Legal

Terms of Service

Last updated

These Terms of Service (“Terms”) govern your use of the mallow wallet mobile application (the “App”) and wallet.mallow.art (the “Site,” and together, the “Services”), provided by mallow labs LLC (“mallow,” “we,” “us,” or “our”). By installing, accessing, or using the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.

PLEASE READ CAREFULLY. These Terms include important provisions about the non-custodial nature of the App, your sole responsibility for your seed phrase and funds, limitations on our liability, and how disputes are resolved (including binding individual arbitration and a class-action waiver).

1. Eligibility

You may use the Services only if you are at least 18 years old or the age of majority in your jurisdiction, whichever is greater, and you have the legal capacity to enter into a binding contract. You may not use the Services if you are barred from doing so under applicable law, including U.S. sanctions law, or if you are located in a jurisdiction where the Services are prohibited.

2. The Services

The mallow wallet is a self-custodial software wallet that lets you:

  • Generate, import, and manage cryptocurrency wallets across supported chains (currently Solana, Ethereum, and Tezos)
  • View balances and transaction history sourced from public blockchain data
  • Send and receive supported tokens
  • Sign messages and broadcast transactions you initiate
  • Optionally connect a hardware wallet (e.g., Ledger)
  • Optionally swap tokens via integrated third-party DEX aggregators
  • View NFTs you own and browse mallow marketplace content

We may add, modify, or remove features at any time. The Site provides documentation and legal information about the App.

3. Self-custody — your responsibilities

Because the App is non-custodial, you are solely responsible for:

  • Backing up your seed phrase in a manner that prevents loss, theft, or exposure. We strongly recommend you do not store your seed phrase in cloud storage, email, screenshots, or any networked system
  • Securing your device with a strong passcode, biometrics, and current security updates
  • Verifying every transaction before you sign it, including recipient addresses, amounts, and the integrity of any dApp or counterparty
  • Compliance with laws applicable to your activity, including tax reporting and any sanctions or anti-money-laundering rules

We cannot reverse a transaction once you sign and broadcast it. We cannot recover funds sent to a wrong address, lost to a phishing site, or stolen because your seed phrase was exposed.

4. Third-party services

The App uses third-party services (e.g., Helius for RPC, Jupiter for swaps, Reown for optional social sign-in, Firebase for push notifications). mallow is not the operator of those services. Their terms and privacy practices apply to your use of those features. We are not liable for any loss, downtime, error, or wrongdoing of a third-party service, including:

  • RPC outages, indexing errors, or stale data
  • Failed, slow, or front-run swap routes
  • Smart-contract bugs, exploits, or rug-pulls in tokens you interact with
  • Block explorer or price-feed inaccuracies

5. Limited license

Subject to your compliance with these Terms, mallow grants you a limited, revocable, non-exclusive, non-transferable license to install and use the App on devices you own or control, and to access the Site for personal informational use. mallow retains all rights, title, and interest in and to the Services, including all intellectual property. You may not:

  • Copy, modify, distribute, sell, sublicense, or create derivative works of the App or any part of the Services, except as expressly permitted
  • Reverse-engineer, decompile, or attempt to derive source code, except to the extent applicable law allows notwithstanding this limitation
  • Remove or obscure any proprietary notices
  • Use the Services to build a competing product

You retain ownership of any keys, addresses, and on-chain assets you create or control through the App.

6. Acceptable use

Your use of the Services must comply with our Acceptable Use Policy and with all applicable laws. We may suspend or terminate your access to the Services if you violate these Terms or the AUP, or if we believe in good faith that doing so is necessary to protect users, the Services, or third parties.

7. Disclaimer of warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DATA WILL BE ACCURATE OR RELIABLE.

Crypto-asset risk. Cryptocurrencies, tokens, and NFTs are highly volatile and speculative. Their value may fluctuate substantially or fall to zero. Smart contracts may contain bugs. Blockchains may experience forks, congestion, or downtime. You assume all risk of loss arising from your use of crypto assets, including market risk, technology risk, regulatory risk, and counterparty risk. Nothing in the Services is financial, investment, legal, or tax advice. Consult a qualified professional before making decisions involving crypto assets.

8. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, mallow AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, LOSS OF USE, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (USD $100).

Some jurisdictions do not allow exclusion of certain warranties or limitations of liability; in those jurisdictions, these limitations apply only to the maximum extent permitted by law.

9. Indemnification

You agree to defend, indemnify, and hold harmless mallow and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with:

  • Your access to or use of the Services
  • Your violation of these Terms or the AUP
  • Your violation of any law or any right of a third party
  • Your transactions, including any tax obligations associated with them

10. Suspension and termination

You may stop using the Services at any time by uninstalling the App or ceasing to visit the Site. We may suspend or terminate your access to the Services at any time for any reason, including for violation of these Terms or applicable law. Sections 3, 4, 7, 8, 9, 11, 12, and 13 survive termination.

11. Governing law

These Terms are governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

12. Dispute resolution — arbitration and class waiver

Read this section carefully. It limits how you can pursue disputes against mallow.

  • Informal resolution. Before filing a claim, you agree to try in good faith to resolve the dispute by sending a written notice to legal@mallow.art describing the claim. The parties will attempt to negotiate for at least 30 days.
  • Binding arbitration. Any dispute that is not resolved informally will be resolved by binding individual arbitration administered by a reputable arbitration provider (such as the American Arbitration Association or JAMS) under its then-current consumer rules. The seat of arbitration is Sheridan, Wyoming. The arbitrator’s decision is final and binding.
  • Class-action waiver. You and mallow agree to bring claims only in your individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate the claims of more than one person.
  • Exception. Either party may bring an individual action in small-claims court for disputes within that court’s jurisdiction.

If any portion of this Section 12 is held invalid, the remainder remains in force; if the class-action waiver is held unenforceable, the entire Section 12 is null and disputes will proceed in court.

13. Changes to these Terms

We may update these Terms from time to time. The “Last updated” date reflects when changes take effect. We will provide reasonable notice of material changes. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms. If you do not agree, stop using the Services.

14. Miscellaneous

  • Assignment. You may not assign these Terms without our prior written consent. We may assign without restriction.
  • Severability. If any provision is unenforceable, the remaining provisions remain in effect.
  • Entire agreement. These Terms, the Privacy Policy, the Acceptable Use Policy, and any other policies referenced here form the entire agreement between you and mallow regarding the Services.
  • No waiver. Our failure to enforce any provision is not a waiver of that provision.
  • Notices. Legal notices to mallow must be sent to the contact below.

15. Contact