Portal Wallet Terms & Conditions

Last Update:  Match 26, 2024

Introduction

Welcome to Portal Wallet. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:

Email: legal@portalcoin.xyz These Terms of Use (the “Terms”) are a binding contract between you and Portal Panama Services  ( Portal Wallet) (“Portal Wallet, Portal ,” “we” and “us”). Your use of the Services in any way, whether through our website or a third party platform, means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. If you are using the Services on behalf of an organization or entity, you agree that you are authorized to agree to these Terms on such organization’s or entity’s behalf (in which case, all references to “you” and “your” hereunder include such organization or entity). These Terms include the provisions in this document as well as those in our Privacy Policy. Your use of or participation in certain Services may also be subject to additional terms, policies, rules and/or conditions (“Additional Terms”), which, to the extent applicable, are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with these Additional Terms. Please read these Terms carefully. They cover important information about Services provided to you. These Terms include information about future changes to these Terms, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Will these Terms ever change?

We are constantly trying to improve our Services, so these Terms may need to change along with our Services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site located at www.Portalcoin.xyz, send you an email, and/or notify you by some other means.

If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services but you will be able to export data in that case. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

What about my privacy?

Portal Wallet takes the privacy of its users very seriously. We work to minimize the data we take on and ensure it only goes to its intended audience who are eighteen (18) years old or above. Children's Online Privacy Protection Act

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under thirteen (13). We do not knowingly collect or solicit personally identifiable information from children under sixteen (16). If you are a child under sixteen (16), please do not attempt to register for or otherwise use the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under sixteen (16), we will delete that information as quickly as possible. If you believe that a child under sixteen (16) may have provided us with personal information, please contact us at legal@portalcoin.xyz.

What does Portal Wallet do for me?

Portal Wallet provides a core Service to its customers: authentication, embedded smart accounts (or Wallet as a Service) Concretely, this means that Portal Wallet may be responsible for authenticating you with a service, providing you with an embedded smart account to easily transact and access on-chain systems specifically tailored for internal game operations.

What are the basics of using Portal Wallet?

Portal Wallet provides you with the ability to create embedded smart accounts, connect your own to an app This includes intangible mediums which secure sets of cryptographic keys enabling you to sign arbitrary messages on behalf of third-party applications, which is essential for the management of digital assets, including but not limited to, the signature of blockchain-based transactions.

Additionally, Portal Wallet introduces the Transaction Cloud, a server designed to manage and optimize transactions generated by the client, providing a seamless and efficient transaction experience. This aligns with the provision of smart accounts, as both services facilitate your engagement with blockchain-based systems.

You may be required to sign up for an account and select a password. You promise to provide us with accurate, complete, and updated registration information about yourself. You agree that you will not set up an account with the intent to impersonate another person. When you create a smart account, you will be able to generate user entropy, a random sequences of phrases, characters, or numbers (“Secret”) to generate encrypted private keys to protect that smart account. You should safeguard your Secret as you are able to use it alongside your login credentials to recover your smart account if you lose access to it. You are responsible for storing and safeguarding the Secret, any passwords, private keys, recovery phrases and other credentials associated with use of smart accounts (“Credentials”), and you agree to use commercially reasonable efforts to prevent unauthorized access to, or use of, smart accounts and all other accounts through the Services. Please note that Portal Wallet does not store any smart account or unencrypted Secret in any Portal Wallet system and never has access to your unencrypted Secret, private key or recovery phrase. You acknowledge that Portal Wallet only provides self-custodial (i.e., non-custodial) smart accounts and Portal Wallet does not store or have access to your smart accounts, Credentials or assets contained in smart accounts. Accordingly, Portal Wallet cannot assist with retrieving any such Credentials. Signatures for your smart account can only be generated with you logged in to an app. Any unauthorized access to a smart account could result in the loss or theft of any asset that may be held in the Walle If you notice any unauthorized or suspicious activity in smart account(s) or accounts that are related or linked to the Services, you agree to notify Portal Wallet immediately through your account or by emailing us. Portal Wallet will never act as a custodian of your smart account or Credentials and will never have the power to make any transactions on your behalf. Neither Portal Wallet nor its employees will ever ask you for information about your smart account Secret or other details that could be used to take full control over your smart account. You are responsible at all times for the acts and omissions of any person who accesses an account or smart account provided through the Services.

Additionally, you may be able to access certain parts or features of the Services by using your account credentials from other services (each, a “Third Party Account”), such as those offered by Google, Twitter, Apple, GitHub and Discord. By using the Services through a Third Party Account, you permit us to access certain information from such an account for use by the Services. You are ultimately in control of how much information is accessible to us and may exercise such control by adjusting your privacy settings on your Third Party Account.

You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and have gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization’s or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).

You will only use the Services for your own internal use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you and in accordance with any documentation provided or made available by Portal Wallet. If your use of the Services is prohibited by applicable laws or not in accordance to these Terms or any documentation provided or made available by Portal Wallet, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law or is not permitted by these Terms or other documentation.

You will not share your Credentials, Portal Wallet User ID, account or password with anyone, and you must protect the security of your Credentials, Portal Wallet User ID, account, password and any other access tools or credentials. You’re responsible for any activity associated with your Portal Wallet User ID and account.

What about Transactions I sign through a Portal Wallet smart account?

The Portal Wallet smart account enable you to access third-party applications, including DAPPs and DEXs, which may allow you to swap or trade digital assets. The Transaction Cloud supports these activities by managing and optimizing the transactions generated. Portal Wallet is not responsible for your access or use of any DAPP or DEX. Your use of any DAPP or DEX, as well as interactions through the Developer Account or smart account, is subject to the terms and conditions of the third-party DAPP or DEX provider.

Transactions associated with your smart account or Developer Account may require the payment of "gas" or other transaction fees, which are optimized by the Transaction Cloud. You are responsible for ensuring that you have adequate funds in your accounts to complete transactions. You acknowledge and agree that we will not be liable for any failed transactions due to insufficient funds or any issues that arise outside the purview of the Transaction Cloud’s optimization processes.

You agree that you will not use your smart account to pay for, support, or otherwise engage in any illegal activities including, but not limited to, purchases or sales of illegal goods or services, fraud, money laundering, or terrorist activities. If we discover that you have violated any applicable laws or regulatory requirements, we reserve all of our rights and remedies under these Terms and at law and will take all necessary actions against you. The use of your smart account may be legally prohibited or technically restricted in certain territories and countries. You are solely for determining, and complying with, all laws, rules and regulations applicable to you.

What about messaging?

As part of the Services, you may receive communications through the Services, including messages that Portal Wallet sends you (for example, via email). When signing up for the Services, you will receive a welcome message and instructions on how to stop receiving messages. By signing up for the Services and providing us with your wireless number, you confirm that you want Portal Wallet to send you information regarding your account or transactions with us, which may include Portal Wallet using automated dialing technology to text you at the wireless number you provided, and you agree to receive communications from Portal Wallet, and you represent and warrant that each person you register for the Services or for whom you provide a wireless phone number has consented to receive communications from Portal Wallet. You agree to indemnify and hold Portal Wallet harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.

Are there restrictions in how I can use the Services?

You represent, warrant, and agree that you will not provide or contribute anything, including any Content (as that term is defined below), to the Services, or otherwise use or interact with the Services, in a manner that:

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

What are my rights in the Services?

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Portal Wallet's) rights.

Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services and in accordance with any documentation or other agreements provided or made available by Portal Wallet. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that Portal Wallet owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.

Who is responsible for what I see and do on the Services?

Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk, and we aren’t liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.

The Services may contain links or connections to, or be provided on, third-party platforms or websites or services that are not owned or controlled by Portal Wallet, including any DAPP or DEX that you use to transact in digital assets. When you access third-party websites or platforms or use third-party services, you accept that there are risks in doing so, and that Portal Wallet is not responsible for such risks.

Portal Wallet has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, Portal Wallet will not and cannot monitor, verify, censor or edit the content of any third-party site or service. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.

Your interactions with organizations and/or individuals found on or through the Services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Portal Wallet shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on this site or Services, or between users and any third party, you agree that Portal Wallet is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Portal Wallet, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

Will Portal Wallet ever change the Services?

We’re always trying to improve our Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

Do the Services cost anything?

Except as specified in other agreements with you, the Services are currently free, but we reserve the right to charge for certain or all Services in the future. We will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services. In any event, you will retain the ability to export any private keys or other data should you choose not to continue using the Services.

What if I want to stop using the Services?

You’re free to do that at any time by contacting us at legal@portalcoin.xyz; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.

Portal Wallet is also free to terminate (or suspend access to) your use of the Services or your account for any reason in our discretion, including your breach of these Terms. Portal Wallet has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.

If you have deleted your account by mistake, contact us immediately at legal@portalcoin.xyz – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.

What else do I need to know?

Warranty Disclaimer. Portal Wallet and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Portal Wallet and all such parties together, the “Portal Wallet Parties”) make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services, and the Portal Wallet Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. The Portal Wallet Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services. THE SERVICES AND CONTENT ARE PROVIDED BY PORTAL Wallet (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE THAT DIGITAL ASSET INVESTMENTS INVOLVE RISKS, INCLUDING THE RISK OF LOSS OF SOME OR ALL DIGITAL ASSETS. USE OF ANY ACCOUNT RECOVERY SERVICE INCLUDED AS PART OF THE SERVICES IS OFFERED TO USERS AS A CONVENIENCE, SUBJECT TO THE TERMS SET FORTH IN THIS AGREEMENT. PORTAL WALLET DOES NOT AND WILL NOT ACT AS A CUSTODIAN OF A USER’S ACCOUNTS OR CREDENTIALS UNDER ANY CIRCUMSTANCES. USERS ARE SOLELY IN CONTROL OF AND RESPONSIBLE FOR STORING AND SECURING THEIR CREDENTIALS. PORTAL WALLET DOES NOT GUARANTEE THAT ANY USER WILL BE ABLE TO RECOVER ANY ACCOUNT AND DOES NOT STORE OR HAVE ACCESS TO ANY CREDENTIALS. IF A USER LOSES THEIR CREDENTIALS, THEN THE USER MAY LOSE ACCESS TO ALL ASSETS STORED IN THEIR ACCOUNT. USERS SHOULD ALWAYS BACK UP CREDENTIALS VIA SECONDARY MEANS.

LIMITATION OF LIABILITY. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE PORTAL WALLET PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF ONE-HUNDRED ($100) DOLLARS OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. FOR CLARITY, PORTAL WALLET WILL NOT BE RESPONSIBLE OR LIABLE TO ANY USER FOR ANY LOSS AND TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE FOR, ANY USE OF THE SERVICES INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (1) USER ERROR SUCH AS FORGOTTEN CREDENTIALS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES, (2) SERVER FAILURE OR DATA LOSS, (3) CORRUPTED ACCOUNT FILES, (4) UNAUTHORIZED ACCESS TO APPLICATIONS, OR (5) ANY UNAUTHORIZED THIRD-PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTE FORCING OR OTHER MEANS OF ATTACK AGAINST THE SITE OR SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity. You agree to indemnify and hold the Portal Wallet Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Portal Wallet's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law. These Terms shall be governed by and construed in accordance with the laws of Panama without giving effect to the principles of conflicts of law. You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of this Terms or use of the Website. If any provision of this Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this Terms, which will remain in full force and effect. Failure of the Company to act on or enforce any provision of this Terms will not be construed as a waiver of that provision or any other provision in this Terms. No waiver will be effective against us unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance. Except as expressly agreed by the Company and you, this Terms constitutes the entire agreement between you and us with respect to the subject matter hereof, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter herein. The Section headings are provided merely for convenience and will not be given any legal import. This Terms will inure to the benefit of our successors and assigns. You may not assign this Terms or any of the rights or licenses granted hereunder, directly or indirectly, without the prior express written consent of us. We may assign these Terms, including all its rights hereunder, without restriction.

Arbitration Agreement. Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Portal Wallet and limits the manner in which you can seek relief from Portal Wallet. Both you and Portal Wallet acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Portal Wallet's officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Portal Wallet may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Portal Wallet agree that these Terms, together with any agreements or terms applicable to you as a Developer, are the complete and exclusive statement of the mutual understanding between you and Portal Wallet, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, in each case, except for any Enterprise Terms of Use or other similar agreements executed between you and Portal Wallet. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Portal Wallet, and you do not have any authority of any kind to bind Portal Wallet in any respect whatsoever.

Except as expressly set forth in the section above regarding the arbitration agreement, you and Portal Wallet agree there are no third-party beneficiaries intended under these Terms.