This Terms of Use (“Agreement”) is a binding contract between you (also referred to herein as “user”, “you”, and “your”) and RAD Studio, LTD. (“we”, “us”, and “our”). This Agreement oversees your utilization of the services provided by RAD Studio, LTD., including the Newmoney.AI – Ethereum Wallet App (collectively, the “Newmoney.AI Services”). By accessing the Newmoney.AI Services, you acknowledge that you have read, understood, and agree to be bound by all of the terms and conditions contained in this Agreement. To use the Newmoney.AI Services and/or certain supplementary services offered by third parties via the Newmoney.AI Services, you must be a resident of one of the countries where the applicable Services are supported and be at least 18 years of age or (if higher) the age of majority in your country of residence. We reserve the right to amend this Agreement at any time. Should we do so, we will post the updated Agreement on the Site and indicate at the top of this page the date the Agreement was last revised. Your continued use of the Newmoney.AI Services after any such changes constitutes your acceptance of the new Agreement. IMPORTANT NOTICE: THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER, AS DETAILED IN SECTION 11. PLEASE REVIEW THE AGREEMENT CAREFULLY.
1. Newmoney.AI Services
1.1 Overview
The Newmoney.AI Services encompass a mobile application available on Android OS and iOS, desktop applications, and extensions, enabling you to create or connect a third-party Ethereum-based cryptocurrency wallet to (i) store and send specific supported cryptocurrencies, (ii) track and monitor your cryptocurrency portfolio, monitor real-time market data, (iii) access and use supported decentralized applications or protocols (“dapps”), and (iv) access other services, features, and functionalities that may be introduced over time. Additionally, the Newmoney.AI Services include developer kits to integrate wallet connectivity with third-party dapps. Accessing certain dapps via the Newmoney.AI Services may involve interaction with cryptocurrency markets, boards, or interfaces for complex financial transactions. NOTE: RAD Studio, LTD. provides all information on an “as is” basis and prohibits the redistribution of information displayed or provided by the Newmoney.AI Services.
1.2 Access and Offerings
To initiate a cryptocurrency transfer using the Newmoney.AI Services, you must sign a transfer request. RAD Studio, LTD. relies on the initiation or signature for the transfer and does not have the obligation to verify the validity or accuracy of any transfer initiated by you.
1.3 Market and Third-Party Data
By accessing the Newmoney.AI Services, you may view information related to third-party cryptocurrencies, wallets, staking pools, and liquidity pools. This presentation does not imply any affiliation with or endorsement of third parties, even if access to certain functionalities via the Newmoney.AI Services requires third-party products. The content provided by third-party services and products through the Newmoney.AI Services is based on publicly available information or information provided to us by these third parties, and we do not guarantee the accuracy of such information.
1.4 Third-Party Payment Services
The Newmoney.AI Services offer links to third-party processors for fiat cryptocurrency purchases. When purchasing cryptocurrencies with fiat through these links, you are buying directly from the third-party provider via Apple Pay or a bank account using debit cards. Follow the instructions provided through the Newmoney.AI mobile application and adhere to the third-party provider terms and conditions.
2. The Newmoney.AI Wallet
2.1 Non-Custodial
The Newmoney.AI Wallet is an unhosted and non-custodial wallet for supported cryptocurrencies. You have control over the cryptocurrencies in the Newmoney.AI Wallet. The private keys, akin to the password for cryptocurrency access, are stored on your device. You can withdraw your cryptocurrency to a different blockchain address at any time, provided you have internet access and depending on blockchain congestion. RAD Studio, LTD. does not control your Newmoney.AI Wallet, cryptocurrencies, or private keys. Users bear the risk of losing their private keys and seed phrases, and RAD Studio, LTD. cannot recover such keys or phrases.
2.2 Recovery Phrase
Creating a new wallet with Newmoney.AI Wallet generates a 12-word recovery or seed phrase, unique to you. Losing this phrase means losing access to your Newmoney.AI Wallet and the cryptocurrencies it holds. RAD Studio, LTD. never accesses this recovery phrase and cannot assist in accessing your cryptocurrencies if the phrase is lost. An encrypted iCloud feature is available for backing up your recovery phrase. It is recommended to use this feature and also write down and securely store your recovery phrase.
2.3 Supported Cryptocurrencies
The Newmoney.AI Wallet supports all ERC-20 tokens. Use the mobile app to discover supported cryptocurrencies. Connecting your Newmoney.AI Wallet to exchange cryptocurrencies involves using a decentralized exchange directly from your wallet. Availability of specific ERC-20 tokens may vary.
2.4 Peer-to-Peer Transactions
The Newmoney.AI Services enable the sending, requesting, receiving, and storing of supported cryptocurrencies with third parties via the Site. Transfers of cryptocurrencies between your wallets and third parties are your responsibility, including the payment of adequate network fees to ensure transaction success. RAD Studio, LTD. has no duty to assist in the resolution of transactions initiated incorrectly.
3. Fees and Taxes
By using the Newmoney.AI Services, you agree to pay all applicable fees, including transaction fees for cryptocurrency swaps and bank or card transfers. Additional fees charged by your financial service provider are your responsibility. You are also responsible for determining and paying any applicable taxes. RAD Studio, LTD. reserves the right to update fees displayed on the Site.
4. Risk Factors
4.1 No Insurance
Cryptocurrencies are not legal tender and are not backed by government insurance. Accounts and value balances in the Newmoney.AI Wallet are not covered by FDIC or SIPC protections. RAD Studio, LTD. is not a bank and does not offer fiduciary services. The functionality of the Ethereum network or dapps can lead to transaction delays or failures. RAD Studio, LTD. is not responsible for failed transactions due to network issues.
4.2 New Technology
The technology behind the Newmoney.AI Wallet is new and may have undetected bugs or security vulnerabilities. The software is still under development and may change significantly.
4.3 Information Security Risk
Cryptocurrency and the use of the Newmoney.AI Services are susceptible to theft and hacking attempts. Open-source software underlying the Ethereum protocol and the Newmoney.AI Services may contain bugs or weaknesses that could affect the Services or result in loss.
4.4 No Insurance
Cryptocurrency balances are not insured by the FDIC or SIPC. RAD Studio, LTD. is a software provider and is not regulated by any financial oversight bodies.
5. Availability and Accuracy
We aim to provide high-quality service but do not guarantee uninterrupted service. Information through the Newmoney.AI Services may not always be fully accurate or current and may include errors. Information may be updated without notice. You are responsible for verifying information before reliance.
6. Cancellations and Refunds
Purchases made via fiat or cryptocurrency to buy cryptocurrency are final and non-refundable once the cryptocurrency is sent to the indicated wallet. RAD Studio, LTD. is fully discharged of its obligations upon delivery of the product.
7. Intellectual Property
7.1 Limited License
Content within the Newmoney.AI Services is proprietary to RAD Studio, LTD. Use of the Content is permitted solely for personal use in connection with the Services, provided copyright and other proprietary notices are intact. Unauthorized use of the Content may violate laws and terminate the license granted herein.
7.2 Trademarks
RAD Studio, LTD., Newmoney.AI, and related graphics, logos, and service names are trademarks of RAD Studio, LTD. These trademarks may not be used without prior written permission.
7.3 Copyright Complaints
For copyright infringement claims, contact RAD Studio, LTD. via email at [email protected] or by mail to Intershore Chambers, Road Town, Tortola, British Virgin Islands.
8. General Use, Prohibited Use, Termination
8.1 Prohibited Use
You agree not to engage in unlawful, abusive, fraudulent, or prohibited activities as defined in our Prohibited Use Policy. RAD Studio, LTD. reserves the right to monitor, disclose, or block your wallet address if associated with Prohibited Use.
8.2 Suspension
RAD Studio, LTD. may restrict access to the Newmoney.AI Services due to legal requirements, suspicion of Prohibited Use, litigation risks, service partner limitations, or actions deemed as circumventing the controls of RAD Studio, LTD.
8.3 Not an Offering of Securities
The content on the Site and Services does not constitute an offer to buy or sell investments or financial instruments. RAD Studio, LTD. makes no warranties regarding the advisability of investing in securities or other financial instruments.
8.4 No Advice
RAD Studio, LTD. does not provide investment, legal, or tax advice, nor does it represent itself as a fiduciary or financial advisor. Users should make their own investment decisions and consult with appropriate professionals.
9. Disputes
9.1 Arbitration Agreement – United States
For users in the United States, disputes will be governed by New York law and resolved through arbitration according to the JAMS Comprehensive Arbitration Rules and Procedures. The arbitrator's decision is final and enforceable in court. Parties agree to waive any right to a jury trial and class actions.
9.2 Arbitration Agreement – United Kingdom
For users in the United Kingdom, disputes will be governed by English law and resolved through mediation or arbitration in London according to the LCIA Rules.
9.3 Arbitration Procedures
For users in other territories, they may choose the applicable arbitration agreement from Sections 9.1 or 9.2, otherwise, arbitration will be governed by Irish law and take place in Dublin, Ireland.
9.4 Waiver of Class Action and Jury Trial
Users and RAD Studio, LTD. waive rights to a jury trial and to participate in class actions.
9.5 30-Day Right to Opt Out
Users can opt out of the arbitration agreement within 30 days of first using the Services by emailing [email protected].
9.6 Disclaimers
RAD Studio, LTD. and its affiliates make no warranties about the accuracy or completeness of the Content and will not be liable for errors or omissions in the Content. The Newmoney.AI Services are provided ‘as is.’
9.7 Availability
The Newmoney.AI Services may be temporarily unavailable for maintenance or other reasons. RAD Studio, LTD. is not responsible for any loss or damage resulting from the unavailability of the Services.
9.8 Limitation on Liability
RAD Studio, LTD.'s liability for any damages is limited to the amount paid by the user for the Services or $100, whichever is less. Users are not entitled to damages if no fees are paid.
9.9 Language
Communications under this Agreement must be in English. If there is a conflict between the English version and a translated version, the English version controls.
9.10 Indemnity
Users agree to indemnify RAD Studio, LTD. against any claims related to their breach of this Agreement or violation of any law or third-party rights.
10. Promotions
RAD Studio, LTD. may offer promotions, which are subject to change or cancellation. Users agree that participation in promotions is at their sole risk.
11. General Provisions
11.1 Amendments
RAD Studio, LTD. may amend this Agreement by posting a revised version or emailing users. Continued use of the Services indicates acceptance of the amended Agreement.
11.2 Assignment
Users cannot transfer rights under this Agreement. RAD Studio, LTD. may assign its rights to affiliates, successors, or in connection with a merger or acquisition.
11.3 Export and Sanctions Compliance
Users must comply with all applicable export and sanctions laws.
11.4 Force Majeure
RAD Studio, LTD. is not liable for service delays or failures beyond its reasonable control.
11.5 Links to Other Websites
RAD Studio, LTD. is not responsible for Third Party Sites or Content linked from the Newmoney.AI Services.
11.6 No-Waiver
Failure to enforce any part of this Agreement does not constitute a waiver of RAD Studio, LTD.'s rights.
11.7 Notices
Notices to RAD Studio, LTD. must be sent via email to [email protected].
11.8 Severability
If any part of this Agreement is found invalid, the rest of the Agreement remains in effect.
11.9 Survival
Certain provisions will survive termination of the Agreement, including indemnification, disclaimers, and limitations of liability.
APPENDICES
The Agreement includes policies on Prohibited Use, Prohibited Business, Conditional Use, and E-SIGN Disclosures and Consent. Users must comply with these policies and consent to electronic delivery of communications. Address for RAD Studio, LTD.: Intershore Chambers, Road Town, Tortola, British Virgin Islands. Email: [email protected]. This edited Terms of Use ensures compliance with the specified changes while maintaining the original intent and legal integrity of the document.
