Blockdaemon Inc. (“Blockdaemon,” “we,” “us,” or “our”) welcomes you to our Wallet Sandbox. Blockdaemon is proud to offer this sandbox environment that enables you to test and analyze the Daemon Wallet (the “Product”), subject to the following terms of use (the “Terms“).
By accessing and using the Product, you acknowledge that you have read, understood, and agree to be legally bound by these Terms. If you do not agree to any of these Terms, you may not access and use the Product. If you accept or execute the Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Use and, in such event, “you” and “your” will refer and apply to that company or other legal entity. Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.
The parties hereby agree as follows:
1. License. Blockdaemon grants you a limited, non-exclusive, non-transferable license for a period of 30 days (the "Evaluation Period") that allows you to access and the Product solely for your internal evaluation purposes for the specific employees of yours that Blockdaemon has authorized ("Authorized Users").
Only Authorized Users are authorized to access the Product, and any changes to the Authorized Users list must be explicitly agreed to in writing by Blockdaemon.
This Agreement does not provide a commercial access grant, and your access to and use of the Product for commercial purposes is subject to you entering into and executing a separate license agreement.
Blockdaemon shall provide to you the necessary passwords and network links or connections to allow you to access the Product during the Evaluation Period.
provide Blockdaemon timely feedback related to any positive or negative aspects of the Product as well as any issues, concerns or problems encountered while testing the Product;
not reverse engineer, reverse compile, modify, translate, tamper, disassemble, or attempt to reconstruct or discover any Product source code or underlying ideas or algorithms in whole or in part;
copy, modify, or create derivative works of the Product, in whole or in part;
rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Product;
use the Product in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person (including those not party to this Agreement), or that violates any applicable law;
not use the Product for any purpose that is illegal, immoral, competitive to or otherwise against the interests of Blockdaemon, or otherwise in violation of international sanctions laws; and
acknowledge that features of the Product may be incomplete or not yet be generally available, or that the Product may not operate as expected. Further, you acknowledge that Blockdaemon reserves the right to modify, add, or remove functionality, without advance notice to you.
You acknowledge that, as between you and Blockdaemon, Blockdaemon owns all right, title, and interest, including all intellectual property rights, in and to the Product. The Product and all the intellectual property rights therein, including any Product outputs or derivative products, shall at all times remain the exclusive property of Blockdaemon and/or its suppliers. Your only interest in Product is that of having possession of and the right to use the Product pursuant to the terms of this Agreement.
If you or any of your employees or contractors sends or transmits any communications or materials to Blockdaemon suggesting or recommending changes to the Product or related intellectual property, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like ("Feedback"), Blockdaemon is free to use such Feedback irrespective of any other obligation or limitation between the Parties governing such Feedback. All Feedback is and will be treated as non-confidential. You hereby assign to Blockdaemon on your behalf, and on behalf of your employees, contractors, and/or agents, all right, title, and interest in, and Blockdaemon is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although Blockdaemon is not required to use any Feedback.
You understand that by using this Product you or an Authorized User may be asked to provide biometric identifiers or similar information which includes but is not limited to: facial, vocal, or iris recognition; finger geometry and prints; digital signatures and behaviors; liveliness checks; and other such similar data (“Biometric Information”) and that the Biometric Information data may be used individually or collectively to authenticate your identity for the core identity verification feature of this product.
You understand that if you fail to provide consent or the requested Biometric Identification we may limit, restrict, or terminate the Product or other such offerings.
You understand and acknowledge that we use your Biometric Information exclusively for the purpose of identity verification within Product and you authorize the use of the Biometric Information for this exclusive purpose.
You understand that your Biometric Information will not be stored by Blockdaemon nor any of Blockdaemon’s third-party vendors. Blockdaemon shall nevertheless comply with any permissible requests for alteration or deletion as permitted by law.
4. Term & Termination. The term will commence on the first date you receive access to the Product and continue for the Evaluation Period, unless extended by the parties. Either party may terminate, with or without cause, at any time by providing written notice of termination to the other party and any termination will be effective as of the date set forth in that termination notice.
5. Warranty & Service.
Because the Product is currently available only in a sandbox version, it is not error or bug free, and you agree that you will use the Product carefully and will not use it in any way which might result in any loss of your or any third party’s property or information. You acknowledge Blockdaemon is not liable for any losses or damages on account of usage of Product or its related products, services, or features under this agreement.
THE WALLET SANDBOX, PRODUCT, AND RELATED SERVICES LICENSED UNDER THIS AGREEMENT ARE PROVIDED "AS IS" AND WITHOUT ANY REPRESENTATION, INDEMNIFICATION, OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THIRD PARTY LOSSES.
Software maintenance, servicing upgrades, deployments, issues, or bugs will be handled on a reasonable effort basis, including for critical or urgent security related issues.
Blockdaemon will respond to any questions concerning Product and related services on a reasonable effort basis.
Blockdaemon makes no commitments regarding Product uptime.
6. Payment. Product under this Agreement will be offered at no cost.
7. Governing Law; Jurisdiction; Disputes. Any dispute or controversy arising under this Agreement shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. This Agreement is governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of California. Arbitration shall be held in Los Angeles, CA and the language of the proceedings shall be English.
