Terms of Service
Last updated: December 19, 2024
IMPORTANT LEGAL NOTICE
BY USING SHARDIUM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THIS SERVICE. THIS IS A BINDING LEGAL AGREEMENT.
1. ACCEPTANCE OF TERMS
1.1. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Shardium ("Company," "we," "us," or "our").
1.2. By accessing or using Shardium's services, website, or software (collectively, the "Service"), you agree to be bound by these Terms, our Privacy Policy, and all applicable laws and regulations.
1.3. We reserve the right to modify these Terms at any time. Continued use of the Service after any modifications constitutes acceptance of the revised Terms.
1.4. You represent and warrant that you are at least 18 years of age and have the legal capacity to enter into this agreement.
2. SERVICE DESCRIPTION
2.1. Shardium provides a cryptographic secret sharing service using Shamir's Secret Sharing algorithm to split seed phrases into multiple shards.
2.2. The Service includes a "dead man's switch" mechanism that may automatically transmit shard information to designated beneficiaries after a period of user inactivity.
2.3. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
3. LIMITATION OF LIABILITY — CRITICAL
3.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHARDIUM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
- Loss of cryptocurrency, digital assets, or funds of any kind
- Loss of access to wallets, accounts, or seed phrases
- Unauthorized access to your assets by third parties
- Failure of the dead man's switch to trigger or triggering prematurely
- Email delivery failures or delays
- Data breaches, hacks, or security incidents
- Service interruptions, downtime, or discontinuation
- Loss of profits, revenue, data, or business opportunities
3.2. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU HAVE PAID TO US IN SUBSCRIPTION FEES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.
3.3. If you are using the free, self-hosted version of Shardium, our maximum liability shall be ZERO ($0.00).
3.4. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SHARDIUM SHALL HAVE NO LIABILITY WHATSOEVER FOR THE LOSS OF CRYPTOCURRENCY OR DIGITAL ASSETS, REGARDLESS OF THE VALUE THEREOF.
4. DISCLAIMER OF WARRANTIES
4.1. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
4.2. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
- Implied warranties of merchantability and fitness for a particular purpose
- Warranties of title and non-infringement
- Warranties that the Service will be uninterrupted, error-free, or secure
- Warranties regarding the accuracy, reliability, or completeness of information
4.3. We do not guarantee that the cryptographic algorithms used will remain secure indefinitely.
4.4. We make no representations regarding the tax, legal, or regulatory implications of using this Service.
5. USER RESPONSIBILITIES AND ACKNOWLEDGMENTS
5.1. You acknowledge that:
- You are solely responsible for the security of your seed phrases, shards, and digital assets
- You understand the risks associated with cryptocurrency and self-custody
- You have independently verified the shard splitting and recovery process works correctly
- You are responsible for keeping your email address current and checking emails regularly
- You are responsible for maintaining access to your heartbeat confirmation links
- You accept all risks associated with designating a beneficiary
5.2. You agree to maintain at least one alternative backup of your seed phrase independent of this Service.
5.3. You acknowledge that failure to respond to heartbeat checks may result in irreversible transmission of your shard to your designated beneficiary.
6. INDEMNIFICATION
6.1. You agree to defend, indemnify, and hold harmless Shardium, its officers, directors, employees, agents, licensors, and suppliers from and against any claims, actions, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from:
- Your use of the Service
- Your violation of these Terms
- Your violation of any rights of any third party
- Any claim by your beneficiary or heirs related to the Service
- Any disputes regarding ownership of digital assets
7. ASSUMPTION OF RISK
7.1. YOU EXPRESSLY ACKNOWLEDGE AND ASSUME ALL RISKS ASSOCIATED WITH:
- The volatility and potential total loss of cryptocurrency assets
- Technological failures, including but not limited to software bugs, hardware failures, and network issues
- Regulatory actions that may affect cryptocurrency ownership or transfer
- The possibility that cryptographic methods may become compromised in the future
- Human error in the shard distribution or recovery process
- The potential insolvency or discontinuation of Shardium
8. SERVICE MODIFICATIONS AND TERMINATION
8.1. We reserve the right to modify, suspend, or discontinue the Service at any time, with or without notice.
8.2. We may terminate your access to the Service at our sole discretion if we believe you have violated these Terms.
8.3. Upon termination, you remain responsible for retrieving your shard data before access is revoked.
8.4. We will make reasonable efforts to provide 30 days notice before discontinuing the Service, but this is not guaranteed.
9. INTELLECTUAL PROPERTY
9.1. The Shardium name, logo, and brand are proprietary to us.
9.2. The open-source code is provided under the MIT License, but this license does not extend to our trademarks or brand assets.
10. GOVERNING LAW AND DISPUTE RESOLUTION
10.1. These Terms shall be governed by and construed in accordance with the laws of Argentina, without regard to its conflict of laws principles.
10.2. Any dispute arising from these Terms shall be resolved through binding arbitration.
10.3. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTION LAWSUITS OR CLASS-WIDE ARBITRATION.
10.4. The prevailing party in any dispute shall be entitled to recover reasonable attorneys' fees and costs.
11. MISCELLANEOUS
11.1. Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
11.2. Entire Agreement: These Terms constitute the entire agreement between you and Shardium regarding the Service.
11.3. No Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
11.4. Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.
11.5. Force Majeure: We shall not be liable for any failure or delay due to circumstances beyond our reasonable control.
12. NO FINANCIAL OR LEGAL ADVICE
12.1. Shardium does not provide financial, investment, tax, or legal advice.
12.2. You should consult with qualified professionals before making decisions regarding cryptocurrency inheritance or estate planning.
12.3. We make no representations regarding the legal validity of using this Service as part of an estate plan.
13. CONTACT INFORMATION
For questions about these Terms, please contact:
legal@shardium.com
By creating a vault or using Shardium's services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
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