Terms of Service

These Terms of Service ("Agreement") constitute a legal agreement between you ("User", "You", or "Your") and Mufi ("Mufi", "Company", "We", "Us", or "Our"). This Agreement governs your use of our services and related products including but limited to software, programs, documentation, tools, hardware, internet or web-based services, and any updates provided by us and such other services that may be offered by Mufi from time to time (collectively, the "Services"). By accessing or using the Services provided by Mufi through our website, application programming interface ("API"), web-based or mobile application, or any other Mufi website (collectively, the "Mufi Sites"), you represent that you have read, understood, and agree to be bound by the terms and conditions (the "Terms") set forth in this Agreement. If you do not agree to these Terms, do not access or use our Services.

Important—please read these Terms carefully. By accessing or using our Services or the Mufi Sites in any manner: (1) you acknowledge that you have read, understand, and you agree to be bound by all the terms and conditions set forth in these Terms, (2) you affirm, represent and warrant that you meet all of the eligibility requirements set forth below and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and (3) you acknowledge and agree that you are entering into these Terms with us. You may not access or use the Services and/or Mufi Sites (or any part thereof) or create an Account if you do not agree to these Terms or do not meet the eligibility requirements set forth below.

We may amend, modify, or change these Terms at any time to make updates to our Services or for any legal, regulatory, or any other reason, in our sole discretion. Any revisions to these Terms will be posted on our website and will take effect as soon as the revised Terms are posted on the Mufi Sites. By continuing to use our Services or accessing any Mufi Site after such changes are made, you agree to be bound by the revised Terms.

As used throughout this Agreement, the following capitalized terms have the following meanings:

  • "Blockchain" means a system in which records of transactions made in Digital Assets are maintained across computers linked in a peer-to-peer network.
  • "Custodial Wallet" means a Blockchain-based digital wallet in which the private keys are held and managed by a third party.
  • "Digital Asset" means any digital asset that is a digital representation of value implemented using cryptographic techniques.
  • "Non-Custodial Wallet" means a Blockchain-based wallet where the end-user maintains complete control over the user's private keys.

As with any Digital Asset, the value of the Digital Asset is volatile and can increase or decrease and, as a result, you may be exposed to substantial risk that you lose money buying, selling, trading, holding, or investing in Digital Assets. You should carefully consider whether buying, selling, holding, or trading Digital Assets is suitable for you based on your financial condition.

Regulation of Digital Assets and actors and operators of digital asset platforms involves uncertainty as to how existing laws will be applied; is likely to rapidly evolve as government agencies take greater interest; and varies significantly among international, federal, state and local jurisdictions. Any future regulatory actions applicable to Digital Assets and our related business activities could impact our performance of the Services, including but limited to, the types of Services offered and the jurisdictions where such Services are made available.

Mufi provides users with blockchain wallet services in two forms:

  • Custodial Wallets: Abstracted custodial wallets paired to an email address, enabling users to store, manage, and transact with digital assets through Mufi's secure platform.
  • Non-Custodial Wallets: Wallets where users retain full control over their private keys. Mufi provides tools, interfaces, or infrastructure to interact with these wallets, but does not store or access private keys.

Users may choose to use one or both types of wallets depending on their preferences and needs.

Please refer to our Privacy Policy for information about how we collect, use and share information about our users. By agreeing to these Terms, you also agree to our Privacy Policy, incorporated herein by reference, and you acknowledge that you will regularly update yourself on the Terms and our Privacy Policy to familiarize yourself with any and all updates and revisions to the Terms.

Eligibility

To use the Services, you must meet the following eligibility criteria:

  • You are at least 18 years of age or the age of majority in your jurisdiction,
  • You are not a resident of any country or jurisdiction where the use of blockchain services is restricted or prohibited by law,
  • You are not an individual or resident of any country or jurisdiction subject to comprehensive U.S. or international sanctions, and
  • You are not an underage individual, as defined by the laws of your jurisdiction, and you are not using Services on behalf of a minor

Age Restriction

Mufi does not provide services to individuals under the age of 18 (or the age of majority in the relevant jurisdiction). By using our Services, you confirm that you are not underage according to the applicable laws of your jurisdiction. If we become aware that an underage individual has accessed our services, we may suspend or terminate the user's account immediately, and the underage individual may lose access to their account and any digital assets associated with it.

Account Registration

To use the Services, you must create an account (the "Mufi Account" or "Account"). You agree to provide accurate, current, and complete information during the registration process and to maintain and update your account information as needed. By registering or using your Mufi Account, you agree and represent that you have created your Mufi Account and you will use your Mufi Account only for yourself, and not on behalf of any third party. You are solely responsible for all activity that occurs under your Mufi Account. In addition, you agree to maintain the confidentiality of your Account credentials.

Identity Verification

During registration of your Mufi Account, you agree to provide us with the information we request, at registration or any time thereafter, for the purposes of verifying your identity and the detection of money laundering, terrorist financing, fraud, or any other financial crimes and permit us to keep a record of such information. You are required to complete certain verification procedures before you are permitted to use the Services. Your access to the Services may be altered as a result of information collected about you on an ongoing basis.

The information we request may include certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, and a government identification. By providing us with this or any other information that may be requested or required, you confirm that the information you provided is true and accurate.

You agree to keep us updated if any of the information you provide changes. You authorize us to make inquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crimes, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these inquiries, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our inquiries in full. Any such inquiry will be considered an identity check and should have no adverse impact on your credit rating.

Registration Data; Account Security

In consideration of your use of the Services and/or the Mufi Sites, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on any Mufi Sites or otherwise requested by us ("Registration Data"); (b) maintain the security of your login credentials; (c) maintain and promptly update the Registration Data, and any other information you provide to Mufi, to keep it accurate, current and complete; (d) promptly notify Mufi regarding any material changes to information or circumstances that could impact your eligibility to continue to use the Mufi Sites or the Services; and (e) be fully responsible for all use of your Account and for any actions that take place using your Account.

Access

Access to the Services may become degraded or unavailable during times of significant volatility or volume. This could result in significant support response time delays. Although we strive to provide you with excellent service, we do not represent that the Mufi Sites or other Mufi Services will be available without interruption. Mufi shall not be liable for any losses resulting from or arising out of delays in enabling transactions, inability to execute transactions, or lack of timely response from Mufi customer support.

Prohibited Use

You agree not to use the Services in or for any illegal, fraudulent, unauthorized or improper manner or purpose and will only be used in compliance with all applicable laws, rules and regulations. Without limiting the foregoing, you agree that you will not use the Services to transmit or disseminate: (a) junk mail, spam, or unsolicited material; (b) material that infringes or violates any third party's intellectual property rights; (c) material that is illegal, harassing, defamatory, abusive, threatening, obscene, or otherwise objectionable; (d) material related to alcohol, tobacco, weapons, illegal drugs, pornography, gambling, violence, or hate; (e) viruses, Trojan horses, worms, or other malicious code; (f) any material that is false, misleading, or inaccurate; (g) any material that would expose Mufi to liability; (h) any prohibited activities restricted by card networks; or (i) any signal that could cause technical harm to equipment or facilities (collectively, "Prohibited Use").

We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request. We reserve the right to cancel and/or suspend your Account(s) immediately and without notice if we determine, in our sole discretion, that your Account is associated with a Prohibited Use.

Suspension

Mufi may suspend and restrict your access to any or all of the Services if: (a) we are so required by a facially valid subpoena, court order, or binding order of a government authority; (b) we reasonably suspect you of using your Account in connection with a Prohibited Use; (c) use of your Account is subject to any pending litigation, investigation, or government proceeding; (d) our service partners are unable to support your use; and (e) you take any action that Mufi deems as circumventing Mufi's controls.

Limited License

Unless otherwise indicated by Mufi, the Services and all content and other materials therein, including, without limitation, our logo and all other designs, text, graphics, pictures, information, data, software, sound files, other files made available within the Services and the selection and arrangement thereof, and any documentation or other ancillary material provided to you by or on behalf of Mufi (collectively, the "Mufi Content") are the proprietary property of Mufi or our licensors or users and are protected by U.S. and international intellectual property laws.

We hereby grant you a limited, nonexclusive, non-sublicensable license to access and use the Services and Mufi Content solely for the purpose accessing and using the Services as described under these Terms. You are not permitted to (a) sell, rent, lease, lend, redistribute, sublicense or make commercial use of the Services or the Mufi Content; (b) copy, reverse engineer, decompile, disassemble or attempt to discover the source code; (c) modify, alter or otherwise make any derivative uses; (d) remove, alter or obscure any copyright, trademark or other proprietary rights notice; (e) use any data mining, robots or similar data gathering methods; (f) download any portion except as expressly permitted; and (g) use the Services or Mufi Content other than for their intended purposes. Any unauthorized use is strictly prohibited and will terminate the license granted herein.

Trademarks

Mufi and other Mufi graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Mufi in the United States and in other countries. Our trademarks may not be used without prior written permission.

You hereby understand and agree that Mufi may charge certain fees for access to and use of certain Services provided pursuant to this Agreement and/or through the Mufi Sites. All fees will be disclosed at the time of any transaction or service request initiated by you. You agree to pay any applicable fees associated with your use of the Services.

Password Security

You are responsible for keeping the electronic device through which you access the Services safe and maintaining adequate security and control of any and all security details that you use to access the Services. This includes taking all reasonable steps to avoid the loss, theft or misuse of such electronic device and ensuring that such electronic device is both encrypted and password protected. Mufi assumes no responsibility for any loss that you may sustain due to compromise of account login credentials due to no fault of Mufi.

Loss or Compromise

Any loss or compromise of your electronic device or your security details may result in unauthorized access to your Account by third-parties. You must keep your security details safe at all times.

Security Breach

If you suspect that your Account or any of your security details have been compromised or if you become aware of any fraud or attempted fraud or any other security incident affecting you and/or Mufi (together a "Security Breach"), you must notify Mufi as soon as possible by e-mail at connect@mufi.app and continue to provide accurate and up to date information throughout the duration of the Security Breach.

Safety and Security of Your Computer and Devices

Mufi is not liable for any damage or interruptions caused by any computer viruses or other malicious code that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable virus screening and prevention software.

We reserve the right to suspend, restrict, or terminate your access to the Services at any time and for any reason including, but not limited to (a) violation of these Terms, (b) engagement in fraudulent or illegal activity or otherwise engaging in a Prohibited Use, or (c) requests from law enforcement or other legal or governmental authorities.

Contact Mufi

If you have feedback or general questions, please contact us via our user support team at connect@mufi.app.

Complaints

If you have a dispute with Mufi (a "Complaint"), you agree to contact Mufi through our support team to attempt to resolve any such dispute amicably. If we cannot resolve the dispute through the Mufi support team, you and Mufi agree to use the Arbitration process set forth below.

Arbitration

Any dispute, claim or controversy relating in any way to these Terms or your use of the Mufi Content, Mufi Sites or Service will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The validity, construction, and interpretation of these Terms will be governed by and construed in accordance with the laws of the State of Delaware in the United States, excluding its conflicts of laws principles.

You also agree to waive the right to a trial by jury or to participate in a class action. These waivers are mutual as between you and Mufi. This means that neither you nor Mufi can seek to assert class or representative claims against each other either in court or in arbitration.

The arbitration will be governed by the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA.

You expressly acknowledge and agree that your use of the Services, the Website, and Mufi Content is at your sole risk and that the entire risk as to satisfactory quality, performance, safety, accuracy and effort is with you. To the maximum extent permitted by applicable law, the Services and Mufi Content are provided on an "as is" and "as available" basis. Mufi disclaims any and all warranties and representations (express or implied, oral or written) with respect to the Services. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.

Except in jurisdictions where such provisions are restricted, in no event will Mufi or its directors, employees or agents be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use of the Mufi Sites or the Service.

Notwithstanding anything to the contrary contained herein, to the extent permitted by applicable law Mufi's liability to you for any cause whatsoever will at all times be limited to the amount paid, if any, by you to Mufi for the Service during the term of membership. In no case will Mufi's liability to you exceed $1,000.

You agree, at your sole expense, to defend, indemnify and hold us, our parent company and its subsidiaries, our merchants, financial institutions, our service providers and consultants, and our and their respective directors, employees and agents, harmless from and against any and all claims, damages, losses, costs and expenses caused by or arising out of: (i) your use of the Services, the Mufi Sites and/or Mufi Content; or (ii) your violation of these Terms or the rights of any third-party.

Assignment

You may not assign any rights and/or licenses granted under this Agreement. We reserve the right to assign our rights without restriction.

Force Majeure

Mufi will not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, significant market volatility, act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services, failure of equipment and/or software, or other catastrophe.

Governing Law; Venue

You agree that the laws of the State of Delaware, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and Mufi, except to the extent governed by federal law.

Links to Other Websites and Content

The Mufi Sites may contain links to other web sites ("Third Party Sites") and third party content. Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy by us, and we are not responsible for any Third Party Sites or Third Party Content.

No Waiver

The failure of Mufi to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

Severability

If any provision of these Terms shall be determined to be invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of these Terms shall not be affected.

Survival

The following provisions of these Terms will survive termination of your use or access to the Mufi Sites and/or your Account: the sections concerning Indemnification, Disclaimer of Warranties, Limitation of Liability, Waiver, and Dispute Resolution, and General Provisions, and any other provision that by its terms survives termination.

Terms of Service & Privacy Policy | Mufi Inc.