Terms Of Use

Last Updated: July 12, 2022

Skyblock Tech, Lda., BOBAMASK™, and any other affiliate entity or products owned or controlled by Skyblock Tech, Lda (“we,” “our,” “BOBAMASK™,” or “us”) provide its services through its website located at bobamask.io (collectively the “Services” or “BOBAMASK™ ”). Before using our Services, please read the Terms of Use (the “Terms” ), along with any other policies or notices on the BOBAMASK™ website, and our Privacy Policy. Together, these materials contain terms, rules, and guidelines related to your use of BOBAMASK™, and by using our products or accessing our website you agree to be bound by all the Terms of this Agreement.

Overview

Below is a brief summary of the highlights of these Terms.

BOBAMASK™ provides self-hosted wallet software and/or services for Ethereum-based and other blockchains.

By creating or importing a wallet or visiting our website, you agree to our Terms. Please email us at [e-mail] if you have any questions about these Terms or this Agreement.

If you do not agree to all the Terms of this Agreement or any modifications we make to these Terms then you should not use our Services.

Accepting These Terms

By creating or importing a wallet, or visiting our website, you acknowledge that you have read, understood, and agree to these Terms, and the BOBAMASK™ Privacy Policy.

We reserve the right to modify these Terms at any time. Continuing to use BOBAMASK™ following any such changes or modifications signifies your acceptance to be bound by the then-current Terms. If you do not agree to be bound by this Agreement or any modifications, do not use BOBAMASK™.

Eligibility

To be eligible to use BOBAMASK™ or any of our products or services you must be at least eighteen (18) years old and be able to form legally binding contracts in the jurisdiction where you are using BOBAMASK™.

When using BOBAMASK™ on behalf of a legal entity, you warrant that: (a) the legal entity is validly existing under the applicable laws of the jurisdiction of its organization; and (b) you are authorized by the entity to act on its behalf. You can only use our Services if permitted under the laws of your jurisdiction and other applicable laws.

We reserve the right to refuse Services or access to certain persons, at our sole discretion and the right to change our eligibility criteria at any time.

Blockchain Services

BOBAMASK™ is software that:

generates Wallet addresses and encrypted private keys you may use to send and receive Ethereum and other cryptographically secured tokens (the “Virtual Currency”);

• allows users to browse third-party decentralized applications;

• facilitates the submission of Virtual Currency transaction data to Ethereum-based and other blockchain networks without requiring you to download or install the associated blockchain software to your local device.

You understand and acknowledge that the current Version of BOBAMASK™ is a Beta version and that BOBAMASK™ may amend or make changes to the Beta version at any time. BOBAMASK™ will notify users when the final versions is completed.

Wallet Address, Private Key, and Backup Capabilities

BOBAMASK™ allows you to have an encrypted backup of certain information associated with the Wallet stored on your device.

Your private key is connected to your Wallet address. Together they can be used to authorize transfers of Virtual Currency to and from that Wallet Address.

You agree that you are solely responsible for maintaining the security of your private key and any mnemonic or backup phrase associated with your Wallet. You agree to keep your Wallet address, mnemonic or backup phrase, and private key access information secure.

You acknowledge that failure to do so may result in the loss of control of any or all of the Virtual Currency associated with the Wallet.

BOBAMASK™ Cannot and Does Not Assist with Password Retrieval

BOBAMASK™ stores your Wallet address. BOBAMASK™ does not receive or store your Wallet password, encrypted private key, unencrypted private key, or backup phrase associated with your Wallet.

You acknowledge that BOBAMASK™ cannot and does not assist you with Wallet password retrieval.

You acknowledge that BOBAMASK™ cannot generate a new password for your Wallet if you fail to remember your original password.

You accept and acknowledge that any Virtual Currency you have associated with such a Wallet address becomes inaccessible if you do not have your Wallet password.

Virtual Currency Transactions

Virtual Currency transactions must be confirmed and recorded in the Virtual Currency’s associated public blockchain. Such networks are decentralized, peer-to-peer networks supported by independent third parties, which BOBAMASK™ does not own, control, or operate. BOBAMASK™ has no control over Ethereum or any other blockchain network, and cannot and does not ensure that any transaction details that you submit via our Services will be confirmed and processed.

By using BOBAMASK™, you acknowledge and agree that the transaction details you submit may not be completed, or may be substantially delayed, by the blockchain networks.

BOBAMASK™ Does Not Store or Transmit Virtual Currency

BOBAMASK™ does not store, send, or receive Virtual Currency. Any transfer that occurs in any Virtual Currency occurs on a blockchain network not owned or controlled by BOBAMASK™. We do not guarantee that BOBAMASK™ can affect the transfer of title or right in any Virtual Currency.

Accuracy of Information Provided by User

You represent and warrant that any information you provide via the Services is accurate and complete. You accept and acknowledge that BOBAMASK™ is not responsible for any errors or omissions that you make in connection with any Virtual Currency transaction. You agree to review and verify your transaction details carefully before attempting to transfer a Virtual Currency.

Account Information and Wallet Registration

You must either import or create a Wallet in order to use BOBAMASK™.

When you create a Wallet, you will be assigned a private key and will be prompted to download and save a keystore - your private key that is encrypted with a password.

You agree that you are responsible for maintaining the confidentiality of your private key and keystore, and for any and all activities that occur under your account.

You agree to immediately notify BOBAMASK™ of any unauthorized use of your password, account, or any other breach of security. You agree that BOBAMASK™ is not liable for any loss or damage arising from your failure to comply with these Terms.

You agree to take necessary precautions to avoid loss of access to and/or control over your Wallet. For example, some precautionary measures include:

• creating a strong password that you do not use for any other website or online service;

• using the backup functionality provided by the BOBAMASK™;

• safeguard your private key and mnemonic (backup) phrase on an external hard drive;

• promptly notifying us if you discover or suspect any security breaches related to your Wallet.

Payment and Fees

BOBAMASK™ does not currently charge any fees for any of its Services. However, we reserve the right to do so in the future. If we charge any fee for any service, the fee will be displayed prior to you using any service to which a fee applies.

Transaction

Once transaction details are submitted via the Services, we cannot assist you in canceling or otherwise modifying your transaction. BOBAMASK™ has no control over any blockchain networks and cannot facilitate any cancellation or modification requests. You acknowledge and agree that BOBAMASK™ will not be liable for any failed transactions due to insufficient funds associated with your BOBAMASK™ account.

Taxes

You agree that you are responsible for determining and paying all lawful and applicable taxes and tax liabilities generated by your use of your account and Wallet. You agree that BOBAMASK™ is not responsible for collecting, reporting, withholding, or remitting any taxes arising from any Virtual Currency-related transactions.

Third-Party Services and Content

In no event shall a description, hyperlink, or reference by BOBAMASK™ to a third party’s product or service be construed as an endorsement or promotion of such third-party products or services.

We retain the exclusive right to modify or cancel the availability of any Third Party Service. You are fully responsible for all acts or omissions of any third party with access to your BOBAMASK™ account. ‍

Intellectual Property Rights

BOBAMASK™ was developed using proprietary software and some open-source software and applications, the combination of which is protected by applicable intellectual property rights and laws.

BOBAMASK™ Services and products also contain copyrighted material and trademarks including, text and graphics (“Content”), which are protected by copyright law, registered and unregistered trademarks, and other intellectual property rights. Unless otherwise provided, we exclusively own this Content. BOBAMASK™ does not grant you any right, title, or interest in the Content. You acknowledge and agree that you will not copy, transmit, distribute, sell, license, create derivative works from, or, in any other way, exploit any of the Content.

Using BOBAMASK™

As a user of the Services, we grant you a limited, personal, non-commercial, non-exclusive, non-transferable, and revocable license to use BOBAMASK™. When using our Services, you agree to follow the rules below:

Only Lawful Use. You agree that you will not violate any local, provincial, state, federal, national, or international laws that may apply to you. You agree that you will not use BOBAMASK™ Services in any illegal activities including illegal gambling, fraud, money laundering, or terrorist activities. If we discover that you have violated this Agreement or other regulatory requirements, we will take appropriate legal action. You further agree not to encourage or induce any third party to engage in any prohibited activities .

Non-Interference. You agree that you will not use or attempt to use another user’s Wallet without authorization or use our Services in any manner that could interfere, disrupt, negatively affect, or inhibit other users from fully enjoying it.

No Harm to Our System. You agree not to distribute any virus or other harmful or malicious computer code into or through BOBAMASK™.

No Circumvention of Our Security. You agree not to bypass, circumvent, or attempt to bypass or circumvent any measures that we may use to prevent or restrict access to the Services including other accounts, computer systems, or networks connected to the Services. Any use of BOBAMASK™ other than as specifically authorized in this Agreement is strictly prohibited and will terminate your license to use BOBAMASK™.

Limitation of Liability and Disclaimer of Warranties

You understand, acknowledge, and agree that BOBAMASK™ has no control over and no duty to take any action regarding:

• Failures, disruptions, errors, or delays in processing Virtual Currency that you may experience while using the Services;

• The risk of failure of hardware, software, and Internet connections;

• The risk of malicious software being introduced or found in the software underlying BOBAMASK;

• The risk that third parties may obtain unauthorized access to information stored within your Wallet; and

• The risk of unknown vulnerabilities in or unanticipated changes to any blockchain network that you may use.

You hereby release BOBAMASK™, and all affiliated entities, from any and all liability related to any losses, damages, or claims arising from:

• user error such as forgotten passwords incorrectly constructed transactions, or mistyped Virtual Currency addresses;

• server failure or data loss;

• unauthorized access to the BOBAMASK™ application;

• bugs or other errors in the BOBAMASK™ software; and

• any unauthorized third-party activities, including, but not limited to, the use of viruses, phishing, brute-forcing, or other means of attack against BOBAMASK™.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BOBAMASK OR ANY OF OUR OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS, SERVANTS, COUNSEL, EMPLOYEES, CONSULTANTS, LAWYERS, AND OTHER PERSONNEL AUTHORIZED TO ACT, ACTING, OR PURPORTING TO ACT ON OUR BEHALF (COLLECTIVELY THE “BOBAMASK PARTIES”) BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR: (A) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, 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, OUR SERVICES; (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 THE SERVICES; OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT ARE FOUND IN THE BOBAMASK SOFTWARE OR THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES 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: (I) FEES PAID TO US FOR THE APPLICABLE PRODUCTS; OR (II) $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. IF YOUR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Warranty Disclaimer

BOBAMASK IS PROVIDED TO YOU "AS IS" AND WITHOUT WARRANTY OR AUDIT OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES AND UNDERLYING SOFTWARE OR ANY CONTENT ON THE SERVICES, WHETHER PROVIDED OR OWNED BY BOBAMASK, THE BOBAMASK PARTIES, OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THE SERVICES IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, 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.

Indemnity

To the extent permitted by applicable law, you agree to defend and hold harmless BOBAMASK™ parties from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising from:

• your use of and access to BOBAMASK™ Services;

• any feedback or submissions you provide to us concerning BOBAMASK™;

• your violation of any term of this Agreement; or

• your violation of any law, rule, or regulation, or the rights of any third party.

Time Limitation for Claims

You agree that any claim you may have arising out of or related to your use of BOBAMASK™ Services or products must be filed within one year after such claim arises, otherwise, your claim is permanently barred.

Governing Law

You understand, acknowledge, and agree that this Agreement and all of its terms will be governed by the laws of Portugal.

If any provisions of these Terms are inconsistent with any applicable law, those provisions will be superseded or modified only to the extent such provisions are inconsistent.

You agree that should you have a dispute with BOBAMASK™, or any of its affiliated entities, you will use your good faith and best efforts to resolve the dispute directly with BOBAMASK™. If you are unable to resolve such a dispute you agree to pursue any claims against BOBAMASK™ through binding arbitration in the European Court of Arbitration and you agree to be bound by those decisions.

Termination

In the event of termination concerning your license to use BOBAMASK™, your obligations under this Agreement will still continue. Your access to the funds in your Wallet after termination will depend on your access to your backup of your Wallet address and private key.

Discontinuation of Services

BOBAMASK™ may, in its sole discretion and without prior notice, modify or discontinue, temporarily or permanently, any portion of our Services.

You are solely responsible for storing outside of the Services a backup of any Wallet address and private key pair that you maintain in your Wallet.

If you do not maintain a backup of your Wallet data outside of the Services, you will not be able to access the Virtual Currency associated with your Wallet. BOBAMASK™ shall not be held responsible or liable for any loss of Virtual Currency in the event that we discontinue the Services.

No Waiver

Our failure to exercise or delay in exercising any right, power, or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof.

Severability

If any part of this Agreement is judged or declared invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms.

ARBITRATION & WAIVER OF CLASS ACTION The parties agree to arbitrate any dispute arising from this Agreement or your use of the Services on an individual basis. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. THE PARTIES HEREBY EXPRESSLY WAIVE TRIAL BY JURY. The parties agree that any arbitration will occur through the European Court of Arbitration and will be confidential.

THE PREVAILING PARTY IN ANY ACTION OR PROCEEDING TO ENFORCE THESE TERMS SHALL BE ENTITLED TO COSTS AND ATTORNEYS' FEES. THE ARBITRAL DECISION MAY BE ENFORCED IN ANY COURT. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND BOBAMASK WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION OR PROCEEDING.

Force Majeure

BOBAMASK™ shall not be held 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 but not limited to: any delay or failure due to any act of God, an act of civil or military authorities, an 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, pandemic, or other catastrophes, or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.

ASSIGNMENT

You agree that we may assign any of our rights and obligations under this Agreement. Your agreement to these Terms is personal to you and you may not transfer or assign it to any third party.

Entire Agreement

This Agreement sets forth the entire understanding and agreement as to the subject matter hereof and supersedes any and all prior discussions, agreements, and understandings of any kind (including, without limitation, any prior versions of this Agreement) and every nature between us. Except as provided for above, any modification to this Agreement must be in writing and must be signed by both parties.

Question and Comments

We want to hear from you. Please send your comments, questions, concerns, or suggestions to [e-mail]