Terms of service

Please review the terms and conditions of the services contained herein carefully. By clicking “I agree” or accessing and/or using any of the services provided by Elysium Lab Sagl, with registered office in Bedano you have read, understood, and accepted all of the following Terms, as well as all of the terms which are incorporated herein by reference.

1. RIGHTS AND OBLIGATIONS
   • The following terms of service (the “Terms”) constitute a binding agreement between you (the “User” or “You”) and Elysium Lab Sagl, a company registered under the Swiss laws, with registered address c/o in Bedano, Switzerland (“Elysium” or the “Company”), in connection with Your use of the services offered by Elysium.
   • These Terms also govern Your interaction with any websites, platform or application (“Platform & Apps”) owned or operated by Elysium and more generally Your use of any Elysium products or services (all together the “Services”).
   • By accessing and/or using the Services, You have read, understood, and accepted all of the following Terms and agree to be legally bound by these Terms, in their most recent version. You further represent and warrant that: (i) You are of legal age to enter into a binding agreement; (ii) if You represent a corporation, governmental organisation or other legal entity, You have the right, power and authority to enter into these Terms on behalf of such corporation, governmental organisation or other legal entity and to legally bind it to these Terms.
   • Your access and/or use of the Services is contingent upon Your acceptance of these Terms.
   • Elysium may amend these Terms at any time. Amendments will be effective 14 (fourteen) days after the modified terms and conditions have been posted on the Platform & Apps, except for amendments that relate to new features or made for legal reasons, which will become effective immediately. If You do not agree to such modified terms, You should discontinue Your use of the Services.
2. USERS ELIGIBLE TO PARTICIPATE
   • If You want to use certain Services, You will have to create an account, and You will also need access to an Internet connection, an e-mail address or a social account.
   • You agree that You will not disclose Your means of access to the account to anyone and You will notify us immediately of any unauthorised use of Your account. You are responsible for all activities that occur under Your account, whether or not known to You.
   • You may terminate Your account at any time. Upon termination of any Services or Your account, the following provisions of these Terms will survive: Intellectual Property, Content & Content Rights, Limit of Use & Prohibited Conduct, Data Protection, Termination, Limitation of Liability, Indemnification, Miscellaneous.
3. INTELLECTUAL PROPERTY
   • You acknowledge and agree that the Services are the property of Elysium or its licensors and that they are protected under national and international law and particularly by copyright, trademark, and other laws. The unauthorised dissemination, copying, deletion or any other violation of intellectual property rights and copyrights of Elysium are punishable under both civil and criminal law.
   • Subject to Your compliance with these Terms, Elysium grants You a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the Services. Except as expressly permitted in these Terms or under applicable law, You may not: (i) copy, modify, or create derivative works based on the Services; (ii) distribute, transfer, sublicense, lease, lend, or rent the Services to any third party; (iii) reverse engineer, decompile, or disassemble the Services; or (iv) make the functionality of the Services available to multiple Users through any means. Elysium reserves all rights in and to the Services not expressly granted to You under these Terms.
   • You acknowledge and agree that “Elysium” its trademark, Service mark, logo and graphics are the registered trademarks or trademarks of Elysium.
4. OBJECT OF THE SERVICES
5. The Company operates in the field of software development in relation to blockchain Services.
6. The Company will issue through the Platform & Apps a non custodial wallet. A non-custodial wallet is a type of Digital Assets wallet in which the User has full control of the private keys and funds stored in it without involving external parties. By storing the funds in this type of wallet, the User himself has full responsibility for the private keys and therefore must take the necessary precautions so as not to irremediably lose the possibility of accessing his crypto assets.

The company will enable for the non-custodial wallet a two-factor authentication system to enable the user to do specific actions within the wallet. Specifically, the two-factor authentication will be enabled to send transactions above a quota set by the user and to restore their account.

1. The Service offered by the Company is intended for Users to use the functionality of the Platform & Apps on a distributed and pseudonymous basis. The User acknowledges and agrees that the Company is not responsible for any errors or omissions made by the User in connection with any transaction initiated through the Services, including but not limited to the use of an incorrect address or loss of the private key.

Instead, the private key uniquely matches the wallet address and must be used to authorise crypto assets transfers to or from that wallet address. It provides access and security to the wallet. The Company has no access to the private key and may not, under any circumstances, initiate a transaction using the private key on Your behalf. If the private key is lost, Elysium cannot retrieve it on behalf of the User.

In no event shall the Company or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profits, or due to business interruption) arising out of the use of or inability to use the materials on wallet, even if the Company or an authorised representative of Elysium has been informed orally or in writing of the possibility of such damages.

1. LIMITS OF USE & PROHIBITED CONDUCT
   • Elysium provides the Services solely for use in accordance with these Terms. Only the official Apps & Platforms provided by Elysium may be used to connect to the Services. You may not create, support, host, link, or provide any other options, which can be used by another person to use the Services.
   • You are not entitled to use any means, mechanisms, or software in connection with any Service provided by Elysium which can disturb the function and the Services’ process. You may not undertake any action, which can result in an unreasonable or excess load of the technical capacities of Elysium. In particular, You may not block, overwrite or modify the contents generated by Elysium without the prior written consent of Elysium.
   • You may not add elements to the Services or to change, delete or modify in any other manner any Service elements without the prior written consent of Elysium. In particular, You may not copy, remove or otherwise utilise any graphic elements or to try to decompile the source code of Services.
   • You may not intentionally use third party software or other applications nor program errors for Your own benefit.
   • Further, You agree that in conjunction with Your use of the Services You will not finance any unlawful or inappropriate Content.
   • You agree that in conjunction with Your use of the Services, You will maintain safe and appropriate contact with any third party, if any, and other people in the real world. You will not harass, threaten or otherwise violate the legal rights of others. If You have a dispute with any third party relating to Your use of Services, You release Elysium (and its officers, directors, agents, subsidiaries, joint ventures, and employees) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
   • However, the Service offered by the Company is structured to use the functionality of the Platform & Apps on a distributed and anonymous basis. Elysium will not be able to remove or disable access to any content nor will it be able to block any transaction that it deems objectionable or in violation of these Terms. The Company also does not have access to the private key and cannot, under any circumstances, initiate a transaction using the private key on your behalf. However, Elysium has the right to investigate violations of these Terms or conduct that affects the Services. Elysium may also consult and cooperate with law enforcement authorities to prosecute Users and others who violate the law.
   • Any attempt by You to disrupt or interfere with the Services, including without limitation undermining or manipulating the legitimate operation of any Platform & Apps, is a breach of these Terms and may be a breach or violation of criminal and civil laws.
   • Elysium is entitled to take reasonable measures to prevent or curtail violations against this Section 5.
2. SERVICE LIMITATIONS AND MODIFICATIONS
   1. Elysium will make reasonable efforts to keep the Services operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, Elysium reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Services, with or without notice, without liability to You, for any interruption, modification, or discontinuation of the Services or any function or feature thereof.
3. DATA PROTECTION
   1. In order to provide You with the Services, You acknowledge and agree that Elysium may collect, store and process Your personal data and/or information. By accessing and/or using the Services, You have read, understood, and accepted the terms of Elysium’s Privacy Policy, and You acknowledge and agree that Elysium may use such data and/or information in accordance with the terms of its privacy policy.
4. TERMINATION
   • The agreements between User and Elysium (e.g. these Terms) are concluded for an unspecified time unless otherwise agreed in writing.
   • Elysium may terminate these Terms or suspend Your access to the Services at any time, including, without limitation, in the event of Your alleged or actual misuse of the Services or breach of these Terms.
5. LIMITATION OF LIABILITY
   • In no event will Elysium, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for any loss or damages, including without limitation, direct, indirect, special, consequential, or punitive loss or damages, arising from or related to Your use of the Services, whether in an action of contract, tort or otherwise, and regardless of whether such damages were foreseeable and whether or not Elysium was advised of the possibility of such damages.
   • Without limiting the generality of the foregoing, Elysium takes no responsibility for and will not be liable for any financial or other loss or damages arising from or related to the use of the Services, including, without limitation, to any of the following: (i) technical failure, malfunction or shutdown; (ii) server failure, hacks or unavailability; (iii) data loss; (iv) stolen, lost, or unauthorised use of Your means of authentication; (v) errors calculating network fees; (vi) corrupted data on Elysium’s servers; (vii) failure to update or provide correct information; (viii) “phishing” or other websites masquerading as Elysium; (ix) delays, interruption or loss of Services; (x) loss of business or goodwill.
   • The User acknowledges and agrees that the Company is not responsible for any errors or omissions made by the User in connection with any transaction initiated through the Services, including but not limited to the use of an incorrect address or loss of the private key. The Company has no access to the private key and may not, under any circumstances, initiate a transaction using the private key on your behalf and if the private key is lost, Elysium cannot retrieve it on behalf of the User. In no event shall the Company or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profits, or due to business interruption) arising out of the use of or inability to use the materials on wallet, even if the Company or an authorised representative of Elysium has been informed orally or in writing of the possibility of such damages. The Services are provided on an “as is” and “as available” basis without any representation or warranty of any kind, whether express or implied, to the maximum extent permitted by applicable laws. Elysium disclaims any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement. You understand that Elysium does not screen or inquire into the background of any Users of the Services.
   • The User understands and accepts that regulatory measures, investigations or actions may impact Elysium's business and even limit or prevent it from performing or developing its operations.
   • By purchasing the Services the User confirms that he/she/it is aware that the Elysium’s business model and the Terms may change because of new legal, regulatory and compliance requirements from any applicable laws in any jurisdictions, even with retroactive effect.
6. INDEMNIFICATION
   1. To the fullest extent permitted under applicable laws, You agree to hold harmless and indemnify Elysium, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors from and against all third party claims and all liabilities, damages, assessments, losses, costs, or expenses (including reasonable attorney fees) resulting from or arising out of: (i) Your alleged or actual breach of these Terms, including, without limitation, Your express representations and warranties; (ii) Your alleged or actual use or misuse of the Services; and (ii) Your alleged or actual infringement or violation of any laws or of the rights of a third party.
7. MISCELLANEOUS
   1. ENTIRE AGREEMENT

These Terms constitute all the terms and conditions agreed upon between You and Elysium and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral.

1. SEVERABILITY AND WAIVER

Unless as otherwise stated in these Terms, should any provision of these Terms be held totally or partially invalid or unenforceable, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of these Terms, and the application of that provision shall be enforced to the extent permitted by applicable laws. The failure of Elysium to exercise or enforce any of the rights or provisions of these Terms shall not be considered as a waiver of Elysium’s rights to do so.

1. ASSIGNMENT

Elysium may assign these Terms and/or delegate any of its obligations hereunder, in whole or in part. You may not assign these Terms or any part of them, nor transfer or sub-license Your rights under these Terms to any third party.

1. NO PARTNERSHIP

Nothing contained in this Agreement shall be deemed or construed to create a principal and agent, partnership, or joint venture relationship between You and Elysium.

1. FORCE MAJEURE

Elysium will not be deemed in default of these Terms to the extent that performance of its obligations is delayed or prevented by reason of any external force including, without limitation, war, insurrections, bank failures, strikes, fires, floods, earthquakes, labour disputes, epidemics, governmental regulations, freight embargoes, natural disaster, act of government or any other cause beyond Elysium’s reasonable control.

1. GOVERNING LAW AND JURISDICTION

These Terms are subject to and governed by Swiss law to the exclusion of Swiss international private law and any international treaties. All disputes arising from or under these Terms shall be subject to the exclusive jurisdiction of the competent courts of Lugano, Switzerland.