PLEASE READ THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT CAREFULLY BEFORE USING LINEN WALLET. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE PROHIBITED FROM USING THE LINEN APPLICATION OR RELATED SERVICES. IN ADDITION, SECTION 19 AND SECTION 20 OF THIS AGREEMENT CONTAIN A BINDING ARBITRATION PROVISION THAT REQUIRES ARBITRATION ON AN INDIVIDUAL BASIS (RATHER THAN JURY TRIALS OR CLASS ACTIONS) AND LIMITS THE TIME PERIOD WITHIN WHICH YOU MAY BRING ANY CLAIM AGAINST US.
Last Modified: February 23, 2020
Virtual Currency. Virtual currency means a cryptocurrency, digital currency, digital asset, cryptoasset or other such similar term describing, for example, a stablecoin USDC or Bitcoin but does not include a derivative of a virtual currency or a security.
Wallet Protection. With respect to the Wallet, the Company does not receive or store your Wallet password nor any keys. We cannot assist you with Wallet password retrieval. You are solely responsible for enabling iCloud Keychain on your mobile device and safeguarding access to your Apple ID and have additional backup of your private keys. Any Virtual Currency you have associated with such Wallet may become inaccessible if you do not keep secret your Apple ID password. Any third party with knowledge of one or more of your credentials (including, without limitation, a mobile device passcode, Apple ID password can dispose of virtual currency in your wallet.
Assumption of Risk. By accessing and using the Application and Linen Wallet Tools, you represent that you understand the inherent risks associated with using cryptographic and blockchain-based systems, and that you have a working knowledge of the usage and intricacies of virtual currency (digital assets) such as bitcoin (BTC), ether (ETH), and other digital assets such as those following the Ethereum Token Standard (ERC-20). You further understand that the markets for these digital assets are highly volatile due to factors including (but not limited to) adoption, speculation, technology, security, and regulation. You acknowledge that the cost and speed of transacting with cryptographic and blockchain-based systems such as Ethereum are variable and may increase dramatically at any time. You further acknowledge the risk that your virtual currency (digital assets) may lose some or all of their value while they are supplied to blockchain-based liquidity pools (protocols), including the Compound protocol. If you borrow virtual currency or digital assets from the Ethereum-based protocols, you will have to supply virtual currency (digital assets) of your own as collateral. If your collateral declines in value such that it is no longer sufficient to secure the amount that you borrowed, others may interact with the protocols to seize your collateral in a liquidation event. You further acknowledge that we are not responsible for any of these variables or risks, do not own or control blockchain-based liquidity pools and protocols, including the Compound protocol, and cannot be held liable for any resulting losses that you experience while accessing or using the Application and Linen Wallet Tools. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using the Application and Linen Wallet Tools and interacting with blockchain-based liquidity pools and protocols, including the Compound protocol.
Identity Verification. At our request, you agree to provide us, our partners or vendors with the information we request for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime and permit us and our partners to keep a record of such information. You may need to complete certain verification procedures before you are permitted to use the Linen Wallet Tools. Your access to one or more Linen Wallet Tools and the limits that apply to your use of the Linen Wallet Tools may be altered as a result of information collected about you on an ongoing basis. The information we request may include certain personal information, including, but not limited to, your legal first and last name, date of birth, country of nationality, address (including city, postal code, country), email address, phone number, social security number, proof of address, proof of bank account, and other documentation (including, but not limited to, acceptable government-issued photo identification). In providing us with any information that may be required, you confirm that the information is accurate and authentic. You agree to keep us updated if any of the information you provide changes. You authorize us, our partners, vendors to make inquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crimes, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these inquiries, you acknowledge and agree that your personal information may be disclosed to anti-fraud services, federal agencies or similar service providers and related regulatory agencies, and that these third parties may respond to our inquiries in full. You will need to successfully complete our Know Your Customer (“KYC”) and Anti-Money Laundering (“AML”) verification processes. We, our partners, and vendors reserve the right to modify our verification process, including our KYC and AML verification processes, from time to time. Our identity verification process should have no adverse effect on your credit rating. You will either be confirmed (“Confirmed”) or restricted (“Restricted”) from using the Services. You will not be able to make full use of the Linen Wallet Tools until the verification process is completed to our or our partners’ satisfaction. Additionally, we may require enhanced due diligence or require you to wait some amount of time after completion of a Transaction, before permitting you to further use the Linen Wallet Tools. You will receive an email notification when you have been Confirmed or Restricted from using the Linen Wallet Tools. If Confirmed, you will be able to make Transactions using the Linen Wallet Tools. If Restricted, you will remain unable to make Transactions using the Linen Wallet Tools.
Transaction Maintenance. You are solely responsible for maintaining your own private keys and monitoring the Transactions on the underlying protocols. We are not responsible for your failure to adequately monitor your Transactions, which may result in your failure to make timely withdrawals and the loss of supplied virtual currency to the protocols or liquidity pools. We are also not responsible for any failures on the underlying protocols or the Ethereum blockchain, including, but not limited to, network failures, network forks, inaccurate price feeds, coding errors or hacking attempts, which may result in your losing any or all of the virtual currency (digital assets) that are part of the Transactions you entered through Linen Wallet Tools. We have no obligation to send you any notifications, including reminders regarding payment or supply withdrawal status. You should not rely on any such notifications, if any, and your reliance on any such communications from us is at your own risk.
Intellectual Property Rights. The Application and the Wallet serve as a user interface to the underlying protocols built on the Ethereum blockchain, which protocols are built, owned, and controlled by third parties. The Application and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material in our Application and on linenn.app without our prior written consent. The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. Any other names, logos, product and service names, designs, and slogans in this Application or on linen.app are the trademarks of their respective owners. Under no circumstances will you acquire any ownership rights or other interest in any such marks or content in this Application or on linen.app by or through your use of the Application or website.
Links from our website and Mobile application. If the Application or our website contain links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites and services linked to the Linen Wallet Tools, you do so entirely at your own risk and subject to the terms and conditions of use for such websites and services.
Disclaimer of Warranties. YOUR USE OF THE APPLICATION, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION ARE AT YOUR OWN RISK. THE APPLICATION, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APPLICATION. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE APPLICATION, ITS CONTENT, OR ANY SERVICES OBTAINED THROUGH THE APPLICATION WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR APPLICATION OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APPLICATION OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
Limitation of Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO YOUR USE, OR INABILITY TO USE, THE APPLICATION, ANY TOOLS OR WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE AND IN THE APPLICATION OR SUCH OTHER WEBSITES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE AGGREGATE LIABILITY OF THE COMPANY TO YOU FOR ALL CLAIMS AND DAMAGES RELATED TO YOUR USE OR INABILITY TO USE THE APPLICATION, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE, IN THE APPLICATION OR SUCH OTHER WEBSITES WILL NOT EXCEED 100 U.S. DOLLARS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSS, OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR DEATH OR PERSONAL INJURY. NOTHING IN THIS SECTION 17 WILL BE INTERPRETED AS EXCLUDING LIABILITY THAT CANNOT UNDER APPLICABLE LAW BE EXCLUDED IN THOSE JURISDICTIONS. IF YOU LIVE, OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS, ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW, AND, IF LIMITATION IS NOT PERMITTED, THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 17 MAY NOT APPLY TO YOU.
Notice of claim may be sent by mail to the below address:
Linen Mobile, Inc.
44 Tehama St,
San Francisco, CA 94105
Severability of Linen Wallet Transaction Terms. If the terms of any Transaction you enter into through the Linen Wallet Tools is held to be illegal, invalid, or unenforceable under present or future laws (including usury laws), such provisions shall be fully severable. In such event: (1) the Transaction shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part of such Transaction or was modified to be legal, valid, and enforceable; and (2) the remaining provisions of such Transaction shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provisions or by its severance from such Transaction, to the extent permitted by law.