Terms of Use

Version 1

1. Parties

This agreement is between you ("You " or "Your " in this agreement) and Menger (the “Developer”).

2. Services Offered

Developer has created a software program that enables users to access and transfer virtual currencies, tokens, and cryptocurrencies (collectively, “Digital Asset(s)”) under the name “Menger” (“Menger Software”).

This license agreement permits You to use the Menger Software subject to certain conditions, rights and obligations.

You should only use the Menger Software if you are familiar with Digital Assets. Developer highly recommends learning the basics for the Digital Assets that You plan on using with the Menger Software before running the Menger Software.

The Menger Software is licensed to you without charge. This agreement applies to any technical support provided to You in relation to the Menger Software.

3. You Own Your Private Keys

Developer does not store any private keys, backup phrases, or passwords (collectively, “Private Key Information”). Private Key Information is stored locally in Your local copy of the Menger Software. It is very important that You backup Your Private Key Information. If You lose Your Private Key Information then it will not be possible for Developer to recover it for You and You may permanently lose access to Your Digital Assets.

If You do not understand the above paragraph then Developer recommends that You learn more about Digital Assets before using the Menger Software.

4. User Obligations

You shall:

  1. be of age of majority in Your local jurisdiction; and,
  2. be responsible for Your own Digital Assets; and,
  3. backup/write down Your “backup phrase” and keep it private; and,
  4. carefully guard Your private keys; and,
  5. carefully review the list of supported Digital Assets before engaging in any transactions; and,
  6. ensure that Your device(s) are fully updated and do not contain viruses, malware or otherwise malicious software; and,
  7. ensure that Your use of the Menger Software complies with [Kazakh] and local laws.

You shall not:

  1. deposit Digital Assets into addresses for Digital Assets that are not supported by the Menger Software; or,
  2. use the Menger Software in a manner likely to interfere with other Menger Software users or servers (e.g. excessive API calls or network spam); or,
  3. use the Menger Software in a manner contrary to the laws of [Kazakhstan] or Your local laws.

5. No Control Over Blockchains

Developer is not the creator of, and does not have any control over, any of the Digital Assets that the Menger Software allows You to use. You shall be solely responsible for Your choice of and use of Digital Assets.

6. Third Party Integrations

The Menger Software integrates with third party services.

Although the Menger Software makes it easy to engage with integrated third parties, Developer shall not be responsible for any consequences resulting from Your use of third party integrated services. If You require assistance with a third-party integration then You should contact that third party.

7. Transactions

The only authentic record of Digital Assets transactions is the applicable blockchain.

The Menger Software provides functionality that allows You to send Digital Asset transfer instructions. Developer does not guarantee that transactions You perform using the Menger Software shall be stored in any blockchain.

You must ensure that Your transactions conform to the applicable rules of the software for the Digital Asset (especially with smart contract systems like Ethereum).

There may be transaction fees (e.g. mining fees) associated with Digital Asset transactions that are required by the system You engage with. Developer shall not be responsible for any losses You incur due to transaction fees or losses that occur due to incorrectly set transaction fees (i.e. too low or high).

8. Limited Intellectual Property License

Developer licenses the Menger Software to You on a personal, non-exclusive, royalty-free, non-transferable, worldwide-basis, for the purpose of holding and transferring Digital Assets.

You are not permitted to re-distribute the Menger Software, modify any code or use any Menger Software content, including images and text, as part of any other software or project of any kind. You must obtain Developer’s written permission before acting contrary to copyright law or the terms of this clause.

9. Third Party Libraries

The Menger Software may contain libraries developed by third parties. Developer may provide third party libraries to You as part of the Menger Software solution but shall not be considered to be the Developer or licensor of the third party libraries. Please refer to and respect the relevant third-party licenses.

10. Submitted Feedback & Ideas

If You choose to provide feedback on the features or functions of the Menger Software (“Submitted Feedback”) then You shall be deemed to have given permission to Developer to incorporate Your Submitted Feedback into the Menger Software. Developer shall be free to make use of Your Submitted Feedback without royalty or obligation of any kind.

11. Specifically Disclaimed Risks

Using Digital Asset-related software necessarily entails many risks. Developer specifically disclaims and shall have no liability to You for the following risks:

  1. operating system failures (mobile or desktop); and,
  2. interactions between Your hardware, software and the Menger Software; and,
  3. cloud backup software (e.g. certain Android distributions) may upload your private files/information to third party services; and,
  4. malware, viruses or other malicious software on Your device that is able to take control of or interfere with the Menger Software; and,
  5. communication delays between Your Menger Software and a node or relay service for a Digital Asset (and vice versa); and,
  6. failure to achieve a certain market value/price for a Digital Asset, whether through a third-party service or any other kind of transaction (i.e. due to delays); and,
  7. theft of Digital Assets.

12. No Warranty

The Menger Software is provided to You at no cost, “as-is” and without any warranty whatsoever, to the maximum extent permissible by law. Without limiting the generality of the foregoing, Developer does not warrant that the Menger Software is fit for Your purpose, even if You have previously provided notice of Your intended purpose, and does not warrant that the Menger Software will operate in a bug-free manner.

13. Limitation of Liability

Developer's liability to You shall not, under any circumstances, exceed the greater of $1 USD.

Notwithstanding any term of this agreement, Developer shall not be liable for any losses or damages that result from providing free technical support to You.

14. Indemnity

You agree to indemnify Developer against any claims, damages, losses or legal fees incurred due to Your use (or misuse) of the Menger Software.

15. Non-Waiver

No action or inaction of Developer shall be considered a waiver of any right or obligation by Developer.

16. Amendment

This agreement may be amended by Developer by providing You with 30 days notice of any proposed change. If You do not agree to the amended terms then Your sole remedy shall be to cease using the Menger Software.

17. Assignment

You may not assign this agreement. Developer may assign this agreement upon 15 days notice.

18. Governing Law and Choice of Forum

This agreement shall be governed by the laws of [Kazakhstan]. Any disputes related to this agreement or the Menger Software shall be heard in the courts of [Almaty, Kazakhstan].

19. Entire Agreement

This is the entire agreement between the parties and supersedes any other agreement, representations (or misrepresentations), or understanding, however communicated.

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