities taking place on the Stellar Network. You acknowledge these risks and represent that Akuna cannot be held liable for price fluctuations or increased costs.
4.8 Application Security
You acknowledge that Stellar Network applications are code subject to flaws and you acknowledge that you are solely responsible for evaluating any code provided by the Services and the trustworthiness of any third-party websites, products, smart-contracts, or content you access or use through the Services. You further expressly acknowledge and represent that Stellar Network applications can be written maliciously or negligently, that Akuna cannot be held liable for your interaction with such applications, and that such applications may cause the loss of property or even identity. This warning and others provided by Akuna in no way evidence or represent an ongoing duty to alert you to all of the potential risks of utilizing the Services.
4.9 Network Disruption
In the event of a network disruption of the Stellar Network or any other applicable network, Akuna or the Services may not be able to support activity related to your account on the Stellar Network. In the event of a network disruption, transactions may not be completed, or they may be partially completed, incorrectly completed, or substantially delayed. Akuna is not responsible for any loss incurred by you, caused in whole or in part, directly or indirectly, by a fork or other network disruption.
5. INDEMNITY
You agree to defend, indemnify, and hold harmless Akuna, its independent contractors, service providers, advisors, and consultants, and their respective directors, employees, and agents (altogether, the “Indemnitees”), from and against any Claims, damages, costs, liabilities, and expenses (including, without limitation, reasonable attorneys’ fees) arising out of or related to: (i) your use of the Services; (ii) your violation of the terms of this Agreement; (iii) your violation of any rights of another; (iv) your conduct in connection with the Services; or (v) your use of the Stellar Network, or any digital asset. Some jurisdictions limit consumer indemnities, so some or all of the indemnity provisions above may not apply to you. If you are obligated to indemnify any of the Indemnitees, we reserve the right, in our sole discretion, to control any action or proceeding and to determine whether to settle and on what terms.
6. LIMITATION ON LIABILITY
YOU AGREE THAT IN NO EVENT WILL YOU SEEK TO HOLD AKUNA, NOR WILL AKUNA BE LIABLE FOR, ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, THE SERVICES, THE AKUNA APP, THE STELLAR NETWORK, OR ANY DIGITAL ASSETS ASSOCIATED WITH THE SERVICES, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE SERVICES; THE SECURE STORAGE OF YOUR PRIVATE USER KEYS OR OTHER RELEVANT CREDENTIALS; ANY CHANGES TO OR INACCESSIBILITY OR TERMINATION OF THE SERVICES; ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO, OR ALTERATION OF ANY TRANSMISSION OR DATA; ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SERVICES; ANY ACTIVITIES OR COMMUNICATIONS OF THIRD PARTIES; ANY LOSS OF VALUE FOR ANY DIGITAL ASSET; OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SERVICES, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF TORT OR OTHERWISE, AND WHETHER OR NOT AKUNA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON AKUNA OR THE SERVICES, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY WILL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
7. INTELLECTUAL PROPERTY
7.1 Our Proprietary Rights
All title, ownership and intellectual property rights in and to the Services are owned by Akuna or its licensors. You acknowledge and agree that the Services (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof) are protected by copyright, trademark, and other intellectual property rights and laws of the Republic of Ghana and other applicable countries. You agree to abide by all applicable proprietary rights and laws, as well as any trademark or copyright notices or restrictions contained in this Agreement. Unless otherwise expressly indicated, you are prohibited from modifying, copying, displaying, distributing, transmitting, publishing, selling, licensing, creating derivative works from, or using any portions of the Services for commercial or public purposes without our express authorization or as expressly permitted by applicable copyright or trademark law.
7.2 Trademarks
Akuna, its logos, and any related product or service names, logos, or slogans, including, without limitation, the “Akuna” name and design, contained herein are trademarks or service marks of Akuna and may not be copied, imitated, or used, in whole or in part, except as expressly permitted in this Agreement or with the prior written permission of Akuna. All other trademarks, names, or logos mentioned in connection with the Services are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the written permission of the applicable trademark holder. The inclusion of any such reference does not constitute an approval, endorsement, or recommendation by us.
7.3 Limited License
We grant you a limited, nonexclusive, nontransferable license to access and use the Services, Akuna App, Akuna source code, and related content, materials, and information (collectively, “Content”) solely for purposes approved by Akuna from time to time. Any other use of the Content is expressly prohibited and all other right, title, and interest in the Content is exclusively the property of Akuna or its licensors. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part without the prior written consent of Akuna. The Akuna software application, including without limitation the Akuna App, the Content, and the Services, are not sold or transferred to you, and Akuna and its licensors retain ownership of all copies of the software applications even after installation on your personal computers, mobile handsets, tablets, wearable devices, speakers and/or other devices. Except for the rights expressly granted to you in this Agreement, Akuna grants no right, title, or interest to you in the Akuna App, the Content, or the Services. Notwithstanding anything herein to the contrary, nothing in the Terms entitles you to use, copy, fork, modify or create derivative works based on the Akuna App’s source code for commercial purposes without our prior written consent.
7.4 Feedback
We welcome your feedback, comments, ideas, and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at support@akunawallet.com. 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.
8. PROHIBITED ACTIVITIES
8.1 Lawful Use
You agree that you will use the Services only for lawful purposes and in accordance with the terms of this Agreement and any user guidelines. It is your responsibility to determine whether you are subject to laws specific to your jurisdiction or otherwise that apply to and/or restrict your use of the Services, including transactions involving the Stellar Network, any Ramp or KRSP including but not limited to any restricted activities, registration or reporting obligations. You agree that you are solely responsible for any and all acts and omissions that occur with regard to your use of the Services, and you agree not to engage in prohibited use of the Services. You will not, under any circumstances, do any of the following:
i. use the Services to defraud, threaten, harass, stalk, spam, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others;
ii. act, or fail to act, in your use of Services, in a manner that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export restrictions or economic sanctions;
iii. provide false, inaccurate, or misleading information;
iv. send, upload, download, or knowingly receive, use, or re-use any material which, in Akuna’s discretion, is abusive, inappropriate or otherwise does not comply with the terms of this Agreement;
v. scrape or collect information from the Services, including about others, without prior consent from us;
vi. attempt to disrupt, interfere, damage, or gain unauthorized access to any parts of the Services or any other computer network, server, computer, or database connected to the Services, including without limitation the Stellar Network;
vii. impersonate or attempt to impersonate another person or entity including another user, Akuna, an Akuna employee, contractor, or director.
viii. disseminate, store, or transmit viruses, scareware, Trojan horses, or other malicious code or program;
ix. use the Services to engage in or support any phishing, spoofing, or similar attack;
x. use the Services to engage in, fund or otherwise support fraudulent or unlawful activity including but not limited to funding terrorism, money laundering or unlawful money transmission or currency exchanging.;
xi. engage in any abusive conduct including but not limited to farming of accounts or digital assets;
xii. engage in any disruptive behavior or conduct that restricts or inhibits anyone’s use or enjoyment of the Services; or
xiii. engage in any other activity deemed by Akuna to be in conflict with the spirit or intent of the terms of this Agreement or that, as determined by us, may harm Akuna or users of the Services, or may expose them to liability.
9. MISCELLANEOUS
9.1 No Third-Party Beneficiaries
No provision of this Agreement is intended, nor will be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any user, client, customer, affiliate, or any party hereto or any other person unless specifically provided otherwise herein, and except as so provided, all provisions hereof will be personal solely between you and Akuna.
9.2 Assignment
This Agreement will be binding on your successors, heirs, personal representatives, and assigns. You may not assign, delegate, or transfer any of your rights or obligations under this Agreement without prior written consent of Akuna, which may be withheld in Akuna’s sole discretion for any reason or no reason. Akuna may assign its rights and duties under this Agreement to any party at any time, in our sole discretion, without notice to you.
9.3 Waiver
No waiver by Akuna, whether by conduct or otherwise, of any term, provision, or condition set forth in this Agreement will be deemed a further or continuing waiver of such term, provision, or condition or a waiver of any other term, provision, or condition. Any failure or delay of Akuna to assert a right or provision under this Agreement will not constitute a waiver of such right or provision.
9.4 Severability
If any provision of this Agreement is deemed unlawful, invalid, or otherwise unenforceable, then that provision, to the minimum extent necessary, will be eliminated and deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions.
9.5 Entire Agreement
This Agreement constitutes the complete and exclusive statement of the agreement between you and Akuna with respect to the Services and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, concerning the Services.
9.6 Termination, Suspension, and Survival
Akuna may terminate or suspend all or part of the Services and your access to the Akuna App immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your access, your right to use the Services will immediately cease. All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, dispute resolution, and limitations of liability.
9.7 Electronic Notices.
You consent to receive all communications, agreements, documents, receipts, notices, and disclosures electronically (collectively, our “Communications”) that we provide in connection with this Agreement and any Services. You agree that we may provide our Communications to you by posting them on the Akuna App or through the Services or by emailing them to you at the email address you provide in connection with using the Services. You should maintain copies of our Communications by printing a paper copy or saving an electronic copy. You may also contact our support team regarding questions about electronic communications at support@akunawallet.com.
9.8 Force Majeure
If by reason in whole or in part of any Force Majeure Event Akuna is delayed or prevented from complying with this Agreement, then such delay or non-compliance will not be deemed to be a breach of this Agreement, and no loss or damage will be claimed by you by reason thereof. “Force Majeure Event” means any event beyond the party’s reasonable control, including, but not limited to, flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, disease, pandemic, insurrection, riot, labor dispute, accident, action of government, communications, power failure, failure in bank performance, network failure, epidemic, or equipment or software malfunction including network splits or “forks” or unexpected changes in a computer network upon which the Services rely.
9.9 Taxes
It is your responsibility to determine what, if any, taxes apply due to your use of Services, including any transactions involving the Stellar Network, or any Ramp, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. Akuna is not responsible for determining or informing you whether taxes apply to your transactions, or for collecting, reporting, withholding or remitting any taxes arising from any transactions, whether involving digital assets or real currency, associated with the Services.
9.10 Relationship of the Parties
Nothing in this Agreement is intended to create custodial arrangement, agency, or trusteeship.
9.11 Governing Law, Forum, and Venue
This Agreement will be governed by Ghanaian law and the courts of Ghana will have exclusive jurisdiction over any claim, dispute or matter.
9.12 Customer Support and Contact Information
Customer Support information and FAQ are available online and you may contact us by email at support@akunawallet.com.