Terms of Service

1. Introduction and Acceptance of Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User”, “you”, or “your”) and the provider of the wallet application WildXPay, with the legal company name NexWild Ltd, incorporated and existing under the laws of the British Virgin Islands and with registered address at Intershore Chambers, P.O. Box 4342, Road Town, Tortola, BVI (“Company”, “we”, “us”, or “our”). These Terms govern your access to and use of our mobile application, software, and related services (collectively, the “App” or “Services”).

By downloading, installing, accessing, or using the App, you explicitly acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. If you do not agree to these Terms, you must immediately uninstall the App and cease any use of our Services.

The App is designed as a decentralized, self-custodial software interface. We act solely as a technology provider enabling you to interact directly with various blockchain networks, decentralized exchanges (DEXs). The availability of any virtual asset, Services is subject to jurisdictional restrictions and may be provided by regulated third-party partners. We are not a bank, broker, financial institution, exchange, or custodian. We do not provide financial, investment, legal, or tax advice. Any decisions to buy, sell, swap, or hold digital assets are made entirely at your own risk and discretion.

We reserve the right to modify, amend, or update these Terms at any time and in our sole discretion. Any changes will be effective immediately upon posting the updated Terms within the App, with the “Last Updated” date revised accordingly. We will prominently notify you of any updates via an in-app alert or notification modal. Upon any material update, you will be notified directly within the App interface. To maintain access to the Services, you will be prompted to provide your express consent to the revised Terms via an in-app confirmation mechanism. Your continued use of the Services following the provision of such in-app consent constitutes your full acceptance of such changes.

2. Definitions

• “Digital Assets” or “Cryptocurrency” refers to decentralized digital representations of value that rely on cryptographic protocols and distributed ledger technology.
• “Non-Custodial” or “Self-Custodial” means that the user retains absolute control over their private keys, seed phrases, and Digital Assets. The Company does not custody or control these assets.
• “Seed Phrase” or “Recovery Phrase” refers to the human-readable sequence of words generated upon wallet creation that derives the private keys necessary to access and control Digital Assets.
• “DEX” means Decentralized Exchange, which refers to blockchain-based smart contracts allowing peer-to-peer execution of Digital Asset swaps without an intermediary.

3. Non-Custodial Wallet

3.1 Non-Custodial Nature of the App

The App provides a self-custodial wallet service. This means that you retain complete and absolute control over your Digital Assets. The App generates a mathematical relationship between your public addresses and private keys. The Company does not receive, hold, transmit, or control your Digital Assets. At no point do we take custody of your funds.

3.2 Private Keys and Seed Phrases

When you create a new wallet, the App will generate a cryptographic Seed Phrase. You are solely responsible for securely storing and backing up this Seed Phrase. The Company does not store, backup, transmit, or have any means of recovering your Seed Phrase or private keys.

3.3 Blockchain Networks and Transactions

The App serves as an interface that allows you to construct and broadcast transactions to supported public blockchain networks. The Company does not operate, maintain, or control these underlying blockchain networks. We make no guarantees regarding the functionality, security, availability, or finality of any blockchain network.

3.4 Transaction Irreversibility

Transactions broadcasted to a blockchain network are entirely out of our control. Once a transaction is submitted, it cannot be canceled, reversed, or modified by the Company. You are solely responsible for ensuring the accuracy of transaction details, including recipient addresses and amounts, prior to confirming any transaction.

3.5 Network Fees (Gas)

All blockchain transactions require the payment of network fees (e.g., “gas” fees on Ethereum) to incentivize network validators to process the transaction. You are solely responsible for paying all necessary network fees. The Company does not collect or control these fees, nor can we guarantee that a transaction will be successfully processed even if a fee is paid.

4. Decentralized Exchange (DEX) Swap Integration

4.1 DEX Aggregation Interface

The App provides an interface to access third-party decentralized exchange (DEX) protocols and aggregators. This feature allows you to exchange one Digital Asset for another directly on the blockchain via smart contracts.

4.2 No Counterparty

The Company acts purely as a routing interface to these third-party decentralized protocols. We do not act as a broker, dealer, counterparty, or liquidity provider in any swap transaction. We do not execute the trades, hold the assets being traded, or guarantee the settlement of the swap. All swaps are strictly peer-to-peer or peer-to-contract operations occurring on the public blockchain.

4.3 Slippage, Volatility, and Routing Risks

Digital Asset markets are highly volatile. The estimated exchange rate displayed in the App prior to a swap is an approximation based on current market data retrieved from third-party DEXs. The actual exchange rate you receive may differ significantly due to price slippage, market volatility, and blockchain congestion during the time it takes to confirm the transaction. You are solely responsible for managing slippage tolerance settings within the App.

4.4 Smart Contract Risk

Swaps are facilitated by third-party smart contracts. These smart contracts are open-source and operate on public blockchains, but they carry inherent risks, including bugs, vulnerabilities, and potential exploits. The Company does not audit, endorse, or guarantee the security of any third-party smart contract. You assume all risks associated with interacting with DEX smart contracts.

4.5 Failed Transactions

Due to network congestion, insufficient gas fees, or excessive slippage, a swap transaction may fail. In such events, network fees (gas) are still consumed by the blockchain validators. The Company is not responsible for refunding any gas fees or compensating for any losses incurred due to failed swap transactions.

5. Eligibility and Prohibited Jurisdictions

To use the App and Services, you must be at least 18 years old and possess the legal capacity to enter into these Terms.

You may not use the App if you are located in, or a citizen or resident of, any jurisdiction where the use of cryptocurrency, self-custodial wallets, or decentralized exchanges is prohibited by applicable law. Furthermore, you are strictly prohibited from using the Services if you are located in comprehensively sanctioned jurisdictions and/or are subject to economic or trade sanctions administered by the US Department of the Treasury’s Office of Foreign Assets Control (OFAC), the United Nations Security Council, the European Union, or any other relevant sanctions authority.

6. Prohibited Activities

By using the App, you agree not to engage in, or attempt to engage in, any of the following prohibited activities:

1. Illegal Activities: Using the App to facilitate illegal activities, including but not limited to drug trafficking, human trafficking, illegal gambling, terrorism financing, or money laundering.
2. Fraud and Manipulation: Engaging in fraudulent schemes, phishing, wash trading, market manipulation, or exploiting smart contract vulnerabilities.
3. Intellectual Property Infringement: Reverse engineering, decompiling, or attempting to extract the source code of the App, or infringing upon our copyrights, trademarks, or patents.
4. Security Exploits: Introducing viruses, trojans, worms, logic bombs, or other harmful material to the App or its underlying infrastructure. Attempting unauthorized access to our servers or third-party APIs.

7. Fees, Charges, and Taxes

7.1 Company Fees

The App interface may charge a service fee. Any such fees will be clearly disclosed to you within the user interface.

7.2 Network Fees

As detailed in Section 3.5, you are responsible for all blockchain network fees.

7.3 Taxes

You are solely responsible for determining, reporting, and paying any and all applicable taxes arising from your use of the Services, including capital gains taxes resulting from DEX swaps. The Company does not provide tax advice, nor do we collect, withhold, or report taxes on your behalf.

8. Intellectual Property Rights

All rights, title, and interest in and to the App, including its software, design, text, graphics, logos, algorithms, and underlying technology, are the exclusive property of the Company and its licensors. We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the App strictly for your personal, non-commercial use, subject to your compliance with these Terms.

You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless you have our written permission.

If you submit any feedback, comments, ideas, or suggestions regarding the App or our Services (“Feedback”), you grant the Company an irrevocable, perpetual, worldwide, royalty-free, fully paid-up, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Feedback for any purpose whatsoever, commercial or otherwise, without obligation, credit, or compensation to you.

9. Risk Disclosures

The use of Digital Assets and decentralized networks involves substantial risk. You should carefully consider whether such use is suitable for you in light of your financial condition.

9.1 Regulatory Risk

The regulatory framework governing cryptocurrencies, smart contracts, and decentralized finance is constantly evolving. Future laws, regulations, or policies may adversely affect the legality, use, transfer, or value of Digital Assets, as well as the operation of the App. The Company may be forced to suspend services or block access in certain jurisdictions without notice.

9.2 Technological Risk

Blockchain technology and cryptography are subject to continuous advancement. There are inherent risks of software bugs, hardware failures, malicious attacks, and vulnerabilities in smart contracts. You accept that these technological risks could result in the total loss of your Digital Assets.

9.3 Value Volatility

The value of Digital Assets is highly volatile and unpredictable. Prices can fluctuate dramatically in a short period. There is no guarantee that any Digital Asset will retain its value, and you may lose the entire value of your portfolio.

9.4 Third-Party Risk

We rely on independent third parties for DEX liquidity and blockchain network nodes. The failure, insolvency, or security breach of any of these third parties could negatively impact your ability to use the Services or result in the loss of funds.

10. Disclaimer of Warranties

The App, Services, and all included content are provided on an “as is” and “as available” basis without any warranties of any kind, whether express, implied, or statutory.

To the maximum extent permitted by applicable law, the Company explicitly disclaims all warranties, including but not limited to:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement.
• Warranties that the App will be uninterrupted, error-free, secure, or free from viruses or other harmful components.
• Warranties regarding the accuracy, reliability, or timeliness of any market data, pricing, or information provided through the App.

You expressly acknowledge and agree that your use of the App and interaction with blockchain networks and third-party protocols is entirely at your own risk.

11. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Company, its affiliates, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to:

• Loss of profits, revenue, or data.
• Loss of Digital Assets, private keys, or seed phrases.
• Losses arising from smart contract failures, blockchain congestion, or DEX slippage.

In no event shall the total liability of the Company for all claims arising out of or relating to these Terms or your use of the Services exceed the greater of the amount you paid to the Company in fees during the six (6) months prior to the event giving rise to the claim.

12. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, its independent contractors, service providers, and consultants, and their respective directors, employees, and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to:

• (a) your use of the Services;
• (b) your violation of these Terms or any applicable law or regulation;
• (c) your infringement of any third-party right, including intellectual property or privacy rights;
• (d) your misuse of the App or any third-party DEX protocol;
• (e) any disputes or issues between you and any third party.

Furthermore, you expressly release the Company from any and all liability, claims, or damages arising from your loss of a Seed Phrase, compromised private keys due to your own negligence (e.g., phishing attacks, malware on your device, sharing keys with third parties).

13. Dispute Resolution and Binding Arbitration

13.1 Initial Dispute Resolution

In the event of a dispute arising out of or relating to these Terms or the Services, you agree to first contact our support team to attempt to resolve the issue informally.

13.2 Binding Arbitration

If a dispute cannot be resolved informally within sixty (60) days, you and the Company agree that any dispute, controversy or claim arising out of or relating to this Terms, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the BVI IAC Arbitration Rules. The number of arbitrators shall be one. The place of arbitration shall be Road Town, Tortola, British Virgin Islands, unless you and the Company agree otherwise. The language to be used in the arbitral proceedings shall be English.

The arbitrator’s award shall be final, binding, and enforceable in any court of competent jurisdiction.

13.3 Class Action Waiver

To the maximum extent permitted by applicable law, you and the Company agree that each may bring claims against the other only in its individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. You and the Company hereby irrevocably waive any and all rights to a trial by jury in any legal proceeding arising out of or relating to this agreement.

13.4 Exceptions

Notwithstanding the above, either party may bring an individual action in small claims court or seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s intellectual property rights.

14. Term, Termination and Suspension

These Terms shall come into effect and constitute a binding agreement upon your acceptance of them (the “Effective Date”) and shall remain in full force and effect until terminated.

We reserve the right, in our sole discretion and without prior notice, to suspend, disable, or terminate your access to the App, if we suspect you have violated these Terms or engaged in prohibited activities.

Because the core wallet functionality is strictly non-custodial, the Company cannot freeze, confiscate, or seize the Digital Assets stored on the blockchain that are controlled by your private keys. Even if your access to the App interface is terminated, you can still access your Digital Assets by importing your Seed Phrase into any other compatible, open-source non-custodial wallet application.

Your cessation of use of our Services or the deletion of the App constitutes the termination of these Terms by you. Upon termination, all licenses granted to you under these Terms immediately cease.

Notwithstanding any termination of these Terms, any provisions which by their nature should survive termination shall survive, including, without limitation, intellectual property ownership provisions, warranty disclaimers, confidentiality, indemnity, and limitations of liability.

15. General Provisions

15.1 Entire Agreement

These Terms, along with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and the Company regarding your use of the Services, superseding any prior agreements.

15.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.

15.3 Waiver

The failure of the Company to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

15.4 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction of the British Virgin Islands, without regard to its conflict of law principles.

15.5 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. The Company may freely assign its rights and obligations under these Terms without restriction.

15.6 Force Majeure

The Company shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

15.7 Confidentiality

You acknowledge that, during your use of the App and Services, you may have access to certain information that is confidential and proprietary to the Company, including but not limited to unreleased features, beta software, technical data, pricing, and trade secrets (“Confidential Information”).

You agree to maintain the strict confidentiality of all such information and shall not disclose, disseminate, or use any Confidential Information for any purpose outside the scope of these Terms without the prior written consent of the Company. This obligation does not apply to information that is or becomes publicly known through no fault of your own.

15.8 Notices

All notices, alerts, and amendments under this Terms will be delivered electronically. The Company will notify you through notices displayed on the App. Such notices are deemed effectively given immediately upon posting.

Any legal notice or formal inquiry from you must be submitted via email to office@wildxpay.com and will be considered delivered only when explicitly acknowledged by the Company in writing.