These terms only apply to the Comet product offered by Safe Haven, and are intended to apply along with any other Safe Haven terms that may be applicable to you when you use other Safe Haven products with Comet.
As further provided in subparagraph 5.2 below, Comet is a non-custodial digital wallet and no digital assets (as defined below) are ever held or controlled by Safe Haven when you use Comet.
1. CHANGES TO THESE TERMS
2. RIGHTS TO COMET
2.1 Comet Wallet and Mnemonic Phrase
You must download and set up Comet wallet browser extension fully to use Comet. When setting up your Comet, a mnemonic phrase will be generated. You acknowledge and agree that you are solely responsible for maintaining the confidentiality and security of your mnemonic phrase and we strongly advise you to take precautions to securely save such mnemonic phrase to avoid loss of access to and/or control over your Comet wallet or any cryptocurrencies or other fungible or non-fungible tokens associated with your Comet wallet (each a “Digital Asset” and collectively “Digital Assets”). Do not share your mnemonic phrase with any third party.
Notwithstanding anything to the contrary in these terms, we shall have no liability whatsoever in connection with activities that occur on comet wallet with or without your authorization.
2.2 License Grant
2.3 License and Use Restrictions
As an express condition of your use of Comet, you represent and warrant to us that you shall not use Comet for any unlawful purpose or purpose prohibited by these Terms or the laws or regulations in the jurisdiction in which you live or reside or where you may engage in any activity with Comet. Without limiting the foregoing, you agree not to use Comet for any of the following purposes:
(a) Violate any law, regulation, or governmental policy in any applicable jurisdiction, including without limitation pay for, support, or otherwise engage in any illegal activities such as prohibited trade, illegal gambling, fraud, money laundering, or terrorist activities;
(b) Share, lease, rent, use, or otherwise provide access to your Comet wallet to or on behalf of any third party;
(c) Use Comet in connection with the performance of any service for any third party;
(d) Infringe upon, misappropriate, or violate intellectual property rights or any other rights of any person or entity (including without limitation Safe Haven);
(e) Behave in a harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable manner;
(f) Violate the security of any computer network, or crack any password or security encryption code;
(g) Impersonate or attempt to impersonate another individual or entity, including without limitation any Safe Haven employee or agent, or another Comet user;
(h) Infringe, in any way, on the rights of others or engage in behavior or activity that is threatening, harmful, discriminatory, or fraudulent;
(i) Access, copy or store any Comet source code or a significant portion of our content;
(j) Decompile, reverse engineer, or otherwise attempt to obtain source code or underlying ideas or information of or relating to Comet we provide;
(k) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Comet or any server, computer, or database connected to Comet;
(l) Circumvent, remove, alter, deactivate, degrade, or thwart any technological measure or content protections of Comet;
(m) Attack our Safe Haven’s information technology systems (or those providing information technology systems of Safe Haven’s behalf) via a denial-of-service attack or distributed denial-of-service attack or otherwise;
(n) Use any device, software, bot, or routine that interferes with the proper working of Comet;
(o) Damage, overburden, disable, or impair the Safe Haven’s ability to provide Comet to users; or
(p) Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
If you become aware of or suspect any unauthorized use of Comet, please contact us at [email protected].
We have absolute discretion to take any necessary actions any time and for any reason without notice in the event you breach these Terms. Any violation of any of the above representations and warranties, including without limitation, use of Comet in breach of these Terms, may subject you to civil liability, criminal prosecution, and termination of your rights to use Comet and access to your Digital Assets associated with your Comet wallet.
2.4 Aggregate Data
2.5 Disqualified Persons
You are not authorized to use Comet if there are applicable legal restrictions in your country of residence that would make the use of Comet illegal. It is your sole responsibility to ensure that your use of Comet is not prohibited, restricted, curtailed, hindered, impaired or otherwise adversely affected in any way by any applicable law in your country of residence or domicile. In addition, you are not authorized to use Comet if you are any of the following:
(a) A citizen, domiciled in, resident of, or physically present / located in Iran, North Korea, Cuba, Syria, China, Afghanistan, Central African Republic (the), Congo (the Democratic Republic of the), Libya, Mali, Russia, Somalia, Sudan, and Yemen (each an “Excluded Jurisdiction”);
(b) An entity: (1) which is incorporated in, or operates out of, an Excluded Jurisdiction, or (2) which is under the control of one or more individuals who is/are citizens of, domiciled in, residents of, or physically present / located in, an Excluded Jurisdiction;
(c) An individual or entity: (1) included in the consolidated list published by the United Nations Security Council of individuals or entities subject to measures imposed by the United Nations Security Council accessible at https://www.un.org/securitycouncil/content/un-sc-consolidated-list; or (2) included in the United Nations Lists (UN Lists) or within the ambit of regulations relating to or implementing United Nations Security Council Resolutions listed by MAS and accessible by https://www.mas.gov.sg/regulation/anti-money-laundering/targeted-financial-sanctions/lists-of-designated-individuals-and-entities; or (3) included in any other applicable governmental sanctions list in any relevant jurisdiction; or
(d) An individual or corporate body who is otherwise prohibited or ineligible in any way, whether in full or in part, under any law applicable to such individual or corporate body from participating in any part of Comet.
If you are not authorized to use Comet under this subparagraph 2.5, you are deemed a “Disqualified Person” under these Terms.
3. THIRD-PARTY RESOURCES
Comet may contain links to other sites and resources provided by third parties, including decentralized applications and block explorers (“Third-Party Resource(s)”). These links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the Third-Party Resources linked to Comet you do so entirely at your own risk and subject to the terms and conditions of use for such Third-Party Resource.
You acknowledge and agree that we (or, as applicable, our licensors) own all right, title, and interest in and to Comet and all elements of Comet, including without limitation all graphics, design, systems, methods, processes, architectures, structures, functions, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data (including Aggregate Data), and all other elements of Comet (collectively, the “Safe Haven Materials”). The Safe Haven Materials are protected by copyright, trade dress, trademark, patent laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. Your use of Comet or these Terms do not grant you ownership or any other rights with respect to the Safe Haven Materials or Comet, whether expressly, by implication, estoppel, reliance or otherwise, all of which are specifically excluded and disclaimed, subject only to the terms of the Limited License granted in these Terms.
5.1 Disclaimer of Warranties
Your access to and use of Comet is at your own risk. Comet and the limited license are provided “as is” and without any representation or warranty or condition of any kind. To the extent not prohibited by applicable law, Safe Haven and its officers, employees, directors, shareholders, parents, subsidiaries, affiliates, agents, and licensors (“Safe Haven parties”) disclaim all warranties, conditions, and representations of any kind, whether express, implied, statutory, or otherwise, including without limitation (a) those related to merchantability, fitness for a particular purpose, satisfactory quality, and non-infringement, (b) those arising out of course of dealing or usage of trade, (c) that the access to or use of Comet will be secure, timely, uninterrupted or error-free or will be compatible or operate in combination with any other hardware, software, system or data, (d) that Comet will be free of harmful components, and (e) that any associated digital assets will be completely secure or not otherwise lost or altered.
5.2 Other Disclaimers
We shall not be responsible or liable to you for any losses you incur as the result of any uses of Comet, including, without limitation, for any of the following reasons: (a) user error, such as forgotten passwords or incorrectly construed smart contracts or other transactions; (b) server failure or data loss; (c) corrupted files associated with your Comet wallet; or (d) unauthorized access or activities by third parties, including without limitation the use of viruses, phishing, brute forcing, or other means of attack against Comet or the applicable blockchain.
5.3 Digital Asset and Blockchain Security Disclaimer
Safe Haven is not responsible or liable for any sustained losses or injury caused by any exploitation, vulnerability or other form of failure or malfunctioning of software (e.g., decentralized applications, smart contracts, etc.), applicable blockchains or any features built into digital assets, including without limitation any issues with the blockchain supporting non-fungible tokens, forks, technical node issues or any other issues that may result in losses or injury.
5.4 Digital Ownership Disclaimer
Digital assets exist only by virtue of the ownership record maintained on the applicable blockchain. Safe Haven cannot affect or otherwise control the transfer of title or right in any digital assets or underlying or associated content or items.
5.5 No Custody
Comet is a non-custodial digital wallet for digital assets, which means that Safe Haven is not involved in the purchase, sale, execution, custody, or trading of digital assets through your use of Comet, and therefore never holds custody of any digital assets when you use Comet. You acknowledge and agree that you are solely responsible for (a) the control of your digital assets and your Comet mnemonic phrase, and (b) all activity and any risk of loss related to any transaction and digital asset associated with your Comet wallet.
6.1 To the maximum extent not prohibited by applicable law, you agree to defend, indemnify and hold harmless, the Safe Haven parties from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including without limitation attorney’s fees reasonably incurred and legal costs and expenses reasonably incurred) of any kind or nature relating to third party claims arising out of (a) your use of Comet; (b) your violation of the rights of or obligations to a third party; (c) any feedback you provide to us concerning Comet; (d) digital assets associated with your Comet wallet; (e) your violation of these terms or any terms; or (f) your violation of any applicable law, rule or regulation.
6.2 No indemnitee or any other person or entity shall be entitled to any form of equitable or implied indemnification at any time.
7. LIMITATION OF LIABILITY
Notwithstanding any contrary provision of these terms or failure of the essential purpose of any remedy, and to the fullest extent not prohibited by applicable law, you agree as follows:
(a) In no event will the Safe Haven parties be liable for (i) any incidental, indirect, special, punitive, consequential or similar damages or liabilities whatsoever, or (ii) any damages for loss of any digital assets, data, information, revenue, profits or other businesses or financial benefits, in any case whether under contract, tort, negligence, statute, strict liability or other theory even if we have been advised of the possibility of such damages, arising out of or connected with access or use of Comet, including, without limitation, the following: (1) any unauthorized use or any loss of your Comet wallet address and/or mnemonic phrase for any reason; (2) participation in or the outcome of a transaction made using Comet; (3) any of your digital assets; (4) any bugs, viruses, trojan horses, or the like that are found in Comet (regardless of the source of origination); (5) any injury or damage to computer equipment; or (6) theft, tampering, or destruction of, or unauthorized access to, digital assets, or data or content of any kind;
(b) In no event shall our liability to you or any other person or entity for all damages or liabilities exceed in the aggregate the amount of one hundred u.s. dollars (usd $100.00) or its equivalent in the local currency of the applicable jurisdiction; and
(c) Nothing in these terms shall exclude or limit the liability of either party for death or personal injury caused by its negligence. Some jurisdictions further do not allow the exclusion or limitation of liability for consequential or incidental damages or other damages, so the above limitations may not apply to you.
Notwithstanding anything to the contrary, the foregoing limitations of liability under this paragraph 7 shall not apply if and to the extent of willful misconduct or gross negligence.
8. CLASS ACTION WAIVER
Except where prohibited under applicable law, all claims and disputes within the scope of the arbitration agreement in paragraph 9 below must be arbitrated on an individual basis and not on a collective class basis. Only individual relief is available.
9 DISPUTE RESOLUTION
All disputes arising out of or in connection with these Terms or the subject matter hereof (“Dispute(s)”) shall be finally settled under the Rules of Arbitration (“Rules”) of the International Chamber of Commerce (“ICC”) by one arbitrator appointed in accordance with the ICC Rules. The arbitrator must be fluent in the English language and the arbitration shall at all times be held in the English language. If the Rules permit, the arbitrator shall render a reasoned award in writing. Any arbitration arising pursuant to these Terms shall be held in Brussels, Belgium, and discovery shall only be admissible to the extent permitted under or not prohibited under the ICC Rules. Upon final judgment by the arbitrator of a Dispute, any award rendered shall be binding and may be entered as a judgment in any court with appropriate jurisdiction, and the parties consent to jurisdiction therein for the purpose of such enforcement. This agreement to arbitrate shall be referred to as the “Arbitration Agreement” herein.
9.2 Opt-out Right
You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out within thirty (30) days after first becoming subject to this Arbitration Agreement in accordance with the notice requirements in paragraph 10 below. If you opt out of this Arbitration Agreement, all other provisions of these Terms will continue to apply to you.
9.3 Arbitration Agreement Severability
Except as provided in this paragraph 9, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
9.4 Attorney’s Fees
The prevailing party in any Dispute shall be entitled to, and the non-prevailing party shall pay, the prevailing party’s third-party attorneys’ fees and other third-party costs reasonably incurred by the prevailing party in connection with the resolution of the Dispute and in connection with the enforcement of the judgment or arbitration award in favor of the prevailing party. The non-prevailing party shall pay those fees and costs to the prevailing party upon the demand notice of the prevailing party.
Notices from one party to any other party must be in the English language and must be reasonably detailed. Notices shall be effective on the date on which the notice is delivered to the notified party’s authorized email address. Until you receive notice of a different email address from us, Safe Haven’s authorized email address for all purposes of these Terms shall be the following: [email protected]. Safe Haven may provide notices to you by contacting you via a current email address you have provided to Safe Haven, as well as by posting the applicable notice prominently on the Safe Haven website (www.safehaven.io) or Comet website (www.cometwallet.io).
11. GOVERNING LAWS AND JURISDICTION
These Terms and all matters in connection or relating to subject matter hereof (including the interpretation of these Terms) shall be governed by and construed under the laws of Belgium, without giving effect to any conflict of laws rules or provisions. Subject to paragraphs 8 (Class Action Waiver) and 9 above (Dispute Resolution) of these Terms, each party shall and does consent and submit to the exclusive personal jurisdiction of the courts in Brussels, Belgium for any such action.
12. ASSIGNMENT AND DELEGATION
We may assign our rights and delegate our obligations under these Terms, in whole or in part, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. You hereby grant your prior consent in advance to such assignment and or delegation of obligations. You shall not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this paragraph 12. is null and void. No assignment or delegation relieves either party of any of its obligations under these Terms for any period prior to such assignment or delegation.
13. FORCE MAJEURE
Safe Haven shall not be liable for a failure or delay in performing any of its obligations under these Terms to the extent that such failure or delay is due to causes beyond its reasonable control, including, but not limited to, the following: (a) acts of God; (b) flood, fire, earthquake, hurricanes or other natural disasters or catastrophes; (c) epidemics, pandemics or other viral outbreaks; (d) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (e) government order, law, or actions; and (f) telecommunication breakdowns, power outages or shortages.
14.1 No Waiver of Rights
The failure by us to enforce any right or provision of these Terms shall not prevent any party from enforcing such right or provision in the future. No waiver by a party of any of the provisions of these Terms is effective unless explicitly set forth in writing and signed by such party. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
14.2 Export Laws
You agree that you will not export or re-export, directly or indirectly, Comet, and/or other information or materials provided by Safe Haven hereunder, to any Excluded Jurisdiction or Disqualified Person.
If any provision of these Terms is found to be unlawful or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the enforceability of any other provisions.
14.4 Entire Agreement
These Terms constitute the sole and entire agreement of the parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings and agreements, both written and oral, with respect to such subject matter.
The headings of the sections and subsections contained in these Terms are included for reference purposes only, solely for the convenience of the parties, and shall not in any way be deemed to affect the meaning, interpretation or applicability of these Terms or provision hereof. When the context requires, the plural shall include the singular and the singular the plural; and any gender shall include any other gender. All references to “including” or “includes” or any variation thereof shall be deemed to include the terms “without limitation”. The words “hereunder,” “hereof,” “hereto” and words of similar import shall be deemed references to these Terms as a whole. To the extent not prohibited by applicable law, these Terms shall not be construed against the party who drafted these Terms.