These Terms of Service (the "Terms") apply to you (hereinafter, “User” or “you”) and the IOTA Foundation, a non-profit foundation with its registered address at Pappelallee 78/79, 10437 Berlin (hereinafter, “IOTA” or “we/us”), regarding your use of the "IOTA Migration Tool" (the “App”). These Terms form a legally binding agreement between you and IOTA in relation to your use of the App (the “Agreement”). BY USING THE APP OR CLICKING THE BUTTON OR CHECKBOX TO ACCEPT THIS AGREEMENT, YOU DECLARE THAT YOU AGREE TO THE TERMS SET OUT HEREIN.

THE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM LIABILITY FOR ANY DAMAGES ARISING FROM THE USE OF THE SERVICE, INCLUDING DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND WE ARE NOT RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING FROM YOUR USE, INCLUDING CHANGES TO OR TERMINATION OF THE APP, DELAY, FAILURE, UNAUTHORISED ACCESS, ALTERATION OF TRANSMISSION OR DATA, TRANSACTIONS, ACTIVITIES OF THIRD PARTIES, OR DATA/MATERIAL ACCESSED THROUGH THE SITE. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR LINKED WEBSITES.

General

• The App functions as a tool for you to migrate your funds from the IOTA Legacy network to the IOTA Stardust network.
• As the User, you are responsible for the safekeeping of your private keys, passwords, back-up phrases and any other information used to access your crypto-assets. You are responsible for taking appropriate action to back up any necessary information that you need to access your crypto-assets and to keep such information safe. IOTA does not have access to your private keys, passwords or other information used to access your crypto-assets. If you lose your private keys, passwords or backup phrases, your crypto-assets will become inaccessible.
• By providing the App, IOTA or any other third party does not act as a financial intermediary or safekeeper of your crypto-assets.
• IOTA acts, in association with the App, as a software provider and is not a place for buying or selling crypto-assets, and it is not another form of payment service provider in terms of § 1 of the German Payment Services Supervision Act (Zahlungsdiensteaufsichtsgesetz).
• IOTA does not provide services related to the custody, management or protection of crypto-assets and is not a crypto custody business within the meaning of § 1(1a) sentence 2 no. 6 of the German Banking Act (Kreditwesengesetz).
• Although the App has been subjected to beta testing and has been further improved using feedback from respected developers, IOTA cannot guarantee that the software is entirely free of errors. You acknowledge that you shall be using this software at your own risk and in compliance with these Terms.
• We do not have any control over goods or services which are paid for using the App. We are not responsible for the successful completion of business transactions. We do not accept any liability for such transactions, including, but not limited to, any use of the App by minors or persons using a false name.
• Occasionally, we may make changes to these Terms. When we make material changes or any other change that could negatively affect your rights, we will notify you at least 30 days in advance by displaying a prominent notice in our communication channels or by any other reasonable means. If you do not agree to these changes, you can terminate the contract without notice. Your continued use of the App after the changes have taken effect will constitute an acceptance of the new Terms.
• You also declare that you agree to the provision of any updates for the App and realise that failure to update can result in a security risk or even loss of your crypto-assets.
• Any use of the App is conditional on your acceptance of these Terms, including any modifications or updates to the Terms. If you do not agree to the Terms, then you may not use the App.

Data usage

IOTA does not collect your Personal Data through the App. It is crucial to note that the private keys of the users are never transmitted to IOTA and it is not possible for IOTA to access a User’s crypto-assets in any case.

We may collect data related to the usage of the App such as errors, log information concerning any errors encountered in the App and other related information relevant to IOTA's provision of the services (“Usage Data”), for the purpose of administration and diagnostics analysis to help IOTA improve its services.

We may process Usage Data in order to enable the operation and use of the App, as well as for the administration and management of the App and the services offered via it. In order to properly operate the App and to be able to provide you with the services offered, we use the following analytics software, to analyse Usage Data, during the operation of the App:

CoinGecko

We use CoinGeckoAPI of Gecko Labs Pte. Ltd, 101 Upper Cross Street, #05-16 People's Park Centre, Singapore 058357 to obtain historical price and market data for cryptocurrencies. Further information regarding their privacy policy can be found under https://www.coingecko.com/en/privacy

Sentry

We use Sentry of Functional Software, Inc., dba Sentry, 45 Fremont Street, 8th Floor, San Francisco, CA 94105 to track errors in the App in real time and obtain the insight needed to reproduce and fix crashes. Further information regarding their privacy policy can be found under

https://sentry.io/privacy/

Use of the App

By using the App and entering into this Agreement, you understand and acknowledge that:

• You are lawfully able to enter into this Agreement and accept the terms of this Agreement.
• You agree to comply with all applicable laws and regulations when using the App.
• You must not use the App for any illegal or unauthorised purpose.
• You must not engage in any harmful or illegal activity in relation to your use of the Service, including (i) any attempt to interfere with or compromise the integrity, security, or proper functioning of the Service or any related system or device, including the deployment of viruses and denial of service attacks (ii) any attempt to defraud or mislead any person; (iii) any infringement of any third-party intellectual property rights; and (iv) any other activity that violates any applicable laws or regulations or seeks to harm others.
• The App must be downloaded and saved to your desktop device in order for you to use the App.
• Crypto-asset transactions are irreversible. As the User, it is your responsibility to ensure that any crypto-assets that you send with the App are sent to the correct address. We do not have access to the wallets created through the App and we are not able to assist you in case you send crypto-assets to the wrong address; you are using the App at your own risk.

You are solely responsible for your use of the App. This means that:

• You are solely responsible for safeguarding your passwords and cryptographic private keys.
• You are solely responsible for maintaining the security of any software or devices you use to access your assets and interact with the App.
• You explicitly acknowledge and accept all risks associated with accessing and using the App.

Security

• You agree that you are and shall at all times be responsible for the safekeeping, confidentiality and use of your password(s) for the App. This includes keeping access data secret from third parties. IOTA will never ask you to reveal your password(s).
• As a User, you are responsible for ensuring that the equipment that you intend to use with the App is compatible with the App. This includes all hardware, software, electrical, telecommunications solutions, including internet access.

Fees

The App is provided free of charge. Any costs or taxes incurred by the User through the use, sale or purchase of crypto-assets shall be the sole responsibility of the User.

Right of Withdrawal and Termination

• By entering into this Agreement you hereby waive your right of withdrawal from it. You may simply stop using it.
• You may terminate this Agreement for any reason by ceasing to use the App.

Grant of Licence

The IOTA Foundation retains all right, title and interest in and to the App, including all intellectual property rights, such as copyright, trademarks, designs, brands. Subject to the terms of this Agreement, the IOTA Foundation grants to you a revocable, non-exclusive, non-sublicensable, non-transferrable, free and limited licence for personal use of, and access to, the App (including all updates, upgrades, new versions and replacement software). You are not permitted to lend or pledge these usage rights or transfer them in any other way to a third party.

Warranty and Disclaimer

The App is provided "as is", and the IOTA Foundation makes no representations or warranties of any kind, whether express or implied, regarding the App or its use. The IOTA Foundation does not warrant that the use of the App will be uninterrupted or error free and expressly disclaims any representations and warranties as to the merchantability, fitness for a particular purpose, and non-infringement of third-party rights, the absence of security flaws or security breaches, bugs, software errors, including errors in the technology stacks used, including programming languages and open-source libraries. No representations or warranties are made that the App or any third-party services made available through the App will be free from malfunctions, errors, or harmful components. All use of the App is therefore at the sole risk of the User.

You expressly waive and discharge us from any liability, claims, causes of action, or damages arising from or connected to your use of the App.

Acceptance of Risks

You confirm that you have sufficient financial and technical knowledge to use the App and that you understand the inherent risks associated with blockchain-based systems, including potential security breaches, hacks, bugs, programming errors, and the immutability of code, which may result in financial losses.

You agree and accept that we are not accountable for these risks, do not control your transactions, do not act on your behalf in any way and cannot assist you if the App fails to operate as intended. Consequently, you agree to assume full responsibility for all risks associated with accessing and using the App.

Limitation of Liability

• To the fullest extent permitted by law, we shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses.
• We assume no liability, in particular for errors, mistakes, or inaccuracies; unauthorised access to secure servers and personal/financial information; interruption or cessation of transmission; bugs or viruses transmitted by third parties; or errors/omissions in content/materials. If dissatisfied with the App, your sole remedy is to discontinue your use of it. Some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, so these limitations/exclusions may not apply to you.
• The IOTA Foundation does not accept any liability for transactions, due to a lack of control over transaction processes. We are therefore expressly not responsible for any claims, damages or any other type of liability caused by any third-party service provider. In no event will the IOTA Foundation be liable to the User for any losses caused by user-error, software or system malfunctions, errors, interruptions, delays or inability to use the App, including any losses caused thereof to the User or any third party.
• The IOTA Foundation does not accept any liability for the liabilities of users towards other users or third parties, such as due to non-fulfilment of concluded contracts.
• The IOTA Foundation shall not be liable for any loss or theft of the User’s digital assets including, but not limited to the loss of the User’s private keys, configuration, installation or transaction errors made by the User, or late execution or late settlement of any transaction.
• The liability restrictions and liability exclusions contained in this contract also apply to liability for official bodies and/or managerial staff and non-managerial staff as well as for other agents of the IOTA Foundation. They also apply to the personal liability of the above-mentioned persons.

Compliance by the user

The user is obligated to use the App exclusively for legal purposes. The following activities are specifically prohibited in association with use of the App:

• A violation against these Terms, or any other agreement you have made with the IOTA Foundation;
• A violation against valid law, a contract or a directive (such as, but not limited to, regulations for financial services, money laundering, economic sanctions, consumer protection, competition law, protection against discrimination or misleading advertising);
• A violation against copyrights, patents, trademarks, trade secrets and other property rights;
• Provision of incorrect, inapplicable or misleading data;
• Transfer of tokens for which there is a justified reason to suspect that the money originates from fraudulent or other prohibited activities;
• Refusal to cooperate in an account review or provide confirmation of your identity or provide other details which we are required by law to request from you;
• Concealing your identity such as by using a proxy server or by using a post box as an address for the purpose of carrying out illegal, fraudulent, or other prohibited activities;
• Management of an account associated with another E-Wallet involved with prohibited activities;
• Conducting your business or using the IOTA Foundation's services in such a way that it leads to, or could lead to complaints, conflicts, return debits, credit card back transfers, fees, contract penalties, fines or other liability by the IOTA Foundation, a user, a third party or yourself;
• Enabling (including attempting to enable) the penetration of viruses, Trojans, malware, worms or other program processes that damage, disrupt, misuse, impair, secretly intercept, destroy or disable (operating) systems, data or information, or granting unauthorised access to systems, data, information or the IOTA Foundation's services;
• Use of an automatic device (e.g. robot or spider) or a mechanical or manual method for monitoring or replicating the IOTA Foundation or the App website(s) without our prior written permission.

Dispute Resolution and Class Action Waiver

In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the use of the App ("Dispute"), you agree to first attempt to resolve the Dispute informally by contacting us at the contact information provided in these Terms. We will make good faith efforts to resolve the Dispute amicably within a reasonable time.

You agree that any legal proceeding shall be limited to the Dispute between us individually. To the fullest extent permitted by applicable law, you agree that you may only bring claims against us in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

These Terms as well as all Disputes or legal issues resulting from operation or use of the App are subject to German law.

Place of jurisdiction

To the extent permitted by law, the place of jurisdiction regarding all legal disputes is Germany, Berlin.

Severability clause

Should individual clauses of this Agreement be or become ineffective or infeasible, then this shall not affect the effectiveness and feasibility of the remaining clauses. The ineffective clause shall be replaced by a clause that comes as close as possible to the original intention of the contract parties.

Contact

IOTA Foundation
Pappelallee 78/79
10437 Berlin
Germany
Email: contact@iota.org