Terms and Conditions: Wallet

Last updated on [23/06/2022]

Please read these Terms of Service (these “Terms”) and our Privacy Policy
carefully because they govern your use of the websites located at
mynearwallet.com, app.mynearwallet.com, any associated website and APIs
(collectively, the “Site”), together with any applications, including
mobile applications, and the services accessible via the Site, including the
NEAR Wallet (as defined below) and the Apps (together with the Site
and Apps, the “Services”) offered by MyNearWallet LLC (the “Company”,
“we”, “our” or “us”). These Terms refer to any individual or entity using the
Services as “you” or “your”.

IMPORTANT NOTICE REGARDING ARBITRATION: THESE TERMS CONTAIN

ADDITIONAL PROVISIONS APPLICABLE ONLY TO YOU. WHEN YOU AGREE TO
THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO
RESOLVE ANY DISPUTE BETWEEN YOU AND MyNearWallet LLC THROUGH
BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE
REVIEW CAREFULLY SECTION 27 “HOW CAN WE RESOLVE DISPUTES?”
BELOW FOR DETAILS REGARDING ARBITRATION.
1. What is the scope of the Terms?

A. By accessing or using the Services, you agree that you have read,
understood, and accept all of the terms and conditions contained in
these Terms including the Cookie Policy and the Privacy Policy, as
each may be amended from time to time, which are hereby
incorporated herein by reference. If you do not agree with these
Terms, you must not access or use the Services.

B. From time to time, we may change these Terms. If we do this, then we

will publish those changes on the Site. It is important that you review
these Terms each time you use or access the Services. If you continue
to use or access the Services after we have posted updated Terms it
means that you accept and agree to the changes.and you will be
bound by those new terms the next time you use the Services. If you
do not agree to any changes, you must not use or access the Services.
Because the 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.

2. What do some of the capitalised terms mean in these Terms?

A. “NEAR Protocol” means the instantiation of the reference code at

http://github.com/nearprotocol/nearcore commonly referred to as the
“NEAR Protocol” including the associated decentralized, chronological
ledger commonly known as the “NEAR Blockchain”.

B. “Supported Digital Assets” means the digital asset commonly referred

to as NEAR and any other digital assets including, without limitation
NEP21 and other NEAR Protocol-based digital assets, that we may, in
our sole discretion, enable the NEAR Wallet to support.
C. “Supported Protocols” means the NEAR Protocol and any other
protocol that we may, in our sole discretion, enable the NEAR wallet to
support.

D. “NEAR Wallet” means a cryptographic storage solution available

through the Services that permits you to interface with the NEAR
Protocol (and any other protocols we may, in our sole discretion,
enable the NEAR Wallet to support) to send, receive, and/or store
Supported Digital Assets.

E. “NEAR Account” means an account on the NEAR Protocol which

corresponds to a public identifier (“Account ID”) on the NEAR Protocol.

F. “NEAR Access Key” refers to a cryptographic keypair associated with

a NEAR Account.

G. “NEAR Private Key” means a unique sequence of numbers and/or

letters required to interact with a NEAR Account.

H. “Credentials” means the valid username associated with a NEAR

Account, together with any associated account recovery mechanism
(e.g., 12 word seed phrase) and any other associated data securing the
associated NEAR Account.

I. “Force Majeure Event” means any event, circumstance or cause beyond

our reasonable control, which prevents, hinders or delays the provision
of the Services or makes their provision impossible or onerous,
including, without limitation: (a) acts of God, flood, storm, drought,
earthquake or other natural disaster; (b) epidemics or pandemics (for
the avoidance of doubt, including the 2020 Coronavirus Pandemic); (c)
terrorist attacks, hacking or cyber threats, civil commotion or riots,
war, threat of or preparation for war, armed conflict, imposition of
sanctions, embargo, or breaking off of diplomatic relations; or (d)
equipment or software malfunction or bugs including network splits or
forks or unexpected changes in Supported Protocols, as well as hacks,
phishing attacks, distributed denials of service or any other security
attacks.
3. What are the Services of the NEAR Wallet?

The Services, including the NEAR Wallet, do not send money. The NEAR Wallet is a
software platform that enables you to interface with the NEAR Protocol to:

A. facilitate the creation of NEAR Account(s) and ongoing interaction with

NEAR Account(s)on the NEAR Protocol through the Services; and

B. access services, content, features, products, applications, smart

contracts, or other functionality provided, owned or licensed by a third
party (“Third Party Applications”) designed to interoperate with the
Services.

4. What kind of wallet is the NEAR Wallet?

The NEAR Wallet is a non-custodial wallet for Supported Digital Assets. We do not
hold or control your Supported Digital Assets. NEAR Wallet is only an interface to
the NEAR Protocol (and any other Supported Protocols) and does not operate the
NEAR Protocol (or any other Supported Protocols). NEAR Wallet is unable to control
the actions of others on the NEAR Protocol. When using the NEAR Wallet, you are
interfacing with the NEAR Protocol. As such, you will not be able to reverse or cancel
a transaction once you have confirmed through the NEAR Wallet that you wish to
proceed with the transaction. Transactions on the NEAR Protocol are irreversible
and, as such, we cannot assist you to reverse or modify any transactions.

We do not, through the Services generally or the NEAR Wallet specifically, provide
any form of legal, financial, accounting, tax or other professional advice regarding
transactions and their suitability to you.

You acknowledge that using digital assets (including Supported Digital Assets), their
networks and protocols (including the Supported Protocols), involves serious risks.
While we have included several examples of the risks of digital assets below,
and we may alert you of additional risks from time to time, we have no responsibility
to alert you to all of the attendant risks. We have no control over, and make no
representations regarding, the value of the Supported Digital Assets, or the security
of the Supported Protocols. It is your duty to learn about all the risks involved with
the Supported Digital Assets, the Supported Protocols, and the NEAR Wallet.
Examples of these risks include, without limitation:

● The value of digital assets, including Supported Digital Assets, can change
rapidly, increase or decrease unexpectedly, and potentially even fall to zero.

● Transactions using digital assets, including Supported Digital Asset

transactions using the NEAR Wallet, may be delayed and may never
complete.

● If you send unsupported digital assets to your NEAR Wallet account, your
digital assets may be lost entirely and may not be recoverable.

● Transactions involving Supported Digital Assets, including transactions made

using the NEAR Wallet, are irreversible and if sent to the wrong account or
address, your Supported Digital Assets cannot be retrieved.

5. Are we responsible for the security of your Private Keys,

seed words or other credentials?

A. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE SECURITY OF

YOUR NEAR ACCOUNT, ANY ASSOCIATED CREDENTIALS INCLUDING
ANY NEAR ACCESS KEYS AND/OR NEAR PRIVATE KEYS. FAILURE TO
DO SO MAY RESULT IN THE LOSS OF CONTROL OF ANY SUPPORTED
DIGITAL ASSETS ASSOCIATED WITH YOUR NEAR ACCOUNT(S).

B. You are responsible for implementing all appropriate measures for

securing any NEAR Account you use, including any Credentials or and
any other data that can be used to access the NEAR Wallet or NEAR
Account.
 C. You acknowledge and agree that you are solely responsible for
evaluating and adopting security procedures to secure and recover
your NEAR Account and any Supported Digital Assets associated
therewith. As such, you agree that we shall not be liable for any failure
of any security procedures or any other acts or omissions which may
result in your loss of access to your NEAR Account or associated
Supported Virtual Assets.

D. The Company does not receive or store your Credentials (as defined
below). Therefore, we cannot assist you with the retrieval of
Credentials if you lose them. You are solely responsible for
remembering your Credentials. If you have not safely stored a backup
of any Credentials, you accept and acknowledge that any Supported
Digital Assets you have associated with your Account will become
inaccessible if you do not remember your Credentials.

6. Are you eligible to use the Services?

A. THE SERVICES ARE NOT AVAILABLE TO PERSONS UNDER THE AGE OF

13, or in certain jurisdictions, under 16 (“Minors”) and we do not
knowingly collect information from Minors. If you are between 13 (or
16 in certain jurisdictions) and 18, you must have permission from your
legal guardian before you are permitted to use the Services.

B. You must have the full right, power, and authority to enter into and
comply with these Terms on behalf of yourself and any company or
legal entity for which you may access or use the Services.
Furthermore, the Services are not available to any User previously
removed from the Services by us.

C. The Services are operated out of Saint Vincent and the Grenadines. The
Services may not be available or appropriate for use in other
jurisdictions. You must not use the Services if your use of them
would be illegal or otherwise violate any law you are subject to. We
are not liable for your compliance with such laws.
 D. You must not be, and will not be, located in any jurisdiction that is the
subject of an embargo by the United States, the United Kingdom, the
European Union or Switzerland and you are not listed on any list of
prohibited or restricted parties by those foregoing. By using the
Services, or any part thereof, you represent and warrant that: (i) you
are not a citizen, resident, or member of any jurisdiction or group that
is subject to economic sanctions by the United States, the United
Kingdom, the European Union or Switzerland or any other relevant
jurisdiction; and (ii) you do not appear on HMT Sanctions List, the U.S.
Treasury Department’s Office of Foreign Asset Control’s sanctions
lists, the U.S. commerce department's consolidated screening list, the
EU consolidated list of persons, groups or entities subject to EU
Financial Sanctions, nor do you act on behalf of a person sanctioned
thereunder.

E. You represent and warrant that any information you provide via the
Services is accurate and complete. You accept and acknowledge that
the Company is not responsible for any errors or omissions that you
make in connection with any transaction initiated via the Services, for
instance, if you mistype a recipient’s username or otherwise provide
incorrect information. You agree to review your transactions carefully
before completing them via the Services.

7. How do you access the services?

A. If you wish to access the Services, you must create a NEAR Account
through the Services. When you create a NEAR Account through the
Services, you must choose your username and select a recovery
method to secure your account to generate an account recovery
mechanism (e.g., 12-word seed phrase). You must retain your
Credentials to access your NEAR Account and Supported Digital
Assets through the Services. You are solely responsible for maintaining
the security of your NEAR Account including protecting your
Credentials and promptly notify us if you discover or otherwise
suspect any security breaches related to your Account. Further, you
will regularly use the backup functionality provided by the Services
 and safeguard your backup files as you would safeguard your most
important personal information. PLEASE NOTE, IF YOUR ACCOUNT
HAS BEEN COMPROMISED, YOUR SUPPORTED DIGITAL ASSETS MAY
BE GONE FOREVER EVEN IF YOU PROMPTLY NOTIFY US OF
DISCOVERED OR SUSPECTED SECURITY BREACH.

B. You hereby accept and acknowledge that you will take responsibility
for all activities that occur under your NEAR Account and accept all
risks of any authorized or unauthorized access to your NEAR Account,
to the maximum extent permitted by law.

C. We may, in our sole discretion, with or without prior notice and at any
time, suspend, modify or terminate, temporarily or permanently, all or
any portion of the Services, with or without reason, including, without
limitation, for any of the following reasons: (i) you create risk or
possible legal exposure for us; (ii) our provision of the Services, or any
part thereof, to you is no longer commercially viable; and (iii) if you
breach these Terms.

8. What licenses and access do we grant to you?

A. All intellectual property rights in the NEAR Wallet and the Services
throughout the world belong to us and/or our licensors and the rights
in the Services and the Services are only licensed to you. Nothing in
these terms gives you any rights in respect of any intellectual property
owned by us or our licensors and you acknowledge that you do not
acquire any ownership rights by accessing or using the Wallet, the
Services, or any portion thereof.

B. The Services may contain code, commonly referred to as open source

software, which is distributed under open source licence terms,
including terms which allow the free distribution and modification of
the relevant software’s source code and/or which require all
distributors to make such source code freely available upon request,
including any contributions or modifications made by such distributor
(“Open Source Software”). To the extent that the Services contain any
Open Source Software, that element only is
 licensed to you under the relevant licence terms of the applicable third
party licensor (“Open Source Licence Terms”) and not under these
Terms, and you accept and agree to be bound by such Open Source
Licence Terms.

9. What can you expect from the Services and can we make
changes to them?

A. Except as set out in these Terms, we do not warrant, represent or

guarantee that the Services will be accurate, complete, correct,
reliable integer, fit for purpose, secure or free from weaknesses,
vulnerabilities or bugs.

B. You understand and accept that you use the Services at your own
risk.

C. To the fullest extent permitted by law, we provide the Services to you

“as is” and “as available” without any warranty, representation or
assurance (whether express or implied) in relation to merchantability,
fitness for a particular purpose, availability, security, title or non-
infringement.

D. We reserve the right to change the format and features of the Services
by making any updates to Services or, where your device settings
permit it, by automatic delivery of updates.

E. We may cease to provide and/or update content to the Services, with

or without notice to you, if it improves the Services we provide to you,
or we need to do so for security, legal or any other reasons.

10. Do we have any fiduciary duties to you?

These Terms are not intended to, and do not, create or impose any fiduciary duties
on us. To the fullest extent permitted by law, you acknowledge and agree that we
owe no fiduciary duties or liabilities to you or any other party, and that to
the extent any such duties or liabilities may exist at law or in equity, those duties
and liabilities are hereby irrevocably disclaimed, waived, and eliminated. You further
agree that the only duties and obligations that we owe you are those set out
expressly in these Terms.

11. What about third-party risk and the terms of third party
providers?

A. We do not own or control the NEAR Protocol or any other Supported

Protocol. The NEAR Protocol, along with any other Supported Protocol,
may be subject to changes (e.g., forks) and such changes may
materially impact the function, value, or name of Supported Digital
Assets. You acknowledge and agree that: (i) we are not responsible
for the operation of any Supported Protocol and we make no
guarantee of their functionality, security or availability; and (ii) we may
temporarily or permanently discontinue support of any Supported
Protocol or Supported Digital Asset.

B. The Services rely in part on third party and open-source software,

including the NEAR Protocol and any other Supported Protocols, and
the continued development and support by third parties. There is no
assurance or guarantee that those third parties will maintain their
support of their software or that open source software will continue to
be maintained. This may have a material adverse effect on the
Services.

C. In connection with your use of the Services, you may be offered or

made aware of services, content, features, products, Third Party
Applications, offers and promotions providers by third parties
(collectively, “Third Party Services”). Our inclusion or promotion of
Third Party Services does not reflect a sponsorship, endorsement,
approval, or verification by us. Your use, access, and exchange of data
with any Third Party Services is at your own risk and subject to terms
and conditions between you and the provider of the Third Party
Services. We do not warrant any Third Party Services in any way.
12. Can your Data Privacy be ensured?

A. The Services are built to utilize the NEAR Protocol. Accordingly, by

design, and practically, the records cannot be changed or deleted and
are said to be ‘immutable.’ This may affect your ability to exercise your
rights such as your right to erasure (‘right to be forgotten’), or your
rights to object or restrict processing of your personal data. Data on
the NEAR Protocol cannot be erased and cannot be changed.

B. In order to comply with some of our contractual obligations to you, it

will be necessary to write certain personal data, such as your NEAR
Account, onto the NEAR Protocol.

C. The ultimate decisions to (i) transact on the NEAR Protocol using your
NEAR Account, as well as (ii) share the public key relating to your NEAR
Account address with anyone (including us) rests with you.

D. When using the NEAR Wallet, we may collect and process personal
data, including your NEAR Account and any associated information,
Transactions made with the NEAR Wallet, balances of Supported
Digital Assets are stored within the NEAR Wallet.

E. IF YOU WANT TO ENSURE YOUR PRIVACY RIGHTS ARE FULLY

AVAILABLE, YOU SHOULD NOT TRANSACT ON THE NEAR
PROTOCOL AS CERTAIN RIGHTS WILL NOT BE FULLY AVAILABLE
OR EXERCISABLE BY YOU OR US.

F. For more information please also refer to our Privacy Policy.

13. What do you agree, warrant and represent?

You agree not to do any of the following:

A. Use, display, mirror or frame the Services or any individual element
within the Services, the Company’s name, any Company trademark,
logo or other proprietary information, or the layout and design of any
page or form contained on a page, without Company’s express written
consent;

B. Access, tamper with, or use non-public areas of the Services,

Company’s computer systems, or the technical delivery systems of
Company’s providers;

C. Attempt to probe, scan or test the vulnerability of the Services, or any

Company system or network or breach any security or authentication
measures;

D. Avoid, bypass, remove, deactivate, impair, descramble or otherwise

circumvent any technological measure implemented by Company or
any of Company’s providers or any other third party (including another
user) to protect the Services;

E. Attempt to access or search the Services or download any information

from the Services, through the use of any engine, software, tool, agent,
device or mechanism (including spiders, robots, crawlers, data mining
tools or the like) other than the software and/or search agents
provided by Company or available through the Services;

F. Use or access the Services for the purpose of sending any unsolicited
or unauthorized advertising, promotional materials, email, junk mail,
spam, chain letters or other form of solicitation;

G. Use any meta tags or other hidden text or metadata utilizing a

Company trademark, logo URL or product name without Company’s
express written consent;

H. Use the Services, or any portion thereof, for any commercial purpose
or for the benefit of any third party or in any manner not permitted by
these Terms;

I. Forge any TCP/IP packet header or any part of the header information
in any email or newsgroup posting, or in any way use the
 Services to send altered, deceptive or false source-identifying
information;

J. Attempt to decipher, decompile, disassemble or reverse engineer any

of the software used to provide the Services;

K. 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;

L. Collect or store any personally identifiable information from the

Services from other users of the Services without their express
permission;

M. Impersonate or misrepresent your affiliation with any person or entity;

N. Use the Services for activities that are unlawful or fraudulent or have
such purpose or effect or otherwise support any activities that breach
applicable local, national or international law or regulations;

O. Use the Services to store, trade or transmit Supported Digital Assets

that are proceeds of criminal or fraudulent activity.

P. Use the Services for activities that are unlawful or fraudulent or have
such purpose or effect or otherwise support any activities that breach
applicable local, national or international law or regulations;

Q. Use the Services or interact with the Services in a manner that violates
any law or regulation, including, without limitation, any applicable
export control laws; or

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

Although we are not obligated to monitor access to or use of the Services, we have
the right to do so for the purpose of operating the Services, to ensure compliance
with these Terms and to comply with applicable law or other legal requirements. We
have the right to investigate violations of these Terms or conduct that affects the
Services. We may also consult and cooperate with law enforcement authorities to
prosecute users who violate the law.
14. What if you breach these Terms or we incur damages
in connection with your use of the Services?

A. You will indemnify and hold the Company and its officers, directors,
employees and agents, harmless 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 (a) your
access to or use of the Services, or (b) your violation of these
Terms.

B. You agree that you will be liable for any losses sustained by us as a
result of your breach of these Terms and will compensate us in full
for any such losses.

C. We reserve the right, at our own expense, to assume the exclusive

defense and control of any matter otherwise subject to
indemnification by you pursuant to paragraph 1 of this sectionand, in
such case, you agree to cooperate with us in the defence of such
matter.

D. The indemnity set out in this clause is in addition to, and not in lieu
of, any other remedies that may be available to us under applicable
law.

15. What about our liability to you?

A. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER THE

COMPANY NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING,
PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR
ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL
DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES,
LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR
GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR
SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY
 KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR
FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER
BASED ON WARRANTY, CONTRACT, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY,
AND WHETHER OR NOT CLIENT OR ITS SERVICE PROVIDERS HAS
BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A
LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF
ITS ESSENTIAL PURPOSE.

B. TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE

APPLICABLE JURISDICTION, IN NO EVENT WILL CLIENT’S TOTAL
LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS
OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED
THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO CLIENT
FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF
YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO CLIENT, AS
APPLICABLE.

C. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH

ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE
BARGAIN BETWEEN THE COMPANY AND YOU.

16. What about viruses, bugs and security vulnerabilities?

A. We do not guarantee that the Services will be secure or free from

bugs, security vulnerabilities or viruses.

B. You are responsible for configuring your information technology and

computer programmes to access the Services and to use your own
virus protection software.

C. If you become aware of any exploits, bugs or vulnerabilities, please let

us know at: info@mynearwallet.com.

D. You must not misuse the Services by knowingly introducing material

that is malicious or technologically harmful. If you do, your right to use
the Services will cease immediately.
17. Can you link to our Interfaces?

A. You may link to our Interfaces, provided you do so in a way that is fair
and legal and does not damage our reputation. You must not establish
a link in such a way as to suggest any form of association, approval or
endorsement on our part where none exists. You must not establish a
link to the Services in any application that is not owned by or licensed
to you.

B. Our Interface must not be framed on any other graphical user interface,
nor may you create a link to any part of our graphical user interface
other than the home page https://mynearwallet.com/. We reserve the
right to withdraw linking permission without notice.

C. The graphical user interface or application in which you are linking must
comply in all respects with the content standards set out in these
Terms. If you wish to link to or make any use of content on our Interface
other than that set out above, please contact:
info@mynearwallet.com.

18. What if an event outside our control happens that affects the
Services?

We may update and change the Services from time to time. We may suspend or
withdraw or restrict the availability of all or any part of the Services for business,
operational or regulatory reasons or because of a Force Majeure Event at no notice.

We shall not be liable or responsible to you, or be deemed to have defaulted under

or breached these Terms, for any failure or delay in the provision of the Services or
the performance of these Terms, if and to the extent such failure or delay is caused
by or results from or is connected to acts beyond our reasonable control, including
the occurrence of a Force Majeure Event.
19. Who is responsible for your tax liabilities?

You are solely responsible for determining and paying any taxes, levies or similar
governmental assessments of any nature (collectively, “Taxes”) associated with
your use of the Services. By using the Services, you agree not to hold us liable for
any tax liability associated with or arising from your access or use of the Services
or any other action or transaction related thereto.

20. What if part of these Terms are determined to be invalid?

If any provision of these Terms is held invalid or unenforceable by an arbitrator or 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.

21. What if we do not enforce certain rights under these Terms?

The Company’s 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 the Company. 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.

22. Do third parties have rights?

Unless it expressly states otherwise, these Terms do not give rise to any third
party rights, which may be enforced against us.
23. Can these Terms be assigned?

You may not assign or transfer these Terms, by operation of law or otherwise,
without the Company’s prior written consent. Any attempt by you to assign or
transfer these Terms, without such consent, will be null. The Company may freely
assign or transfer these Terms without restriction. Subject to the foregoing, these
Terms will bind and inure to the benefit of the parties, their successors and
permitted assigns.

24. Which clauses of these Terms survive termination?

Upon cancellation, suspension, or termination of the Services, the provisions that

by their nature are intended to survive termination will survive including, without
limitation, the following sections: 1, 2, 5, paragraph 3 of section 7, 9-15, and 18-28.

25. Which laws apply to these Terms?

These Terms shall be governed by and construed in accordance with the laws of
Saint Vincent and the Grenadines.

26. How can you get support for the NEAR Wallet and tell us
about any problems?

If you want to learn more about the NEAR Wallet or the Services or have any
problems using them or have any complaints, please get in touch with us via any
of the following channels:

● Email: info@mynearwallet.com
27. How can we resolve disputes?

A. In the event of a dispute between the parties concerning any matter

arising from or concerned with these Terms, the parties shall use
reasonable efforts to settle the dispute through negotiations
conducted in good faith between the parties.

B. Any dispute, controversy or claim arising out of or relating to these

Terms, or the breach, termination or invalidity thereof, shall be settled
by arbitration in accordance with the Arbitration legislation of Saint
Vincent and the Grenadines. The number of arbitrators shall be one.
The place of arbitration shall be First Floor, First St Vincent Bank Ltd
Building James Street, Kingstown, St. Vincent and the Grenadines
unless the Parties agree otherwise. The language to be used in the
arbitral proceedings shall be English.

28. If you are from the U.S.

A. You must be 18 (eighteen) years or older to access and use the

Services. If you are under 18 (eighteen) years of age, you are not
permitted to access and use the Services. Otherwise you may access
to, and use of the Services only with the involvement of a parent or
guardian. Due to the age restrictions for access and use of the
Services, no information obtained within the Services Provision falls
within The Children's Online Privacy Protection Act (“COPPA”) and is
not monitored as doing so. In any event, you shall not access and use
the Services, if you are under the age of 13 (thirteen). The COPPA
requires us to obtain parental consent before we knowingly collect
personally identifiable information online from children who are under
the age of 13 (thirteen). We do not knowingly collect or solicit
personally identifiable information from a child under the age of 13
(thirteen) without obtaining verifiable consent from that child's parent
or guardian (“Parental Consent”), except for the limited amount of
personally identifiable information we need to collect in order to obtain
Parental Consent (“Required Information”). Until we have received
Parental Consent, we will only use Required Information for the
purpose of obtaining Parental Consent.
 B. We obtain Parental Consent using methods that are approved under
the COPPA. For example, we may obtain Parental Consent by asking
a child's parent or guardian to sign a consent form that we provide on
the Infrastructure and to send it back to us via fax, mail, or electronic
scan.

C. If you are a child under 13 (thirteen), please do not attempt to send

any personal information about yourself to us before we obtain
Parental Consent, except for the Required Information in the context
of the Parental Consent process. If you believe that a child under 13
(thirteen) has provided us with personal information (beyond the
Required Information) without our obtaining Parental Consent, please
contact us at: info@mynearwallet.com.

29. Is this all?

A. MyNearWallet LLC and its licensors exclusively own all right, title and
interest in and to the Services, including all associated intellectual property
rights. You acknowledge that the Services are protected by copyright,
trademark, and other laws of the United States and foreign countries. You
agree not to remove, alter or obscure any copyright, trademark, service
mark or other proprietary rights notices incorporated in or accompanying the
Services.

B. These Terms constitute the entire and exclusive understanding and

agreement between you and us regarding the Services, and these Terms
supersede and replace all prior oral or written understandings or agreements
between you and us regarding the Services.

C. Any notices or other communications provided by MyNearWallet LLC

under these Terms will be given: (i) via email; or (ii) by posting to the
Services. For notices made by email, the date of receipt will be deemed the
date on which such notice is transmitted.

D. If you have any questions about these Terms or the Services, please
contact the Company at:
MyNearWallet LLC

Р.О. Вох 1574, Кingstown, VC0 100, St. Vincent and the Grenadines