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Panthera Terms of Service

Latest update: 

 

IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 13. PLEASE READ THE AGREEMENT CAREFULLY.


1. Acceptance of Terms

Panthera Wallet provides a platform for managing cryptographic token (cryptocurrency) accounts, and allowing decentralised application (DApp) websites to interact with blockchains, while keeping the user in control over what transactions they approve, through our website located at https://getpanthera.com  and web application (the “Site”) – which includes text, images, audio, code and other materials (collectively, the “Content”) and all of the features, and services provided. The Site, and any other features, tools, materials, or other services offered from time to time by Panthera Wallet are referred to here as the “Service”. Please read these Terms and Conditions (the “Terms” or “Terms of Use”) carefully before using the Service. By using or otherwise accessing the Services, or clicking to accept or agree to these Terms where that option is made available, you (1) accept and agree to these Terms (2) consent to the collection, use, disclosure and other handling of information as described in our Privacy Policy and Cookie Policy and (3) any additional terms, rules and conditions of participation issued by Panthera Wallet from time to time. If you do not agree to the Terms, then you may not access or use the Content of Services.
 

2. Modification of Terms of Use


‌Except for Section 14, providing for binding arbitration and waiver of class action rights, Panthera Wallet reserves the right, as its sole discretion, to modify or replace the Terms and Conditions at any time. The most current version of these Terms will be posted on our Site. You shall be responsible for reviewing and becoming familiar with any such modifications. User of the Services by you after any modification to the Terms constitutes your acceptance of the Terms of Conditions as modified.


3. Eligibility


You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms. Panthera Wallet is a global platform and by accessing the Content or Services, you are representing and warranting that, you are of the legal age of majority in your jurisdiction as is required to access such Services and Content and enter into arrangements as provided by the Service, You further represent that you are otherwise legally permitted to use the service in your jurisdiction including owning cryptographic tokens of value, and interacting with the Services or Content in any way. You further represent you are responsible for ensuring compliance with the laws of your jurisdiction and acknowledge that Panthera Wallet is not liable for your compliance with such laws.‌
 

4. Account Password and Security


When setting up an account with Panthera Wallet, you will be responsible for keeping your own account secrets, which may be your Social Login or OAuth password credentials, an account file, or other locally stored secret information. You agree to keep your secret information and password confidential and do not share them with anyone else; immediately notify Panthera Wallet of any unauthorised use of your account or breach of security. Panthera Wallet cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
 

‌5. Representations, Warranties, and Risks
‌5.1. Warranty Disclaimer

‌You expressly understand and agree that your use of the Service is at your sole risk. The Service (including the Service and the Content) are provided on an “AS IS'' and “as available” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. You acknowledge that Panthera Wallet has no control over, and no duty to take any action regarding: which users gain access to or use the Service what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Panthera Wallet from all liability for you having acquired or not acquired Content through the Service. Panthera Wallet makes no representations concerning any Content contained in or accessed through the Service, and Panthera Wallet will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.


5.2 Sophistication and Risk of Cryptographic Systems

‌By utilizing the Service or interacting with the Content or platform in any way, you represent that you understand the inherent risks associated with cryptographic systems and warrant that you have an understanding of the usage and intricacies of native cryptographic tokens, including but not limited to Ether (ETH) and/or Bitcoin (BTC), or other smart contract, EVM and non-EVM chain based tokens including those that follow the Ethereum Token Standard (https://github.com/ethereum/EIPs/issues/20), and blockchain-based software systems.
 

‌5.3 Risk of Regulatory Actions in One or More Jurisdictions

‌Panthera Wallet could be impacted by one or more regulatory inquiries or regulatory action, which could impede or limit the ability of Panthera Wallet to continue or develop, or which could impede or limit your ability to access or use the Service.
 

5.4 Risk of Weaknesses or Exploits in the Field of Cryptography

You acknowledge and understand that Cryptography is a progressing field. Advances in code cracking or technical advances such as the development of quantum computers may present risks to cryptocurrencies and Services of Content, which could result in the theft or loss of your cryptographic tokens or property. To the extent possible, Panthera Wallet intends to update the protocol underlying Services to account for any advances in cryptography and to incorporate additional security measures, but does not guarantee or otherwise represent full security of the system. By using the Service or accessing Content, you acknowledge these inherent risks.
 

‌5.5 Volatility of Crypto Currencies

‌You understand that Ethereum and other blockchain technologies and associated currencies or tokens are highly volatile due to many factors including but not limited to adoption, speculation, technology and security risks. You also acknowledge that the cost of transacting on such technologies is variable and may increase at any time causing impact to any activities taking place on the Ethereum blockchain. You acknowledge these risks and represent that Panthera Wallet cannot be held liable for such fluctuations or increased costs.
 

‌5.6 Application Security


You acknowledge that decentralised applications are evolving technologies and that the code remains subject to flaws. While Panthera provides additional layers of protection, you agree that you are solely responsible for evaluating any code provided by the Services or Content and the trustworthiness of any third-party websites, products, smart-contracts, or Content you access or use through the Service. You further expressly acknowledge and represent that decentralised applications can be written maliciously or negligently, that Panthera Wallet cannot be held liable for your interaction with such applications and that such applications may cause the loss of property or even identity. This warning and others later provided by Panthera Wallet in no way evidence or represent an on-going duty to alert you to all of the potential risks of utilising the Service or Content.
 

6. Indemnity

‌You agree to release and to indemnify, defend and hold harmless Panthera Wallet and its parents, subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorney’s fees and court costs) claims or actions of any kind whatsoever arising or resulting from your use of the Service, your violation of these Terms and Conditions, and any of your acts or omissions that implicate publicity rights, defamation or invasion of privacy. Panthera Wallet reserves the right, at its own expense, to assume exclusive defence and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Panthera Wallet in the defence of such matter.
 

7. Limitation on Liability

‌YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND SERVICE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE AND SERVICE MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND SERVICE IS AT YOUR OWN RISK. RECOGNIZING SUCH, YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PANTHERA WALLET NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY (EVEN IF PANTHERA WALLET HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE SITE OR SERVICE; THE USE OR THE INABILITY TO USE THE SITE OR SERVICE; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR SERVICE; ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; HUMAN ERRORS; TECHNICAL MALFUNCTIONS; FAILURES, INCLUDING PUBLIC UTILITY OR TELEPHONE OUTAGES; OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS, OR SOFTWARE (INCLUDING, BUT NOT LIMITED TO, THOSE THAT DO NOT PERMIT PARTICIPATION IN THE SERVICE); ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; INABILITY TO FULLY ACCESS THE SITE OR SERVICE OR ANY OTHER WEBSITE; THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, IMAGES OR OTHER CONTENT OF ANY KIND; DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST; TYPOGRAPHICAL, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF; OR ANY OTHER MATTER RELATING TO THE SITE OR SERVICE.

‌SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
 

‌8. Our Proprietary Rights


‌All title, ownership and intellectual property rights in and to the Service are owned by Panthera Wallet or its licensors. You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Panthera Wallet, you agree not to copy, modify, rent, lease, loan, sell, distribute, perform, display or create derivative works based on the Service, in whole or in part.
 

‌9. Links

The Service provides, or third parties may provide, links to other World Wide Web or accessible sites, applications or resources. Because Panthera Wallet has no control over such sites, applications and resources, you acknowledge and agree that Panthera Wallet is not responsible for the availability of such external sites, applications or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Panthera Wallet shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
 

10. Termination and Suspension

‌Panthera Wallet may terminate or suspend all or part of the Service and your Panthera Wallet access immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms. Upon termination of your access, your right to use the Service will immediately cease.

‌The following provisions of the Terms survive any termination of these Terms: INDEMNITY; WARRANTY DISCLAIMERS; LIMITATION ON LIABILITY; OUR PROPRIETARY RIGHTS; LINKS; TERMINATION; NO THIRD PARTY BENEFICIARIES; BINDING ARBITRATION AND CLASS ACTION WAIVER; GENERAL INFORMATION.
 

‌11. No Third Party Beneficiaries
 

‌You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to the Terms.
 

‌12. Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, please provide Panthera Wallet a written Notice containing the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

  • a description of the copyrighted work or other intellectual property that you claim has been infringed;

  • a description of where the material that you claim is infringing is located on the Service;

  • your address, telephone number, and email address;‌

  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

‌Panthera Wallet can be reached via email at: hello@getpanthera.com


‌13. Binding Arbitration and Class Action Waiver


‌PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
 

‌13.1 Initial Dispute Resolution


‌The parties shall use their best efforts to engage directly to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration.
 

‌13.2 Binding Arbitration
 

Most customer concerns can be resolved quickly by reaching out to us at hello@getrpanthera.com. ‌If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution under the Initial Dispute Resolution provision begins, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. You agree that any arbitration pursuant to these Terms will be on an individual basis, and that you will not bring a claim as a plaintiff or class member in a class, consolidated, or representative action. You further agree that class arbitrations, class actions and consolidation with other arbitrations will not be allowed. All disputes and claims between us will be heard by a single arbitrator. ‌The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.‌
 

13.3 Location

This Agreement shall be governed by, and construed in accordance with, the laws of the State of Delaware applicable to contracts executed in and to be performed entirely within that State. All actions and proceedings arising out of or relating to this Agreement shall be heard and determined in any Delaware state or federal court sitting in the State of Delaware. In the event of any dispute, claim or litigation with regard to this Agreement, the prevailing party shall be entitled to receive from the non-prevailing party, and the non-prevailing party shall promptly pay, all reasonable fees and expenses of counsel for the prevailing party incurred in connection with such dispute, claim or litigation.
 

13.4 Class Action Waiver

The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND Panthera Wallet AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
 

13.5 Exception - Litigation of Intellectual Property and Small Claims Court Claims


‌Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
 

13.6 30-Day Right to Opt Out

You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address: Panthera Wallet, {Address}, hello@getpanthera.com. The notice must be sent within 30 days of 01 December 2022 or your first use of the Service, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, Panthera Wallet also will not be bound by them.
 

‌13.7 Changes to this Section

‌Panthera Wallet will provide 30-days’ notice of any changes to this section. Changes will become effective on the 30th day, and will apply prospectively only to any claims arising after the 30th day.

For any dispute not subject to arbitration you and Panthera Wallet agree to submit to the personal and exclusive jurisdiction of and venue in the courts located in the State of Delaware. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defences otherwise available.

The Terms and the relationship between you and Panthera Wallet shall be governed by the laws of the State of Delaware without regard to conflict of law provisions.
 

14. General Information

‌14.1 Entire Agreement
 

‌These Terms (and any additional terms, rules and conditions of participation that Panthera Wallet may post on the Service) constitute the entire agreement between you and Panthera Wallet with respect to the Service and supersedes any prior agreements, oral or written, between you and Panthera Wallet. In the event of a conflict between these Terms and the additional terms, rules and conditions of participation, the latter will prevail over the Terms to the extent of the conflict.
 

‌14.2 Waiver and Severability of Terms

‌The failure of Panthera Wallet to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
 

‌14.3 Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
 

14.4 Section Titles


‌The section titles in the Terms are for convenience only and have no legal or contractual effect.
 

‌14.5 Communications


‌Users with questions, complaints or claims with respect to the Service may contact us using the relevant contact information set forth above.

Information Privacy Statement

Welcome to Panthera Wallet. We are committed to maintaining the privacy and security of personal information submitted by all visitors to this site.

 

Is information collected when I visit the getpanthera.com Web Portal?

The personal data we collect from you includes:

  • questions or feedback you leave, including your email address if you contact Panthera

  • your Internet Protocol (IP) address, and details of which version of web browser you used

  • information on how you use the site, using cookies and page tagging techniques, including

    • The Internet Protocol (IP) Address and domain name used from which you accessed our Portal. The IP Address is a numerical identifier assigned either to your Internet service provider or directly to your computer;

    • The type of browser and operating system used to access our site;

    • The date and time you visited our site;

    • The web pages or services you accessed at this site;

    • The web site you visited prior to coming to this web site;

    • The web site you visit as you leave this web site; and

    • If you downloaded a form, the form that was downloaded.

  • if you submit information to us via a contact webform, the data you enter will sent to the state agency responsible for the topic or area you are inquiring about

Collecting this information helps us improve the user experience, content, and design of getpanthera.com. This information is used solely to help us make this site more useful to visitors, to learn about the number of visitors to our site and the kinds of technology they use.

We use Google Analytics software to collect information about how you use getpanthera.com. We do this to help make sure the site is meeting the needs of its users and to help us make improvements, for example improving site search.

Google Analytics stores information about:

  • the pages you visit on getpanthera.com

  • how long you spend on each getpanthera.com page

  • how you got to the site

  • what you click on while you’re visiting the site

  • we do not collect or store your personal information (for example your name or address) so this information cannot be used to identify who you are.

We also collect data in order to:

  • improve the site by monitoring how you use it

  • gather feedback to improve our services

  • respond to any feedback you send us, if you’ve asked us to

  • allow you to access government services and make transactions

  • provide you with information about local services if you want it

 

What if I send you an email?

You may choose to provide us with personal information, as an e-mail with a comment or question. This information is used to improve our service to you or to respond to your request. We never share your e-mail without your consent and we only share it (post consent) with other service providers. Except for authorized law enforcement investigations, or as required by law, we do not distribute, share, sell, or lease e-mail to any other entities without your consent. We use your e-mail: to address issues you identify, to further improve our website, or to forward the e-mail to authorised agencies for appropriate action as required by law. Once the issue or concern is resolved, this information will not be retained unless required by state law or agency regulation.

Does the getpanthera.com Web Portal require me to accept cookies?

Visitors to the getpanthera.com Web Portal can access the Portal without accepting cookies, however, the portal does use cookies to improve information to users.

 

Cookies

 

What is a Cookie?

There are two general types of cookies that web sites make use of:

  1. Session cookies — these are cookies created by a web site that exist only as long as your visit to that web site. They are not stored permanently on your computer.

  2. Persistent cookies — these cookies are stored on your computer by a web site for some period of time and are used when you return to that site in the future.

A cookie provides a way for a web site to keep track of a user’s internet browsing patterns and preferences. Cookies contain a range of web site addresses for which they are valid. When a user’s web browser encounters those addresses again, it sends those specific cookies to the Web server. For example, if a user’s specific preferences were stored as a cookie, it would save that person from typing in the same information all over again when accessing that service for the second and subsequent times.

 

What won’t a cookie do?

Certain web-based applications operated by Panthera may require users to establish a user ID and password. When accessing these applications through the getpanthera.com Portal you will need to separately enter and/or store your user information as required by the agency operating the application. A cookie that is stored on your computer for these applications will not incorporate those separate user IDs and passwords. In other words, should a third party use your computer they WILL NOT have access to personal information (e.g., your name or e-mail address) simply by virtue of having cookies stored on your computer. A third party using your computer MAY BE ABLE to view your personalized accounts when using your computer if you have selected the option that allows a web site or service to “remember” your username and password. If you are using a computer in a shared location, or are uncomfortable with this, you may want to avoid this option. If you do not want cookies stored on your computer, you should carefully read the information contained in the next section entitled “What options do I have with respect to cookies?”

 

What options do I have with respect to cookies?

You can have your browser disable cookies or prompt you before accepting a cookie. Look for the cookie options in your browser under the “Options” or “Preferences” menu.

 

Terms of Service

 

Will my information be disclosed to third parties?

The getpanthera.com portal will not distribute, share, sell, or lease your information to third parties for direct marketing or e-mail marketing purposes. The information collected at this site will remain confidential to the extent permitted by state or federal law. State law may, however, require disclosure upon request of certain information collected at this site should it be deemed “public information” under the Delaware Freedom of Information Act. To learn more about requirements for requests, and information that may be disclosed in response to a request, consult the Delaware Freedom of Information Act, Title 29, Chapter 100 of the Delaware Code.

 

Third-party services and privacy

To deliver dynamic services and enhanced functionality to site visitors, Panthera uses third-party add-ins on some of its Web pages. When third-party add-ins are used or embedded the third-party’s Terms of Service apply. For your convenience, links to each service’s Terms of Service page are provided below.

Please note that State Agencies may elect to use third-party add-ins that are not listed here. If you have questions or concerns, please e-mail us at hello@getpanthera.com.

 

What if the Privacy Policy changes?

Changes to the getpanthera.com Portal privacy policy will be posted to this web page for review without expressed prior notification to its visitors. If you have questions concerning this policy, please email us at hello@getpanthera.com.

Privacy Policy
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