Terms Of Service

YO-DA PAYMENT CORPORATION, сompany registered under the law of Canada (registered number BC1418366) and/or its affiliates (“we,” “our,” or “us”) provides its software services through its website located at https://yodawallet.co/and related mobile applications and products (collectively the “Services” or “YO-DA PAYMENT CORPORATION”). Before using our Services, please read the Terms of Service (the “Terms”) carefully, along with any other policies or notices on our website or mobile applications.

AGREEMENT TO TERMS

By accessing or using any or all of the Services, you expressly acknowledge that (i) you have read and understood these Terms; (ii) you agree to be bound by these Terms; and (iii) you are legally competent to enter into these Terms. If you do not agree to be bound by these Terms or any updates or modifications to these Terms, you may not access or use our Services.

WE DO NOT PROVIDE INVESTMENT OR FINANCIAL ADVICE OR CONSULTING SERVICES. WE ARE SOLELY THE PROVIDER OF YO-DA PAYMENT CORPORATION AND WE DO NOT ADVISE OR MAKE RECOMMENDATIONS ABOUT ENGAGING IN DIGITAL ASSET TRANSACTIONS OR OPERATIONS. DECISIONS TO ENGAGE IN TRANSACTIONS OR PERFORM OPERATIONS INVOLVING DIGITAL ASSETS SHOULD BE TAKEN ON YOUR OWN ACCORD.

PRIVACY POLICY

For an explanation on how we collect, use and disclose information from our users please see our Privacy Policy at https://yodawallet.co/privacy-policy. You acknowledge and agree that your use of the Services is subject to, and that we can collect, use and/or disclose your information (including any personal data you provide to us) in accordance with our Privacy Policy.

UPDATES TO TERMS OR SERVICES

We reserve the right to update or modify these Terms at any time at our sole discretion. If we do so, we’ll let you know by either posting the revised Terms on our website, on our mobile application or through other methods of communication which we deem reasonable. Such revised Terms as posted will take effect immediately, unless otherwise indicated. You should regularly check our website to inform yourself of any such changes and decide whether or not to accept the revised version of these Terms. If you continue to use YO-DA PAYMENT CORPORATION following any update or modification of the Terms you shall be deemed to have accepted the revised Terms. If you do not agree to the Terms or any update or modification to the Terms, you must cease to access or use our Services. Our Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without prior notice, and at our sole discretion.

ELIGIBILITY

To be eligible to use YO-DA PAYMENT CORPORATION: (i) you must be at least eighteen (18) years old and legally competent to enter into these Terms; (ii) you must not be a resident of sanctioned jurisdictions according to any trade embargoes, UN Security Council Resolutions (“UNSCR”) or HM Treasury's financial sanctions regime; and (iii) you must not be currently the subject of or subject to economic sanctions such as the United Nations Security Council Sanctions List, the list of specially designated nationals maintained by OFAC, the denied persons or entity list of the U.S. Department of Commerce or any similar list maintained by any other relevant sanctions authority. If you are using our Services on behalf of a legal entity, you further represent and warrant that: (iv) the legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and (v) you are duly authorized by such legal entity to act on its behalf. You can only use our Services if permitted under the laws of your jurisdiction. For the avoidance of doubt, you may not use our Services if you are located in, or a citizen or resident of any state, country, territory or other jurisdiction where your use of our Services would be illegal or otherwise violate any applicable laws. Please make sure that these Terms are in compliance with all laws, rules, and regulations that apply to you. You agree that you are only using our Services with legally-obtained funds that rightfully belong to you. By using YO-DA PAYMENT CORPORATION, you represent and warrant that you meet all eligibility requirements that we outline in these Terms. We may still refuse to let certain people access or use YO-DA PAYMENT CORPORATION, however, and we reserve the right to change our eligibility criteria at any time. Registration and use of the YO-DA PAYMENT CORPORATION services are not available to users from Iran, North Korea, and Myanmar.

THIRD PARTY SERVICES AND CONTENT

In no event shall a description or reference to a third party’s product or service (including, but not limited to, providing a description or reference via hyperlink) be construed as an endorsement or promotion of such third party products or services by us. We retain the exclusive right to add to, modify, or cancel the availability of any Third Party Service. You may agree to receive push notifications from Third Party Content providers. In order to receive push notifications, you must opt in to the service. Push notifications will not be automatically enabled on your device for Third Party Content. We do not control, endorse, or adopt any Third Party Content shared through push notifications, and will have no responsibility for Third Party Content including, but not limited to, token availability and/or sales. If, to the extent permitted by YO-DA PAYMENT CORPORATION, you grant express permission to a third party to access or connect to your YO-DA PAYMENT CORPORATION account, either through the third party’s product or service or through YO-DA PAYMENT CORPORATION, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under these Terms.

INTELLECTUAL PROPERTY

License

As long as you agree to and comply with the present Terms, we grant you a non-exclusive, non-sublicensable and non-transferable license to use YO-DA PAYMENT CORPORATION for your personal use or internal business use only. Except as otherwise expressly permitted in these Terms, you will not: (a) reproduce, modify, adapt or create derivative works of any part of YO-DA PAYMENT CORPORATION; (b) rent, lease, distribute, sell, sublicense, transfer, or provide access to YO-DA PAYMENT CORPORATION; (c) use YO-DA PAYMENT CORPORATION for the benefit of any third party; (d) incorporate YO-DA PAYMENT CORPORATION into a product or service you provide to a third party without our prior written consent; (d) circumvent mechanisms in YO-DA PAYMENT CORPORATION intended to limit your use; (f) reverse engineer, disassemble, decompile, translate, or otherwise seek to obtain or derive the source code, including images and texts, underlying ideas, algorithms, file formats or non-public APIs to YO-DA PAYMENT CORPORATION, except to the extent expressly permitted by applicable law (and then only upon advance notice to us); (g) remove or obscure any proprietary or other notices contained in YO-DA PAYMENT CORPORATION (h) use YO-DA PAYMENT CORPORATION for competitive analysis, as part of any other software or project of any kind or to build competitive products.

Feedback

From time to time, you may choose to submit feedback to us. We may, in connection with YO-DA PAYMENT CORPORATION, freely use, copy, disclose, license, distribute and exploit any feedback in any manner without any obligation, royalty or restriction based on intellectual property rights or otherwise. No feedback will be considered your Confidential Information, and nothing in this Agreement limits our right to independently use, develop, evaluate, or market products or services, whether incorporating feedback or otherwise.

Content

YO-DA PAYMENT CORPORATION may contain copyrighted material and trademarks including, but not limited to, text and graphics (the “Content”), which is protected by copyright law, registered, and unregistered trademarks, and other intellectual property rights. Unless otherwise provided, we exclusively own the Content. Your use of YO-DA PAYMENT CORPORATION does not grant you any right, title, or interest in the Content. You agree that you will not copy, reproduce, modify, republish, upload, post, transmit, distribute, collect, sell, license, create derivative works from, or, in any other way, whether manual or automated, exploit any of the Content, in whole or in part.

YOUR USE OF YO-DA PAYMENT CORPORATION

You agree that you will not violate any laws when using our Services. This includes any local, provincial, state, federal, national, or international laws that may apply to you. You agree that you will not use our Services to pay for, support, or otherwise engage in any illegal activities including, but not limited to, illegal or otherwise prohibited trade, illegal gambling, fraud, money laundering, or terrorist activities. For the avoidance of doubt, if we discover that you have violated these Terms and/or any applicable laws or regulatory requirements, we reserve all of our rights and remedies under these Terms and at law and will take all necessary actions against you. You further agree that: (i) you will not encourage or induce any third party to engage in any of the activities prohibited under this Section; (ii) you will not distribute any virus or other harmful computer code through YO-DA PAYMENT CORPORATION; (iii) you will not take any action that may impose an unreasonable or disproportionately large load on our or any of our third party providers’ infrastructure; (iv) you will not reverse engineer or bypass, circumvent, or attempt to bypass or circumvent any measures that we may use to prevent or restrict access to the Services including, without limitation, other accounts, computer systems, or networks connected to the Services; and (v) you will not violate, misappropriate or infringe the rights of YO-DA PAYMENT CORPORATION, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights. Although we have no obligation to monitor any user content, we have absolute discretion to take any necessary actions any time and for any reason without notice in the event you breach these Terms. Any use of YO-DA PAYMENT CORPORATION other than as specifically authorized in these Terms, without our prior written permission, is strictly prohibited and we shall have the right to terminate your license to use YO-DA PAYMENT CORPORATION immediately without notice. You acknowledge and accept that by using the Services, you may be exposed to content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any user content, including any loss or damage to any of your user content.

LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTIES

You acknowledge and agree that we have no control over, and no duty to take any action regarding: (i) failures, disruptions, errors, or delays in the processing of Digital Assets that you may experience while using the Services; (ii) the risk of failure of hardware, software, and Internet connections; (iii) the risk of malicious software being introduced or found in the software underlying YO-DA PAYMENT CORPORATION; (iv) the risk that third parties may obtain unauthorized access to information stored within your account, including, but not limited to your address, private key, and Secret Phrase; and (v) the risk of unknown vulnerabilities in or unanticipated changes to the the applicable blockchain networks. You release us from all liability related to any losses, damages, or claims arising from: (a) user error such as forgotten passwords, incorrectly constructed transactions, or mistyped Digital Asset addresses; (b) server failure or data loss; (c) unauthorized access to the YO-DA PAYMENT CORPORATION application; (d) bugs or other errors in the YO-DA PAYMENT CORPORATION software; and (e) any unauthorized third party activities, including, but not limited to, the use of viruses, phishing, brute forcing, or other means of attack against YO-DA PAYMENT CORPORATION. We make no representations concerning any Third Party Content contained in or accessed through our Services. Any other terms, conditions, warranties, or representations associated with such content, are solely between you and such organizations and/or individuals.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OR OUR AFFILIATES, OR ANY OF OUR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY DIRECT DAMAGES OR INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INFORMATION, REVENUE, PROFITS OR OTHER BUSINESSES OR FINANCIAL BENEFITS) WHETHER UNDER CONTRACT, TORT, NEGLIGENCE, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF YOUR ACCESS OR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO: ANY UNAUTHORIZED USE OF YOUR ACCOUNT ADDRESS AND/OR PRIVATE KEY DUE TO YOUR FAILURE TO MAINTAIN THE CONFIDENTIALITY OF YOUR ACCOUNT, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES OR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT ARE FOUND IN THE YO-DA PAYMENT CORPORATION SOFTWARE OR THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION); ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; HUMAN ERRORS; TECHNICAL MALFUNCTIONS; FAILURES, INCLUDING PUBLIC UTILITY OR TELEPHONE OUTAGES; OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS, OR SOFTWARE (INCLUDING, BUT NOT LIMITED TO, THOSE THAT DO NOT PERMIT PARTICIPATION IN OUR SERVICES); ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; INABILITY TO FULLY ACCESS OUR WEBSITE, YO-DA PAYMENT CORPORATION OR THE SERVICES OR ANY OTHER WEBSITE; THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, IMAGES OR OTHER CONTENT OF ANY KIND; DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST; TYPOGRAPHICAL, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF; OR ANY OTHER MATTER RELATING TO THE WEBSITE, YO-DA PAYMENT CORPORATION APPLICATION OR ANY OTHER ASPECT OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN 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.

Warranty Disclaimer

YO-DA PAYMENT CORPORATION IS PROVIDED "AS IS" AND “AS AVAILABLE”, AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES AND UNDERLYING SOFTWARE OR ANY ASPECT OF THE INFORMATION, CONTENT, OR THE SERVICES, WHETHER PROVIDED OR OWNED BY US, OR BY ANY THIRD PARTY OR CONTAINED IN ANY THIRD PARTY MATERIALS OR ON ANY THIRD PARTY WEBSITES ACCESSIBLE OR LINKED TO OUR WEBSITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THE SERVICES IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. WE DO NOT MAKE ANY REPRESENTATIONS OR GIVE WARRANTIES THAT THE ACCESS TO YO-DA PAYMENT CORPORATION OR USE OF THE SERVICES AND THE FUNCTIONALITY THEREOF WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY OR ERROR-FREE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.

INDEMNITY

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless us, our affiliates, and our respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers and contractors, from and against any and all claims, damages, obligations, losses, liabilities, tort, costs or debt, and expenses (including, but not limited to, attorney’s fees) arising from: (a) your use of and access to the Services; (b) any feedback or submissions you provide to us concerning YO-DA PAYMENT CORPORATION; (c) violation of any Third Party Content (d) your violation of the Terms; or (e) your violation of any law, rule, or regulation, or the rights of any third party.

TIME LIMITATION ON CLAIMS

You agree that any claim you may have arising out of or related to your relationship with us must be filed within one year after such claim arises, otherwise, your claim is permanently barred.

GOVERNING LAW

No matter where you’re located, the laws of Canada will govern these Terms and the parties’ relationship as if you signed these Terms in the Canada, without regard to Canada conflicts of laws rules. If any provisions of these Terms are inconsistent with any applicable law, those provisions will be superseded or modified only to the extent such provisions are inconsistent. The parties agree to submit to the courts in Canada for exclusive jurisdiction of any dispute arising out of or related to your use of the Services or your breach of these Terms. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue, or forum non conveniens in any such action.

NOTE TO INTERNATIONAL USERS

If you are a user accessing or using our Services from a region with laws or regulations governing personal data collection, use, and disclosure that differ from the Canada laws, please be advised that we do not collect or process your personal data, except as provided for in our Privacy Policy.

TERMINATION

In the event of termination concerning your license to use YO-DA PAYMENT CORPORATION, your obligations under this Agreement will still continue. Your access to the funds in your account after termination will depend on your access to your backup of your account address and private key.

NO WAIVER

Our failure to exercise or delay in exercising any right, power, or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of us. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.

SEVERABILITY

If it turns out that any part of this Agreement is invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term shall not affect or impair the validity or enforceability of any remaining part of that term, clause or provision or any other terms, clauses or provisions of these Terms.

FORCE MAJEURE

We shall not be held liable for any delays, failure in performance, or interruptions of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to: any delay or failure due to any acts of God, acts of civil or military authorities, acts of terrorism, civil or industrial disturbances, blockages, embargoes, war, strikes or other labor disputes, fire, earthquakes, storms or other nature-related events, interruption in electrical telecommunications or Internet services or network provider services, failure of hardware equipment and/or software or other utility failures, smart contract bugs or weaknesses, technological changes, changes in interest rates or other monetary conditions, and, for the avoidance of doubt, changes to any blockchain-related protocol, other catastrophe, or any other occurrences which are beyond our reasonable control, and shall not affect the validity and enforceability of any remaining provisions. If we are unable to perform our Services outlined in the Terms due to factors beyond our control, including, but not limited to, the aforementioned force majeure events or changes in applicable laws and/or sanctions policies, we shall not be liable for the Services provided under these Terms during the time period coincident with the event in question.

ASSIGNMENT

You agree that we may assign any of our rights and/or transfer, sub-contract, or delegate any of our obligations under these Terms without any notice or consent from you. These Terms will bind and insure to the benefit of the parties, their successors and permitted assigns. Your agreement to these Terms is personal to you and you may not transfer or assign it to any third party.

NO THIRD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to the Terms.

ENTIRE AGREEMENT

This Agreement sets forth the entire understanding and agreement as to the subject matter hereof and supersedes any and all prior discussions, agreements, and understandings of any kind (including, without limitation, any prior versions of the Terms) and every nature between us. Except as provided for above, any modification to these Terms must be in writing and must be signed by both parties.

NOTICES

Any notices or other communications provided by us under these Terms, including those regarding modifications to it will be given by posting to the Services and/or through other electronic communication. You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures that we provide in connection with your account and your use of the Services.

QUESTIONS OR COMMENTS

If you have any questions relating to these Terms, your rights and obligations arising from these Terms and/or your use of YO-DA PAYMENT CORPORATION and our Services or any other matter please send us a message on our contact page at https://yodawallet.co/contacts or legal@yodawallet.co.