Terms of Service
Last Updated May 24, 2022
MobileCoin Inc. (“MobileCoin” or “we” or “us” or “our”) makes software services available to users via a mobile device or desktop application (collectively, the “MobileCoin app” or “App”). The MobileCoin app is designed to (i) enable holders of digital tokens known as MOB to self-custody MOB and other tokens that may come to exist on our blockchain; (ii) send and receive peer-to-peer payments of MobileCoin securely and privately through such App; and (iii) enable additional functionality as we may add to the App from time to time. We also offer a service by the name of Mobot. Mobot is a series of automated chatbots that interact with users on messaging platforms. Mobot interacts with users to provide various functionality, including, but not limited to facilitating (i) MOB airdrops and other giveaways, (ii) product purchases and (ii) our image-generating bot. Any and all information, function, or service available or enabled by MobileCoin or the App and/or Mobot are collectively referred to as the “Service(s)”. These Terms of Service (the “Terms”) describe the terms that govern your use of and access to all versions of the App and the Services. These terms and additional information about the Services can be found on our website located at https://www.mobilecoin.com (the “Site”).
THESE TERMS OF SERVICE INCLUDE AN ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER.
Agreement to Terms
By clicking “I Agree” or by accessing the MobileCoin app or using any or all of the Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, you may not access or use the Services. If you are using the Service on behalf of a business or entity, you acknowledge and agree that you have authority to bind such business or entity and that such business or entity accepts these terms. Please read these Terms carefully before you start to use the MobileCoin app or Services.
Changes to Terms of Services
These Terms may be amended, changed, or updated by us at our sole discretion at any time and without prior notice to you by posting at https://www.mobilecoin.com or by providing you a notice through the App, or through other methods of communication which we deem reasonable. The modified Terms will be effective at the time they are posted on the Site or otherwise distributed to you as set forth herein. Your continued use of the Services following the posting of any amendment, change, or update means that you accept and agree to the amended, changed, or updated Terms.
Access or use of any Service is void where such access, use or transfer is prohibited by, would constitute a violation of, or would be subject to penalties under applicable laws. Such access or use of the Service which is void will not be the basis for the assertion or recognition of any interest, right, remedy, power, or privilege.
You are eligible to use the Services if you are 18 years or older and are not barred from using the Services under applicable law, including without limitation, anti-money laundering laws, counter-terrorist financing laws, anti-corruption laws, and economic sanctions laws.
Registration With the App
When you create your individual MobileCoin app we will assign you a private key that you can use to access MOB or other tokens stored within our blockchain (collectively, the “Tokens”). Access thereto is facilitated through the App. The private key will be delivered to you via the App in the form of a twenty-four word mnemonic phrase (the “Mnemonic Phrase”). You will also be required to enter a pin that you select to access the App.
You are solely responsible for the retention and security of your Mnemonic Phrase and pin. Your Mnemonic Phrase and pin are the only way to access the Token associated with your App. It is important to remember that anyone that has access to your Mnemonic Phrase can access your App. If you lose your Mnemonic Phrase, you will not be able to access the Tokens stored in your App. You acknowledge that we do not store and are not responsible in any way for the security of your Mnemonic Phrase and/or Pin. We are not liable in any way for any damages or loss that may arise in the event you lose your Mnemonic Phrase and/or Pin and cannot access the Tokens stored in your App.
You may submit feedback or comments about the Services. Submitting feedback is voluntary, and we will be free to use such feedback as we see fit and without any obligation to you. You can submit Feedback by contacting us at [email protected].
The App, Site and Services are proprietary to us and our licensors and must not be used other than strictly in accordance with these Terms.
We grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to use the App and the Site for purposes of accessing and using the Services, as authorized in these Terms.
We may charge fees for some or part of the Services we make available to you. We reserve the right to change those fees at our discretion with notice. We will disclose the amount of fees we will charge you for the applicable Service at the time that you access the Service.
You may also incur charges from third parties for use of linked services. You may also be charged fees by MobileCoin Inc.
Access to and use of the Services may from time to time be unavailable, delayed, limited or slowed due to failures of hardware, software, utility services or causes outside of our control. You may suffer Losses as a result of these delays and limitations and you assume all risks associated with the operation, performance and security of Services. You accept all consequences of sending MOB via the App. MOB transactions are not reversible or refundable. Once you send MOB to an address, whether intentionally or by a fraudulent or accidental transaction, you accept the risk that you may lose access to, and any claim on, those MOB indefinitely or permanently.
Third Party Services
The Services may contain links to third-party services (“Third Party Services”). In addition to these Terms, you may be bound by any additional terms required by your third-party service providers in their provision of such Third Party Services. Please be aware that these Terms do not govern third parties’ relationships with you. These third parties, and not MobileCoin or any of our affiliates, are responsible for any product or service warranties, whether express or implied by law, provided to you. We make no warranties or representations, express or implied, about such linked 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, or resources.
When using Third Party Services, you understand that you are at no time transferring your assets to us. We provide access to Third Party Services only as a convenience, do not have control over their content, do not warrant or endorse, and are not responsible for the availability or legitimacy of, the content, products or services on or accessible from those Third Party Services (including any related websites, resources or links displayed therein). We make no warranties or representations, express or implied, about such linked 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, or resources.
Prohibited Uses of the Services
You may not:
- use or access a Service for any illegal purposes;
- use or access a Service in order to disguise the origin or nature of illicit proceeds of, or to further, any breach of applicable laws, or to transact or deal in any contraband funds, property, or proceeds;
- use or access a Service if such conduct is prohibited, penalized, or otherwise sanctionable under any applicable laws, including without limitation anti-money laundering laws, counter-terrorist financing laws, anti-corruption laws, and economic sanctions laws or would expose us or our affiliates to liability under any applicable laws;
- use or access a Service or any third party services to facilitate, approve, evade, avoid, or circumvent any applicable laws, including anti-money laundering laws, counterterrorist financing laws, anti-corruption laws, and economic sanctions laws;
- Use the Service to receive or transfer MOB with any individual or entity prohibited from using, transacting, transferring, trading, or receiving MOB by these Terms or applicable laws;
- use or access a Service to evade taxes under applicable laws;
- use or access a Service to interfere with or subvert our rights or obligations or the rights or obligations of any other individual or entity;
- use or access a Service by using misleading or inaccurate information or to take advantage of any technical glitch, malfunction, failure, delay, default, or security breach;
- use or access a Service to engage in conduct that is detrimental to us or to any other individual or entity;
- violate, misappropriate, or infringe the rights of MobileCoin , our users, or others, including privacy, publicity, intellectual property, or other proprietary rights;
- bypass, remove, deactivate, impair or otherwise circumvent any technological measure implemented by us or any of our service providers or any other third party (including another user) to protect the Services;
- disguise your location through IP proxying or other methods;
- cause injury to, or attempt to harm, us or any other individual or entity through your access to or use of any Service; or
- violate, promote, or cause a violation of, or conspire or attempt to violate these Terms or applicable laws and regulations or encourage any individual or entity to do any of the foregoing.
You agree to comply with all applicable sanctions and export control laws. Without limiting the foregoing, you may not download the App or use the Services if (1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Syria, or the Crimea region, or any other country subject to United States embargo (“Restricted Country”); (2) you are a person subject to restrictive measures under the U.S. Treasury Department’s Specially Designed Nationals and Blocked Persons List (“SDN List”) or Sectorial Sanctions Identifications List (“SSI List”), the U.S. Commerce Department’s Denied Persons List of persons subject to asset freezing measures, the EU Consolidated List, or similar list published by other relevant jurisdictions (“Restricted Person”); or (3) you intend to supply any Services to a Restricted Country or a Restricted Person.
The App, Site and Services are protected by copyright, trademark, patent, and other laws of the United States and other countries. We own all rights, title, interest in and to the App, Site and Services and all copies of the App, Site and Services. The MobileCoin name and logo are protected trademarks. You agree not to copy, modify, display, or use these trademarks without written permission from us. All rights not expressly granted to you in these Terms are reserved.
You agree that we may, in our sole and absolute discretion, at any time and for any reason and without notice or liability to you or any third party, cease providing any or all of the App, Site, or Services. You may terminate your access to the App and Service by signing out of and/or deleting the App or deleting or stopping communications with Mobot, as applicable. Upon any termination, discontinuation or cancellation of Services or your App, (i) all rights and/or licenses granted to you under these Terms shall immediately cease and terminate and you shall immediately cease to use and/or access of the App, Site and Services in any way whatsoever; and (ii) notwithstanding the foregoing, the following provisions will survive: Feedback, Ownership, Intellectual Property, Termination, Indemnity, Limitation of Liability, No Representation or Advice, Governing Law, Resolution of Disputes and Arbitration Agreement, and Waiver of Class or Consolidated Actions.
No Representations or Advice by MobileCoin Inc. or its Affiliates
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES, the App and the Site IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. We make no warranties, or guarantees to you of any kind and, to the maximum extent permitted by applicable laws, we expressly disclaim all representations, warranties, covenants or guarantees, express, implied or statutory, with respect to any Service. The Services are distributed and offered strictly on an “as-is” and “as-available” basis, and, without limiting the generality of the foregoing, we specifically disclaim and the App, Site and Services are distributed and offered without any representation or warranties as to title, merchantability, fitness for any particular purpose, and/or non-infringement.
WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SERVICES OR ANY OF THE MATERIALS CONTAINED THEREIN WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE.
YOU SHOULD ALWAYS BACKUP YOUR MNEMONIC PHRASE AND PIN VIA SECONDARY MEANS. You are responsible for the security of the device on which the App is installed. We cannot recover your Mnemonic Phrase or pin or otherwise unlock the App that is stored on your device in any circumstances, including if the App is compromised by malware on your device.
You agree to indemnify and hold harmless MobileCoin and its officers, directors, employees and agents, Associates and affiliates (each, an “Indemnified Party”), from and against any claims, disputes, actions, demands, liabilities, damages, losses, costs, fines and expenses, including, without limitation, attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from (i) your access to or use of the Services, (ii) your misuse of the Services, (iii) your violation of any applicable laws, rules or regulations through or related to the use of the Services or (iv) your breach or violation of these Terms or any representation, warranty or covenant in these Terms.
In these Terms, Associates means the successors, assignees and affiliates of MobileCoin and their respective shareholders, directors, officers, affiliates, employees, contractors, agents, partners, insurers, attorneys, and any licensors of technology to MobileCoin and its affiliates.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF MOBILECOIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RESULTING FROM OR RELATED TO THESE TERMS OR THE SERVICES, INCLUDING THOSE THAT ARISE OUT OF, RESULT FROM OR ARE RELATED TO (i) THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE APP, SITE OR SERVICE; (ii) THE PURCHASE, HOLDING AND/OR USE OF MOB OR OTHER TOKENS; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (iv) HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS TO OR ALTERATIONS OF THE SERVICES, YOUR TRANSMISSIONS OR YOUR DATA.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE HUNDRED U.S. DOLLARS ($USD100.00) OR ITS EQUIVALENT IN THE LOCAL CURRENCY OF THE APPLICABLE JURISDICTION OR THE AMOUNT YOU HAVE PAID US IN THE PAST 12 MONTHS, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
In these Terms, Losses means any claim, application, loss, injury, delay, accident, cost, business interruption costs, or any other expenses (including attorneys’ fees or the costs of any claim or suit), including any incidental, direct, indirect, general, special, punitive, exemplary, or consequential damages, loss of goodwill or business profits, work stoppage, data loss, computer failure or malfunction, or any and all other commercial losses.
You agree and consent to receive electronically all communications, agreements, receipts and disclosures that we may provide in connection with these Terms. Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given by posting to the Services or Site and/or through other electronic communication.
These Terms constitute the entire and exclusive understanding and agreement between MobileCoin and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between MobileCoin and you regarding the Services. Any right or remedy of MobileCoin set forth in these Terms is in addition to, and not in lieu of, any other right or remedy whether described in these Terms, at law or in equity. MobileCoin’s failure or delay in exercising any right, power, or privilege under these Terms will not operate as a waiver thereof. If any portion of these Terms is found to be invalid or unenforceable for any reason, the invalid or unenforceable provision shall be severed from these Terms. Severance of invalid or unenforceable provisions of any of these Terms will not affect the validity or enforceability of any other of these Terms, all of which will remain in full force and effect. MobileCoin will have no responsibility or liability for any failure or delay in performance, or any loss or damage that you may incur, due to any force majeure or circumstance or event beyond its control. You may not assign or transfer any of your rights or obligations under these Terms, without MobileCoin’s prior written consent, including by operation of law or in connection with any change of control, and any such assignment or transfer by you without MobileCoin’s prior written consent shall be null and void and of no effect. MobileCoin may assign or transfer any or all of its rights or obligations under these Terms, without notice or your consent. If there is a conflict between these Terms and any other agreement with MobileCoin, these Terms will control unless the other agreement specifically identifies these Terms and declares that the other agreement supersedes these Terms. These Terms do not create any third-party beneficiary rights in any person, save that MobileCoin or any of its respective Associates may rely on these Terms in any action, suit, proceeding or other dispute brought against it by you, to exercise any right or to benefit from any limitation expressly provided to it hereunder and to enforce such provisions of these Terms as if party hereto.
Governing Law, Resolution of Disputes, and Arbitration Agreement
Any dispute, claim, controversy or action arising out of or related to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, (b) the Services, or (c) your MobileCoin app (collectively, “Disputes”) will be governed by the laws of the state of California in the United States, without regard to its conflict of laws provisions. If you are a user located in the United States or Canada, the terms in the arbitration section below apply to you. This provision expressly applies to any claim, whether in tort, contract or otherwise, between us.
All Disputes between you and us shall be resolved by binding arbitration, rather than in court. This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the effective date of these Terms. Cases may have been filed against MobileCoin—and others may be filed in the future—that attempt to assert class action claims, and by accepting this Arbitration Agreement you elect not to participate in such cases.
This Arbitration Agreement is governed by the Federal Arbitration Act (“FAA”) in all respects. If for whatever reason the FAA cannot apply, the state law governing arbitration agreements in the state in which you reside shall apply.
The arbitration will be administered by the American Arbitration Association (“AAA”). Except as modified by this section, the AAA will administer the arbitration in accordance with its Commercial Arbitration Rules then in effect. The AAA rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879.
Arbitration demands filed with AAA must include (1) the name, telephone number, mailing address, and e-mail address of the party seeking arbitration; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy, enumerated in United States Dollars (any request for injunctive relief or attorneys’ fees shall not count toward the calculation of the amount in controversy unless such injunctive relief seeks the payment of money); and (4) the signature of the party seeking arbitration. Payment of all filing, administration, and arbitration fees will be governed by AAA’s rules. If the arbitrator finds that you cannot afford to pay AAA’s filing, administrative, hearing and/or other fees and cannot obtain a waiver of fees from AAA, MobileCoin will pay them for you.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. All disputes regarding the payment of arbitrator or arbitration-organization fees including the timing of such payments and remedies for nonpayment, shall be determined exclusively by an arbitrator, and not by any court. Either party may make an offer for judgment and the arbitrator shall apply Federal Rule of Civil Procedure 68 to such an offer of judgment.
If your claim does not exceed $2,500, then the arbitration will be conducted solely on the basis of documents you and MobileCoin submit to the arbitrator, unless the arbitrator finds there is substantial justification and good cause for discovery. For all arbitrations, the arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award, on an individual basis, monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms (including this Arbitration Agreement). The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The award shall be binding only among the parties and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator’s decision is final and binding on you and MobileCoin. The parties agree that all of the arbitration proceedings, including any discovery, hearings, and rulings, shall be confidential to the fullest extent permitted by law.
YOU AND MOBILECOIN WAIVE ANY RIGHT TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and MobileCoin instead elect to have claims and disputes resolved by arbitration. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
Waiver of Class or Consolidated Actions
YOU AND MOBILECOIN AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor MobileCoin is entitled to arbitration of such claim or dispute. Instead, all such claims and disputes will then be resolved in a court. This provision does not prevent you or MobileCoin from participating in a class-wide settlement of claims.
You and MobileCoin also waive the right to bring any claims for public injunctive relief. To the extent applicable law prevents the parties from waiving a claim for public injunctive relief, that claim must be heard in court, after the conclusion of any arbitration.
This Arbitration Agreement will survive any termination of your relationship with MobileCoin.
Regarding any disputes between the parties that cannot be arbitrated, you irrevocably and unconditionally agree and consent to the jurisdiction and venue of the state courts located in the City and County of San Francisco, California or federal court for the Northern District of California and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such disputes.
The foregoing shall be without prejudice to any applicable provisions of mandatory consumer protection law under the laws of your country of residence, to the extent that these offer you more protection.
Language and Contact
These Terms and any information or notifications that are provided under these Terms shall be in English.
If you have any questions relating to these Terms, your rights and obligations arising from these Terms and/or your use of any MOB and any Services, please email us at [email protected].