Terms & Conditions

1. RIGHTS AND OBLIGATIONS

The following terms and conditions (the “Terms”) constitute a binding agreement between Ichibah trading Limited, a limited company registered under the laws of Hong Kong, registered address at 305 St Georges Buiding 2 Ice House Street, Hong Kong (the “Company”), and with the person, and/or persons, and/or entity (“You” or “Your”) accessing and/or using the Company's decentralized blockchain wallet (as described below in chapter 2);

all such services referred to as the “Services”.

By accessing and/or using the Services, You have read, understood, and accepted all of the following Terms and agree to be legally bound by these Terms, in their most recent version; You further represent and warrant that: (i) You are of legal age to enter into a binding agreement; and (ii) if You represent a corporation, governmental organization or other legal entity, You have the right, power and authority to enter into these Terms on behalf of such corporation, governmental organization or other legal entity and to legally bind it to these Terms.

Your access and/or use of the Services is contingent upon Your acceptance of these Terms.

the Company may amend these Terms at any time. Amendments will be effective 14 (fourteen) days after the modified terms and conditions have been posted on the Company's website at milawallet.com or on the Company's web apps, except for amendments that relate to new features or made for legal reasons, which will become effective immediately. If You do not agree to such modified terms, You should discontinue Your use of the Services.

2. SERVICES

THE WALLET

the Company enables You to create one or more digital multi-signature, non-custodial, cryptocurrency wallets for certain supported cryptocurrencies and digital assets (the “Wallet”) that lets You store, send, request and receive supported cryptocurrencies and digital assets. All transactions requested and/or made through the Wallet are irreversible.

The Wallet is not and shall not be deemed as an account where the Company or other third parties serve as custodians of Your cryptocurrencies or digital assets. The Wallet is only for use with Bitcoin (BTC), or Ether (ETH), or Binance Coin (BNB) and with any other cryptocurrencies or digital assets that the Company may explicitly decide to support in the future at its sole discretion. The Company has no obligation to support any cryptocurrencies or digital assets (including but not limited to any forkcoins, altcoins, airdrops or any other cryptocurrencies or digital assets, however named). The Company takes no responsibility or liability in connection with any attempt to use Your Wallet for cryptocurrencies or digital assets other than the supported cryptocurrencies and digital assets.

By accessing and/or using the Services, You acknowledge and agree that the Company can't guarantee the confirmation of any transaction on any blockchain network. The Company has no control over any blockchain network.

While the Wallet has undergone beta testing and continues to be improved through feedback from its users, the Company cannot guarantee that there will be no errors and/or bugs in the functioning of the Wallet.

the Company provides You with the means to secure Your Wallet and help ensure You, and only You, are able to access and transact through Your Wallet, including mnemonics, personal identification numbers (PINs) and private key pairs. The Company does not store or have access to Your mnemonics, PINs or private key pairs. You shall be solely responsible for safekeeping Your mnemonics, PINs, private key pairs, and any other means of authentication You use to access Your Wallet. If You lose such means of authentication, the Company has no way to recover them for You. As a consequence of such loss, You may permanently lose access to any cryptocurrencies or digital assets You have stored in Your Wallet.

3. IMPORTANT WARNINGS ABOUT THE WALLET

The Company's Wallet allows You to initiate and manage cryptoasset transactions on blockchains and similar networks compatible with the Wallet ("compatible networks"). Dealing or trading in cryptoassets is inherently risky, as the prices of cryptoassets can change rapidly. The Company cannot guarantee that the value of any cryptoassets that You purchase will not fall. The Company does not provide any investment advice. For the avoidance of doubt, it is Your obligation to understand the specific risks of the cryptoassets in which You participate.

a. Keys management

The wallet that executes Your cryptoasset transactions is only accessible through a combination of a particular public key, which may be disseminated widely and is used by the market to identify the owner of a cryptoasset on a pseudo-anonymous basis, and a private key, which is known only to the owner, and is the only thing that can be used to transact with cryptoassets held in a wallet. Together, the private key and public key form Your unique identifier on the relevant blockchain network (Your "Public and Private Key Pair"). Your Public and Private Key Pair will be created when You download and set up the Wallet.

You will need this Public and Private Key Pair to use Your wallet and to carry out transactions and manage Your cryptoassets (whether through the Wallet or not). Your Public and Private Key Pair will be paired with and stored on the Device on which You download and install the Wallet (Your "Device"). You will therefore need to keep Your Device safe and secure in accordance with best practices recommended by the provider of Your operating system, such as setting up a "strong" PIN to prevent unauthorised access and ensuring that You keep Your software up to date.

You are responsible for ensuring that Your Device is secure. Do not use the Wallet on a Device that has been "jailbroken", "cracked", "rooted" or otherwise had restrictions in the software removed, as this may compromise the security of Your Public and Private Key Pair.

Each Public and Private Key Pair is unique and can only be recovered using a specific "recovery code" (also known as a "Seed", “Seed Phrase”, or "Mnemonic"). This code is made up of a series of 12 or 24 random words which will be given to You when You open and set up the Wallet.

You should never give Your Public and Private Key Pair or Your recovery code to any other person, as this will enable them to execute transactions using Your wallet. The Company will never ask You to share the private key of Your Public and Private Key Pair or Your recovery code. The Company will not be responsible for any losses You might suffer from disclosing Your Public and Private Key Pair or recovery code to another person.

If You lose Your Device, or if Your Device is stolen, You will lose access to Your Public and Private Key Pair and will need to recover it using Your unique recovery code. The Company does not store Your recovery code - You must write it down and store it somewhere safe.

Do not store Your recovery code on Your Device. If You lose Your Device and/or Your recovery code, You will not be able to recover Your Public and Private Key Pair and You will lose access to Your wallet and cryptoassets. The Company will not be responsible for any losses You may suffer if You lose Your Device or recovery code. Please note that, if You delete the Wallet from Your Device, or if You disable the security features on Your Device, Your wallet will no longer be paired with Your Device and Your Public and Private Key Pair will be removed from Your Device's storage. To recover Your Public and Private Key Pair, You will need to use Your recovery code. The Company will not be responsible for any losses You might suffer as a result of losing Your Public and Private Key Pair if You delete the Wallet. Completion of transactions that You initiate through the Wallet also depends on the availability and operation of the relevant compatible network You interact with using the Wallet. Errors or forks in the compatible network may cause transactions that You initiate through the Wallet to fail. This may mean that the transaction You were originally intending to perform will no longer be available. Unfortunately, due to the decentralised nature of these networks and blockchain technology, there is no one single point of failure, and so neither the Company nor any particular party will be responsible to You for errors or any losses that You suffer as a result.

b. Network fees

In order to execute transactions on certain compatible networks, You will need to pay network fees. For instance, if You execute transactions on the Ethereum network, this is known as "gas". The network fees are set by the operators of the relevant compatible network and can fluctuate depending on the level of congestion on that compatible network. Transactions might fail if the network fee for that transaction is set too low.

The Company will set the network fees for the transactions that You initiate through Mila wallet to account for current and foreseeable congestion levels and will notify You if the relevant compatible network is busy. However, there may be unexpected spikes in the usage of that network that can cause the network fees to increase suddenly above the price that The Company set for Your transactions. The Company will notify You if a transaction fails as a result of the network fees for that transaction being set too low. If the transaction You are trying to perform is on Ethereum or Binance Smart Chain, The Company will do our best to identify this and replay the transaction with a higher network fee. However, The Company will not otherwise be responsible to You for any losses that You suffer as a result of any transaction through the Wallet failing as a result of the network fees being set too low.

4. ANTI MONEY LAUNDERING AND COUNTER TERRORIST FINANCING

Decentralized services, such as the Services, are currently excluded by law from any identification duty. However, the legal environment is still under development. Regulatory authorities are carefully scrutinizing businesses and operations associated with cryptocurrencies in the world. The Company's business model may change because of new legal, regulatory and compliance requirements from any applicable laws in any jurisdiction, even with retroactive effect, especially for KYC (Know Your Customer) and Anti Money Laundering (AML) laws and regulations. In such a case the Company is committed to applying the AML legislation providing You with safe, compliant, and reputable service. This includes monitoring of suspicious transactions and mandatory reporting to the supervisory authorities. In addition, pursuant to the AML rules, the Company shall keep certain information and documentation on file for a period of five years after the termination of the relevant business relationship or from the completion of the relevant transaction.

In such a case the Company will ask, verify, and record information identifying any person accessing and/or using one or both Services according to the applicable legal requirements. Therefore, to access and/or use of certain Services You may have to follow a KYC (Know Your Customer) process in order to verify Your identity. In such a case the Company will ask You to verify Your Identity, where You have to provide true, current and complete information about Yourself. If You are a representative of a corporation, governmental organization or other legal entity, You must prove that You have the right, power and authority to enter into these Terms on behalf of the corporation, governmental organization or other legal entity and to legally bind it to these Terms.

In addition, the Company may require You to provide documentation to verify the information You have submitted to the Company including, without limitation, an identification card or a passport, a utility bill, a bank statement or any document proving Your identity issued by a governmental body.

Moreover, Your access and/or use of the Services is subject to international economic sanctions requirements. By accessing and/or using the Services, You agree that You will comply with those requirements. In particular, You shall not access and/or use the Services if: (1) You are in, under the control of, or a national or resident of a country subject to United States embargo or UN sanctions (a “Sanctioned Country“), or if You are a person on the sanctions/embargoes list published by the Office of Financial Intelligence Directorate (FID) (a “Sanctioned Person“); or (2) You intend to supply any cryptocurrencies or digital assets to a Sanctioned Country (or a national or resident of a Sanctioned Country) or Sanctioned Person.

5. SERVICE LIMITATIONS AND MODIFICATIONS

the Company will make reasonable efforts to keep the Services operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, the Company reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Services, with or without notice, without liability to You, for any interruption, modification, or discontinuation of the Services or any function or feature thereof.

6. KNOWLEDGE REQUIRED

By accessing and/or using the Services, You represent and warrant that (i) You fully understand and have significant experience of cryptocurrencies, digital assets, blockchain systems and services, and (ii) You fully understand the risks associated with the trading of cryptocurrencies and digital assets as well as the mechanics related to the use of such cryptocurrencies and digital assets (including with respect to their storage and exchange).

By accessing and/or using the Services, You acknowledge that trading markets are extremely volatile and shift quickly in terms of liquidity, market depth, and trading dynamics. There is no guarantee against losses for accessing and/or using the Services. By accessing and/or using the Services, You represent and warrant that You are not entering into transactions that are above Your financial abilities. Also, cryptocurrencies and digital assets are not suitable for people without the relevant knowledge and/or experience. By accessing and/or using the Services, You further represent and guarantee that You are aware of the risks related to cryptocurrencies and digital assets, for which You are solely responsible and liable.

7. INTELLECTUAL PROPERTY RIGHTS

You acknowledge and agree that the Services are the property of the Company or its licensors. Subject to Your compliance with these Terms, the Company grants You a limited right to access and/or use the Services. The right to access and/or use the Services is a non-exclusive, non-transferable, revocable, limited licence, and it is subject to the limitations and obligations contained herein. Nothing in these Terms gives You any licence (other than as set out in this section), right, title, or ownership of, in, or to any of the Services.

You acknowledge and agree that the Company retains all rights, title, and interest in and to all copyrights, trademarks, trade secrets, patents, and any other proprietary rights in the Services, the software and application programming interfaces (APIs) comprising the Services, and all content therein. You acknowledge and agree that “Ichibah trading Limited” and/or “milawallet.com”, are service mark, and/or logo, and/or graphics and/or trademark/s registered of the Company.

8. DATA PROTECTION

In order to provide You with the Services, You acknowledge and agree that the Company may collect, store and process Your personal data and/or information. By accessing and/or using the Services, You have read, understood, and accepted to the terms of the Company's privacy policy, and You acknowledge and agree that the Company may use such data and/or information in accordance with the terms of its privacy policy.

You acknowledge and agree that the Company may transfer the information collected as part of the KYC process to other companies affiliated to the Company, including to foreign entities, for the purposes of accessing the services provided by those entities. However, in general, the Company will ask Your permission through the Company Identity service before transferring Your personal information to other group entities.

9. TERMINATION

the Company may terminate these Terms or suspend Your access to the Services at any time, including, without limitation, in the event of Your alleged or actual misuse of the Services or breach of these Terms.

If You or the Company end Your use of the Wallet, You will lose any rights You have to use the Wallet. This will not affect Your right to use Your wallet using other service provider; however, if You delete the Mila wallet from Your Device, or disable any security settings on Your Device, Your Mila wallet will no longer be paired to Your Device and Your Public and Private Key Pair will be removed from Your Device's storage. The Company will not offer You compensation for any losses You might suffer as a result.

10. LIMITATION OF LIABILITY

the Companys non-custodial wallet is not subject to the supervision of The Financial Supervision Commission (FSC). The Company's activity is not covered by the Financial Services Compensation Scheme.

In no event will the Company, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for any loss or damages, including without limitation, direct, indirect, special, consequential, or punitive loss or damages, arising from or related to Your use of the Services, whether in an action of contract, tort or otherwise, and regardless of whether such damages were foreseeable and whether or not the Company was advised of the possibility of such damages.

Without limiting the generality of the foregoing, the Company takes no responsibility for and will not be liable for any financial or other loss or damages arising from or related to the use of the Services, including, without limitation, to any of the following: (i) loss of or inability to access or transact data, cryptocurrencies or digital assets; (ii) technical failure, malfunction or shutdown; (iii) server failure, hacks or unavailability; (iv) data loss; (v) stolen, lost, or unauthorized use of Your means of authorization; (vi) errors calculating network fees; (vii) corrupted data on the Company's servers; (viii) incorrectly constructed transactions or mistyped wallet addresses; (ix) failure to update or provide correct information; (x) “phishing” or other websites masquerading as the Company; (xi) delays, interruption or loss of services; (xii) loss of business or goodwill.

The Services support or are integrated with third party services. The Company takes no responsibility for any third-party services and will not be liable for any loss or damages caused by such third-party services.

The Services are provided on an “as is” and “as available” basis without any representation or warranty of any kind, whether express or implied, to the maximum extent permitted by applicable laws. The Company disclaims any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement.

In no event will the aggregate liability of the Company, arising out of or related to these Terms and/or the Services, exceed the amount of EUR 55 (fifty five EUR).

11. RESTRICTIONS

By accessing and/or using the Services, You acknowledge and agree that You shall not use the Services if applicable laws, based on Your country of location, residency and/or citizenship, prohibit You from doing so in accordance with these Terms.

By accessing and/or using the Services, You acknowledge and agree that You shall not use, or assist third parties to use, the Services any way which may constitute a contravention of applicable laws or which may contradict the purposes or hinder the operations of the Services or hinder the operations of other users of the Services.

Without limitation to the foregoing, You acknowledge and agree that You shall not use, or assist third parties to use the Services to, without limitation, avoid taxes, engage into activities that may amount to market abuse (including, without limitation, front-running, wash trades, etc.), engage into illegal gambling, frauds, money laundering or terrorist activities.

12. INDEMNIFICATION

To the fullest extent permitted under applicable laws, You agree to hold harmless and indemnify the Company, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors from and against all third party claims and all liabilities, damages, assessments, losses, costs, or expenses (including reasonable attorney fees) resulting from or arising out of (i) Your alleged or actual breach of these Terms, including, without limitation, Your express representations and warranties; (ii) Your alleged or actual use or misuse of the Services; and (ii) Your alleged or actual infringement or violation of any laws or of the rights of a third party.

13. TAXES

You shall be solely responsible for any taxes applying to the payments You make or receive trough the Services, and to collect, report, and remit such taxes to the appropriate tax authorities.

14. SANCTIONED COUNTRIES

As described and updated from time to time by the Office of European Union sanctions at https://www.eeas.europa.eu/eeas/european-union-sanctions_en#10704

15. MISCELLANEOUS

A. ENTIRE AGREEMENT

These Terms constitute all the terms and conditions agreed upon between You and the Company and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral.

B. SEVERABILITY AND WAIVER

Unless as otherwise stated in these Terms, should any provision of these Terms be held totally or partially invalid or unenforceable, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of these Terms, and the application of that provision shall be enforced to the extent permitted by applicable laws. The failure of the Company to exercise or enforce any of the rights or provisions of these Terms shall not considered as a waiver of the Company's rights to do so.

C. ASSIGNMENT

the Company may assign these Terms and/or delegate any of its obligations hereunder, in whole or in part. You may not assign these Terms or any part of them, nor transfer or sub-license Your rights under these Terms to any third party.

D. NO PARTNERSHIP

Nothing contained in this Agreement shall be deemed or construed to create a principal and agent, partnership or joint venture relationship between You and the Company.

E. FORCE MAJEURE

the Company will not be deemed in default of these Terms to the extent that performance of its obligations is delayed or prevented by reason of any external force including, without limitation, war, insurrections, bank failures, strikes, fires, floods, earthquakes, labour disputes, epidemics, governmental regulations, freight embargoes, natural disaster, act of government or any other cause beyond the Company reasonable control.

F. GOVERNING LAW AND JURISDICTION

The Terms for the Wallet services offered by the Company are subject to and governed by Bulgarian law. All disputes arising from or under these Terms shall be subject to the exclusive jurisdiction of the competent courts of Hong Kong.

G. NO CLASS PROCEEDINGS

You will only be permitted to pursue claims against the Company on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and You will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

H. TIME BAR

You acknowledge and agree that any claim or cause of action arising out of or in connection with the Services shall be commenced within 1 (one) year after its accrual; thereafter, any such claim or cause of action shall be permanently barred.

I. CONTACTS

If You have any questions regarding these Terms, please contact us at [email protected].