Terms of Service (Mobile App)
Last update: November 2022
1. Please review the terms of service contained herein carefully. By signing next to “I agree” or
accessing and/or using any of the Services provided by Sanctuary™ DEX signifies that You have
read, understood, and accepted all the following Terms, as well as all of the terms which are
incorporated herein by reference.
1. RIGHTS AND OBLIGATIONS
The following terms and conditions (the “Terms”) constitute a binding agreement between Sanctuary™
DEX, a limited company registered under the laws of the state of Mississippi, and the person, persons, or
entity (“You” or “Your”) accessing and/or using the described applications:
Sanctuary™ DEX’s decentralized blockchain wallet (as described below on the Sanctuary™ DEX
Android and iOS mobile apps;
Sanctuary™ DEX decentralized exchanger (as described below on the Sanctuary™ DEX Android
and iOS mobile apps;
Future but yet to be announced Sanctuary™ DEX services;
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 (18+ years) to enter into a binding agreement; and (ii) if You
represent Yourself as an individual, a corporation, governmental organization or other legal entity, and
You have the right, power and authority to enter into these Terms on behalf of Yourself and/or such
corporation, governmental organization or other legal entity and to legally bind such to these Terms.
Your access and/or use of the Services is contingent upon Your acceptance of these Terms.
Sanctuary™ DEX may amend these Terms at any time. Amendments will be effective 14 (fourteen) days
after the modified terms and conditions have been posted on Sanctuary™ DEX’s website at
https://Sanctuary™ DEX or on Sanctuary™ DEX’s separate Android and iOS mobile 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
1. THE WALLET
Sanctuary™ DEX enables You to create one or more digital, non-custodial, cryptocurrency wallets for
certain supported cryptocurrencies and digital assets (the “Wallet”) that lets You store, send, and
receive supported cryptocurrencies and digital assets. All transactions requested and/or made through
the Wallet are submitted to their respective blockchain. Once broadcasted to the blockchain,
transactions become irreversible.
The Wallet is not and shall not be deemed to be an account where Sanctuary™ DEX or other third
parties serve as custodians of Your cryptocurrencies or digital assets.
The Wallet is only for use with Ethereum (ETH) and with any other cryptocurrencies or digital assets
which Sanctuary™ DEX may explicitly decide to support in the future at its sole discretion. Sanctuary™
DEX has no obligation to support any cryptocurrencies or digital assets (including but not limited to any
fork coins, altcoins, airdrops or any other cryptocurrencies or digital assets, however named).
Sanctuary™ DEX 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 Sanctuary™ DEX cannot
guarantee the confirmation of any transaction on any blockchain network. Sanctuary™ DEX has no
control over any blockchain network.
While the Wallet has undergone beta testing and continues to be improved through feedback from its
users, Sanctuary™ DEX cannot guarantee that there will be no errors and/or bugs in the functioning of
the Wallet.
Sanctuary™ DEX 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. Sanctuary™ DEX 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, Sanctuary™ DEX 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.
2. THE Sanctuary™ Decentralized Exchange (“DEX”) Platform
The Sanctuary™ DEX also called The Exchanger™ is currently in Beta.
Once in production, it provides You a means to access a decentralized trading platform (the “DEX”) that
lets You trade cryptocurrencies and digital assets directly with automated market maker (AMM) smart
contracts.
The DEX is only for use with Ether (ETH) and with any other cryptocurrencies or digital assets that
Sanctuary™ DEX may explicitly decide to support in the future at its sole discretion. Sanctuary™ DEX has
no obligation to support any cryptocurrencies or digital assets (including but not limited to any fork
coins, altcoins, airdrops or any other cryptocurrencies or digital assets, however named). Sanctuary™
DEX takes no responsibility or liability in connection with any attempt to use the DEX 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 Sanctuary™ DEX does not hold
Your funds nor offer refunds. You shall be solely responsible for Your own funds and wallets. Sanctuary™
DEX takes no responsibility for decisions, actions or losses resulting from Your use of the DEX, including
losses due to the decrease in value of cryptocurrencies and digital assets purchased and/or sold through
the Exchanger™. You shall be solely responsible for Your understanding of the details and mechanics of
the smart contracts involved with trading. You trade using the DEX for Your own trading decisions.
Sanctuary™ DEX makes no representations and warranties and offer no guarantees of any kind, whether
express or implied, about the smart contracts, cryptocurrencies, and digital assets that You trade using
the DEX.
While the information contained on the DEX is periodically updated, no guarantee is given that the
information provided on the DEX is correct, complete, or up to date.
Sanctuary™ DEX charges a transaction fee on the DEX. The current transaction fees applied are shown
on the Sanctuary™ DEX trade confirmation page prior to submitting the transaction to the blockchain. By
agreeing to these Terms, You agree to these transaction fees. You further acknowledge that all
blockchain transactions are subject to a network fee (Gas) in their native cryptocurrency, i.e., bitcoin,
dogecoin or Ethereum. To record transactions on the blockchain, You shall maintain a sufficient amount
of the native currency in the wallet connected to the DEX. Failure to do so will result in a failed
transaction. Sanctuary™ DEX is not responsible for any failed transaction.
By accessing and/or using the Services, You acknowledge and agree that Sanctuary™ DEX cannot
guarantee the confirmation of any transaction on any blockchain network. Sanctuary™ DEX has no
control over any blockchain network.
By accessing and/or using the Services, You acknowledge and agree that Sanctuary™ DEX does not act or
serve as Your broker, intermediary, agent, or advisor with respect to any action (including refraining
from any action) You make or intend to make using the DEX. Sanctuary™ DEX owes You no fiduciary
duty.
The Exchanger™ is currently undergoing beta testing; therefore, Sanctuary™ DEX cannot guarantee that
there will be no errors and/or bugs in the functioning of the Exchanger.
3. ANTI MONEY LAUNDERING AND COUNTER TERRORIST FINANCING
Decentralized services, such as the Services, may require KYC or Know Your Customer identification
verification. Currently, the legal environment is still under evolution and development. Regulatory
authorities are carefully scrutinizing businesses and operations associated with cryptocurrencies around
the world. Sanctuary™ DEX’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 and Anti Money Laundering (AML) laws and regulations.
In such a case Sanctuary™ DEX 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, Sanctuary™ DEX shall
keep certain information and documentation on file for a period of ten years after the termination of
the relevant business relationship or from the completion of the relevant transaction.
In such a case Sanctuary™ DEX 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 to verify
Your identity. In such a case Sanctuary™ DEX will ask You to obtain a Sanctuary™ DEX Identity, where
you must 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, Sanctuary™ DEX may require You to provide documentation to verify the information You
have submitted to Sanctuary™ DEX 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
Foreign Asset Control (“OFAC”) of the United States Department of the Treasury (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.
4. SERVICE LIMITATIONS AND MODIFICATIONS
Sanctuary™ DEX 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, Sanctuary™ DEX 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.
5. 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, and for which You are solely responsible
and liable.
6. INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that the Services are the property of Sanctuary™ DEX or its licensors.
Subject to Your compliance with these Terms, Sanctuary™ DEX 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 license, and it is subject to the limitations and obligations contained herein. Nothing
in these Terms gives You any license (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 Sanctuary™ DEX 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 “Sanctuary™ DEX”, its trademark, service mark, logo and graphics are
the registered trademarks or trademarks of Sanctuary™ DEX.
7. DATA PROTECTION
In order to provide You with the Services, You acknowledge and agree that Sanctuary™ DEX 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 Sanctuary™ DEX’s privacy policy, and You
acknowledge and agree that Sanctuary™ DEX may use such data and/or information in accordance with
the terms of its privacy policy.
You acknowledge and agree that Sanctuary™ DEX may transfer the information collected as part of the
KYC process to other companies affiliated to Sanctuary™ DEX, including to those in foreign jurisdictions,
for the purposes of accessing the services provided by those entities. However, in general, Sanctuary™
DEX will ask your permission through the Sanctuary™ DEX Identity service before transferring your
personal information to other associated group entities.
8. TERMINATION
Sanctuary™ DEX 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.
9. LIMITATION OF LIABILITY
Sanctuary™ DEX is not currently subject to the supervision United States Banking authorities.
Sanctuary™ DEX is not currently allowed to accept deposits in fiat money.
In no event will Sanctuary™ DEX, 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 Sanctuary™ DEX was advised of the
possibility of such damages.
Without limiting the generality of the foregoing, Sanctuary™ DEX 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 Sanctuary™ DEX’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 Sanctuary™ DEX; (xi)
delays, interruption or loss of services; (xii) loss of business or goodwill.
The Services support are not integrated with third party services. Sanctuary™ DEX 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. Sanctuary™ DEX disclaims any implied warranties of title, merchantability, fitness for a
particular purpose and/or non-infringement.
In no event will the aggregate liability of Sanctuary™ DEX, arising out of or related to these Terms
and/or the Services, exceed the amount of United Stated Dollars 100 (one hundred).
10. 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 and state 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.
11. INDEMNIFICATION
To the fullest extent permitted under applicable laws, You agree to hold harmless and indemnify
Sanctuary™ DEX, 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.
12. TAXES
You shall be solely responsible for any taxes applying to the payments You make or receive through the
Services, and to collect, report, and remit such taxes to the appropriate tax authorities.
13. SANCTIONED COUNTRIES
information
Please review the link above for the latest list of OFAC’s active sanctioned countries.
SPECIAL NOTE: The U.S. Department of the Treasury recently sanctioned the Tornado Cash smart
contract. The Tornado Cash contract is used to obfuscate the history of cryptocurrencies on the
Ethereum blockchain. The sanction of Tornado Cash was the first case of a non-individual or country
being sanctioned, which could be a precedent for future sanctions of cryptocurrency platforms used for
“coin mixing” which hide the movement or origin of funds.
Source: https://home.treasury.gov/news/press-releases/jy0916
B. MISCELLANEOUS
1. ENTIRE AGREEMENT
These Terms constitute all the terms and conditions agreed upon between You and Sanctuary™ DEX and
supersede any prior agreements in relation to the subject matter of these Terms, whether written or
oral.
2. 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 Sanctuary™ DEX to exercise or enforce any of the rights or provisions of these Terms shall
not considered as a waiver of Sanctuary™ DEX’s rights to do so.
3. ASSIGNMENT
Sanctuary™ DEX 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.
4. 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 Sanctuary™ DEX.
5. FORCE MAJEURE
Sanctuary™ DEX 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, labor disputes, epidemics, governmental
regulations, freight embargoes, natural disaster, act of government or any other cause beyond
Sanctuary™ DEX’s reasonable control.
6. GOVERNING LAW AND JURISDICTION
The Terms for the Wallet services offered by Sanctuary™ DEX are subject to and governed by the law of
the United States of America and the State of Mississippi to the exclusion of international private law
and any international treaties.
The Terms for the DEX services offered by Sanctuary™ DEX are subject to and governed by the laws of
Mississippi and the United States to the exclusion of international private law and any international
treaties. All disputes arising from or under these Terms shall be subject to the exclusive jurisdiction of
the competent courts of Mississippi, and the United States of America for the Wallet Services, and for
the DEX Services.
7. NO CLASS PROCEEDINGS
You will only be permitted to pursue claims against Sanctuary™ DEX and/or Sanctuary™ DEX related
services and applications 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.
8. 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.
9. CONTACTS
If You have any questions regarding these Terms, please contact us at legal@SanctuaryDEX.io.