mallow wallet

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Terms of Service

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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 with an art marketplace built into it. Depending on the blockchain you are using, it lets you:

Wallet

  • 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 and NFTs
  • Sign messages and broadcast transactions you initiate
  • Burn tokens and NFTs you own
  • Optionally connect a hardware wallet (e.g., Ledger)
  • Optionally swap tokens via integrated third-party DEX aggregators

Art and marketplace

  • View NFTs you own and browse mallow marketplace content
  • Mint NFTs — one-of-ones, editions, and collections — including uploading the image and setting the royalty
  • Edit metadata for artworks and collections you control
  • List artworks for sale at a fixed price, and update or cancel a listing
  • Create auctions, place bids, and settle or cancel an auction
  • Make, accept, and cancel offers on artworks
  • Buy artworks and editions
  • Claim prizes and proceeds from raffles you already hold tickets in
  • Cast artwork to a Chromecast or Android TV device on your network
  • Save artworks you own to your device's photo library

Account and social

  • Create an optional public profile, follow other accounts, and assemble curations
  • Report artworks, curations, and accounts, and block accounts
  • Stake SOL natively or via a liquid-staking route (see Section 7)

Not every feature is available to everyone, and availability can change without a new version of the App. What you can do depends on the blockchain: the marketplace, minting, staking, and swaps are available on Solana today; on Ethereum you can send tokens and transfer NFTs; on Tezos you can send XTZ. Some features are not offered in the App at all.

We can also switch an individual feature off remotely, without releasing a new version — for example if we discover a fault in it. We do this to protect you. We aim never to switch off the features that let you get your assets back out — cancelling a listing or an offer, settling an auction, claiming a raffle prize, or unstaking — unless leaving one running would do more harm than stopping it.

Some features hand you off to mallow.art, our marketplace website, which operates under its own terms and privacy policy.

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. Fees

Using the Services costs money in three distinct ways. Read this section before you transact.

Network fees. Every transaction pays the underlying blockchain's fee (gas on Ethereum, transaction and priority fees plus rent on Solana, fees on Tezos). These go to the network, not to mallow. We do not control them and cannot refund them — including on a transaction that fails on-chain after you have signed it.

mallow fees.

  • Swaps. mallow takes a fee of 0.5% (50 basis points) of the swap. It is included in the quote you are shown before you confirm.
  • Marketplace sales. A marketplace fee is taken out of the seller's proceeds on a sale, an auction settlement, or an accepted offer. The rate is set on-chain and may change.
  • Staking. See Section 7.

Creator royalties. Artworks may carry a royalty that is paid to the creator out of the sale price, separately from any mallow fee. The rate is set on-chain by whoever minted the artwork.

Fees may change at any time. Where a fee applies to a specific transaction, the App shows you the amounts involved before you confirm; it is your responsibility to check them. Fees are not refundable.

5. Marketplace transactions

Marketplace features let you transact directly with other users through on-chain programs. This has consequences you should understand.

  • mallow is not a party to your trade. We are not a broker, dealer, exchange, auction house, escrow agent, or intermediary. We provide software that helps you construct a transaction that you sign yourself. No money or asset passes through mallow.
  • All sales are final. A completed on-chain transaction cannot be reversed, cancelled, or refunded, by you or by us. There is no chargeback, no dispute process, and no buyer protection.
  • Some actions place your assets in escrow. Listing an artwork, creating an auction, bidding, and making an offer can move your asset or your funds into an escrow account controlled by a smart contract, where they stay until the sale completes or you cancel. mallow does not hold the keys to those accounts and cannot move, release, or recover what is in them. An auction that has ended still needs a settlement transaction to be signed before the asset and the proceeds move.
  • Listings and prices may be out of date. Marketplace information is read from the blockchain and can lag behind it. An artwork may be sold, delisted, or repriced between the moment you see it and the moment your transaction lands.
  • Counterparties are strangers. We do not vet buyers, sellers, creators, or the assets they list. Verification badges, where shown, are not an endorsement or a warranty of anything.
  • You are responsible for your own tax reporting on any sale, purchase, swap, or reward.

6. Minting and the content you publish

When you mint an artwork through the App, you are publishing to a public blockchain and to IPFS.

  • You warrant that you have the rights. You must own, or be licensed to use, everything you mint — the image, the video, the name, the description, and anything embedded in the metadata. You are solely responsible for infringement claims arising from what you mint.
  • Minting is permanent. Images and metadata pinned to IPFS are public and immutable. We cannot delete them, and neither can you. We can remove an artwork from mallow's own surfaces; we cannot remove it from the blockchain or from IPFS.
  • Royalties are enforced by smart contracts, not by us. A royalty you set is honoured only to the extent the relevant smart contracts and marketplaces choose to honour it. Other marketplaces may ignore it. We do not guarantee you will receive royalties on secondary sales, including sales that happen through mallow.
  • You grant us a licence to display it. By publishing content through the Services you grant mallow a worldwide, non-exclusive, royalty-free licence to host, cache, resize, and display that content in the App, on mallow.art, and in materials promoting the Services. This licence exists so we can operate and market the Services. It does not transfer ownership, and it ends for future uses when the content is removed from our surfaces — except where it has already been distributed.
  • We may refuse or remove content under our Acceptable Use Policy.

7. Staking

The App lets you stake SOL. Two routes are offered, and they are different.

Native staking delegates to a validator that mallow operates. This is a conflict of interest and we want it stated plainly rather than buried: when you stake natively through the App, your stake is delegated to mallow's own validator, and mallow earns a commission on the rewards that stake produces. You may delegate elsewhere using other software at any time.

Liquid staking routes through a third-party liquid-staking token via the swap aggregator, and carries that protocol's risks in addition to the ones below.

In both cases:

  • Rewards are not guaranteed. Staking yields vary with network conditions, validator performance, and total stake. Past or projected rates are not a promise.
  • Your stake is not immediately available. Solana unstaking takes effect at an epoch boundary, and deactivated stake must then be withdrawn in a separate transaction. Plan for the delay.
  • Validators can underperform or go offline, reducing or eliminating rewards for the period affected.
  • You keep custody. Your stake account remains under your keys. mallow cannot move, seize, or spend it.
  • This is not a deposit, an investment product, or a security offering by mallow, and nothing about it is a promise of profit.

8. Raffles

Some artworks are raffled on mallow.art. Raffle entry is not offered in the App — where a raffle is shown, the App links you to mallow.art, and any ticket purchase happens there under that site's terms.

The App does let you claim prizes and proceeds from raffles you already hold tickets in, and lets an organiser cancel a raffle they created. Claims are on-chain transactions you sign yourself, subject to Sections 4 and 5. Winner selection happens on-chain and is not performed, influenced, or controllable by mallow. We do not guarantee that any raffle will complete, be settled, or be claimable.

9. Your account, profile, and content

A mallow profile is optional; the wallet works without one. If you create one:

  • It is public. Your username, display name, bio, images, social links, linked wallet addresses, curations, and the artworks held by your linked addresses are visible to anyone. Do not publish anything you want kept private.
  • Your content must comply with the Acceptable Use Policy. The licence and warranties in Section 6 apply to profile content as well as to minted artworks.
  • You may delete your account in Settings → Security & Privacy. This removes your profile from our systems. It does not, and cannot, delete anything already recorded on a blockchain or pinned to IPFS, and it does not delete your wallet, keys, or funds. See the Privacy Policy for the detail.
  • We may suspend or remove a profile that violates these Terms or the AUP.

10. Third-party services

The App uses third-party services — including Helius, Alchemy, Infura, publicnode.com and TzKT for blockchain access, Jupiter for swaps, Reown for optional social sign-in, Firebase for push notifications, Mixpanel for product analytics, Mux for video, IPFS and Arweave for NFT media, and Google Cast for casting. mallow is not the operator of those services. Their terms and privacy practices apply to your use of those features. The Privacy Policy lists what each one receives. 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
  • Faults in or exploits of the smart contracts behind the marketplace, auctions, offers, raffles, and staking
  • Block explorer or price-feed inaccuracies

11. 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.

12. 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.

13. 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.

14. 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.

15. 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

16. 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, 5, 6, 9, 10, 13, 14, 15, 17, 18, and 19 survive termination.

17. 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.

18. 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 18 is held invalid, the remainder remains in force; if the class-action waiver is held unenforceable, the entire Section 18 is null and disputes will proceed in court.

19. 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.

20. 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.

21. Contact