These conditions of use (the 'Conditions') 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 'Firefly App' (the 'App'). Use of the App is also governed by the App’s Privacy Policy (the 'Privacy Policy').

These Conditions and the Privacy Policy 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.

General

• The App is a piece of software offered by IOTA and functions as a digital wallet for crypto-assets.
• 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 the Users' 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. -We do not have any control over goods or services which are paid for using the App.
• Occasionally, we may make changes to these conditions. 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.
• You also declare that you agree to the provision of any updates for the App and realize 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 the terms of this Agreement, including any modifications or updates to the Agreement. If you do not agree to the terms of the Agreement, then you may not use the App. In addition, the General Terms and Conditions of the app store or platform where the User downloads the App must be observed in addition to the terms of this Agreement.

Data Protection

IOTA does not collect any of your personal data through the App. Please refer to the Firefly Privacy Policy (https://firefly.iota.org/privacy) for information on how we and our third-party service providers process data in relation to the App.

Use of the App

• By using the App and entering into this Agreement, you represent to us that you are lawfully able to enter into this Agreement.
• 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 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 guarantee that you will use the App in accordance with the laws and regulations of all relevant jurisdictions.

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 use of 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.

Limitation of Liability

• The IOTA Foundation shall only be liable for damages, irrespective of the legal basis, in cases of its own intent and gross negligence.
• In case of a violation against fundamental contractual duties, so called cardinal duties, the IOTA Foundation’s liability is limited to the foreseeable damages.
• Liability claims are excluded if the circumstances justifying a claim are based on abnormal and unforeseeable circumstances which are beyond the control of the party invoking those circumstances and whose consequences could not have been avoided in spite of the exercise of due diligence. The IOTA Foundation shall specifically bear no liability for damage arising from force majeure, riot, war and natural events, or from any other events for which it cannot be held responsible (e.g. strike, lockout, traffic disruptions, orders proclaimed by a supreme authority).
• 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 App may enable features such as voting, participation in token distributions (airdrops) and staking. All such features are provided on an “as available” and an “as is” basis. The IOTA Foundation expressly disclaims any liability for the use of such features and does not warrant or represent that such features are free from errors or interruptions. The IOTA Foundation shall not be liable for lost profits and other indirect damages. Any use of such features is at the sole risk of the User.
• 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.
• To the fullest extent permissible at law, indirect, special, pure economic or consequential losses are expressly excluded under the Agreement.

Compliance by the User

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

• A violation against these conditions, 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 a Firefly 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 Firefly App website(s) without our prior written permission.

Place of Jurisdiction

To the extent permitted by law, the place of jurisdiction regarding all legal disputes is Berlin. This applies to merchants, legal entities under public law, special funds under public law and persons without a general court of jurisdiction in the Federal Republic of Germany.

Contact

The IOTA Foundation provides the following email address to users to contact the IOTA Foundation in individual cases: contact@iota.org

Applicable Law

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

Severability Clause

Should individual clauses of this contract 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.