We reserve the right to amend, modify, add, or remove elements of these Terms at any time, at our sole discretion. It is your obligation to review these Terms for any modifications on a regular basis. If you continue to use Ternoa Wallet after the changes are posted, you are indicating that you accept and agree to the changes.
Ternoa Wallet is owned and operated by Capsule Corp, a simplified joint stock company (Société par actions simplifiée - SAS) under French law registered with the Bayonne Trade and Companies Register under the number 882 163 413, with its registered address located at Centre International d'Affaires 24 Boulevard Marcel Dassault 64200 Biarritz, France.
Features of Ternoa Wallet
Ternoa Wallet generates crypto wallet addresses and encrypted private keys that you may use to send and receive CAPS which is the token of Ternoa Blockchain. It can be used to manage your CAPS, decrypt your SecretNFT and access decentralized applications (“DApps”) powered by Ternoa Blockchain. The “Wallet” functionality allows you to view your CAPS balance in real time, receive or send CAPS to another Ternoa Wallet. You can also find your transaction history directly on the App.
You can also use the App for collecting SecretNFTs and store them in your Ternoa Wallet. You can access the secrets they contain, and view them exclusively. Your Non-Fungible Tokens (“NFTs”) belong to you only and . Further, the App can be used to explore the Ternoa Blockchain ecosystem through DApps designed by the Ternoa team or proposed by our community.
Wallet Address, Privacy Key and Backup: The private key is linked to the Wallet address, and they can be used together to approve CAPS transfers to and from that address. You are completely responsible for keeping your private key and any mnemonic (backup) phrase connected with your Wallet secure. Your Wallet address, mnemonic (backup) phrase, and private key must all be kept safe. Failure to do so may result in the loss of control of CAPS, SecretNFTs, or any other assets associated with your Wallet.
Wallet Recovery: Ternoa Wallet saves your Wallet address but not your password, encrypted private key, unencrypted private key, or mnemonic (backup) phrase. As a result, we are unable to assist you in recovering your Wallet password. If you forget your Wallet password, we won't be able to generate a new one for you. If you do not have a backup of any Wallet address and private key pairs kept in your Wallet, you acknowledge and accept that any CAPS, SecretNFTs, or other assets you have connected with such a Wallet address will become inaccessible if you lose your Wallet password.
Usage of Ternoa Wallet
In order to use Ternoa Wallet, first you have to download and install the App to your device from the relevant mobile application marketplaces. These marketplaces have their own terms and conditions and we strongly recommend you to read them before downloading any application from these marketplaces.
You must be at least eighteen (18) years old and able to establish legally binding contracts to use Ternoa Wallet. If you are using Ternoa Wallet on behalf of a legal entity, you further represent and warrant that: (a) the legal entity is duly organized and validly existing under the laws of the jurisdiction in which it is constituted; and (b) you are duly authorized to act on its behalf by such legal entity. You may only use Ternoa Wallet if your jurisdiction's laws permit it.
Please ensure that these Terms are in accordance with all applicable laws, rules, and regulations. You represent and warrant that you meet all eligibility conditions set forth in these Terms by using Ternoa Wallet. However, we reserve the right to restrict access or use of Ternoa Wallet to some individuals, and we reserve the right to amend our eligibility requirements at any time.
Ternoa Wallet Account
To use Ternoa Wallet, you must either import or create a Wallet. A private key will be assigned to you when you create a Wallet. You will be solely responsible for any and all activities that occur under your account, as well as for preserving the secrecy of your private key. You undertake to alert us immediately if your password, account, or any other security breach is compromised. We will not be responsible for any loss or harm caused by your failure to follow this paragraph. It is extremely recommended that you take security measures when creating a Wallet to avoid losing access to and/or control over it.
Suggested measures include, without limiting to: (a) creating a strong password that you do not use for any other website or online service, (b) storing your private key and mnemonic (backup) phrase on an external hard drive, (c) maintaining the security of your Wallet by safeguarding the private key and mnemonic (backup) phrase associated with your Wallet by, for example, limiting access to your computer and your Wallet, and (d) notifying us as soon as you find or suspect any security breaches involving your Wallet.
Your Use of Ternoa Wallet
As a user of Ternoa Wallet, we grant you a limited, personal, non-commercial, non-exclusive, non-transferable, and revocable license to use Ternoa Wallet. We ask that you follow a few simple guidelines when using our wallet.
Do not Break the Law: When you use Ternoa Wallet, you commit not to break any applicable local, provincial, state, federal, national, or international legislation. You undertake not to use Ternoa Wallet to pay for, support, or otherwise participate in any unlawful activity, such as illicit gambling, fraud, money laundering, or terrorist activities. We reserve the right to take proportionate disciplinary and, as applicable, judicial actions if we learn that you have broken these Terms or other regulatory requirements. You also acknowledge that you shall not encourage or induce any third party to engage in any of the forbidden actions set out in this section.
Do not Attempt to Harm Our System: You shall not distribute any virus, worms, or any other harmful or disruptive code, mechanism or program through Ternoa Wallet. You also undertake not to take any action that places an unreasonably or disproportionately significant demand on our system or the infrastructure of any of our third-party partners.
Do not Attempt to Circumvent Our Security: You undertake not to circumvent, bypass, or attempt to circumvent any security measures we may use to prevent or restrict access to the crypto wallet services, including, without limitation, other accounts, computer systems, or networks linked to Ternoa Wallet. Without our prior written consent, any use of Ternoa Wallet other than as expressly authorized in these Terms is strictly prohibited, and your license to use Ternoa Wallet will be terminated.
Do not Obstruct Other People's Use of Ternoa Wallet: You agree not to use or attempt to use another user's wallet without their permission, or to use Ternoa Wallet in any way that would interrupt, disrupt, negatively affect, or prevent other users from fully enjoying it.
Intellectual Property Rights
Any and all intellectual property rights ("Intellectual Property Rights") associated with Ternoa Wallet and its contents (including, but without limitation to text, graphics, user interfaces, photos, audio, video, computer code and all other forms of information or data) are the sole property of Capsule Corp, and its affiliates or are licensed for the use of the Capsule Corp. The contents are protected by Intellectual Property Rights and other laws both in France and other countries. Elements of Ternoa Wallet are also protected by trade name, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All customised graphics, icons, and other items that appear on Ternoa Wallet are trademarks, service marks or trade name ("Marks") of Capsule Corp, its affiliates or other entities that have granted us the right and licence to use such Marks and may not be used or interfered with in any manner without our express written consent. Except as otherwise expressly authorised by these Terms, you are not allowed to reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner reuse the contents of Ternoa Wallet in any way without our prior written permission or that of an appropriate third party. Except as expressly provided herein, Capsule Corp does not grant to you any express or implied rights to our Intellectual Property Rights or that of any third party.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS, EMPLOYEES, CONSULTANTS, LAWYERS, AND OTHER PERSONNEL AUTHORIZED TO ACT ON OUR BEHALF BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR: (A) ANY LOST REVENUE, DATA LOSS, LOSS OF ANTICIPATED PROFITS, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM: (I) YOUR USE OF, OR CONDUCT IN CONNECTION WITH, TERNOA WALLET; (II) ANY UNAUTHORIZED USE OF YOUR WALLET ADDRESS AND/OR PRIVATE KEY DUE TO YOUR FAILURE TO MAINTAIN THE CONFIDENTIALITY OF YOUR WALLET; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM TERNOA WALLET; OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER HARMFUL AND DISRUPTIVE CODE THAT ARE FOUND IN TERNOA WALLET OR THAT MAY BE TRANSMITTED TO OR THROUGH TERNOA WALLET BY ANY THIRD PARTY, REGARDLESS OF THE SOURCE OF ORIGINATION, OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF EUR 100.00. THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Disclaimer of Warranty
TERNOA WALLET IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, RELATING TO TERNOA WALLET, UNDERLYING SOFTWARE AND TECHNOLOGY OR ANY CONTENT ON TERNOA WALLET, WHETHER PROVIDED OR OWNED BY US OR BY ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA TERNOA WALLET IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL AND DISRUPTIVE ELEMENTS, OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.
You agree to indemnify and hold us and any of our officers, directors, employees, consultants, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of Ternoa Wallet, (ii) your violation of these Terms, or (iii) your violation of applicable laws or regulations.
We retain the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
We shall not be liable for any delays, failure in performance, or interruptions of service which result directly or indirectly from any cause or condition beyond our reasonable control, including without limiting to: any delay or failure due to an act of civil or military authorities, act of terrorism, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe, or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
Law and Jurisdiction
These Terms, and the relationship between you and us, whether contractual or otherwise, shall be governed by, and construed in accordance with, French law, without regard to its conflict of law provisions.
In the event of any controversy, dispute or claim (collectively “dispute”) between you and us arising out of or in connection with your use of Ternoa Wallet, the parties shall attempt, in good faith, to resolve any such dispute among themselves in an amicable fashion. If the parties are not able to resolve any such dispute within 30 days, then either party may submit such dispute to mediation. If the dispute cannot be resolved through mediation within a month of the submission to mediation, then the parties shall be free to initiate legal proceedings and pursue any right or remedy available to them in which case the competent courts of Bayonne, France will have the jurisdiction to hear the cases.
The provisions of these Terms are independent and severable from each other. If at any time any provision of the Terms is or becomes illegal or unenforceable in any respect under the law of any jurisdiction, this does not affect or impair: a) the legality, validity, or enforceability in that jurisdiction of any other provision of these Terms; nor b) the legality, validity, or enforceability under the law of any other jurisdiction of that or any other provision of the Terms.
Right to Assignment
You agree that we may assign any of our rights under these Terms, as well as transfer, subcontract, or delegate any of our duties. Your agreement to these Terms is personal to you, and you are not permitted to transfer or assign it to anyone else.
Changes to these Terms
We may make changes to these Terms at any time at our sole discretion. Such changes may be done with or without notice. Any such changes will become binding on you upon your first use of Ternoa Wallet after the changes have been implemented. You are therefore advised to check this page from time to time.
In the event of any conflict between the current version of these Terms and any previous versions, the provisions current and in effect shall prevail unless it is expressly stated otherwise.
If you have any questions we would be happy to answer them. Do not hesitate to contact us for any inquiries you might have via this link.