Sea Trove LLC (“Sea Trove,” “we,” “us,” or “our”), a wholly owned subsidiary of Ozone Networks, Inc., doing business as NEXORA, provides you with certain services in connection with the Platform (the “Services”). These Wallet & Onramp Terms of Use (“Terms”) govern your use of the Services. Unless otherwise defined herein, terms in title case carry the definitions in the Platform Terms of Service.
The Services include:
As used in these Terms, references to the “Services” include the Wallet and the Onramp Services except where the context requires otherwise. “You” refers to any user of the Services. If you are using the Services on behalf of an entity, “you” also includes the entity.
THESE TERMS CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE “ARBITRATION AGREEMENT” SECTION BELOW CONTAINS A MANDATORY ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER. EXCEPT FOR CERTAIN DISPUTES DESCRIBED IN THAT SECTION, YOU AND SEA TROVE AGREE TO RESOLVE ALL DISPUTES BY BINDING, FINAL, AND INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO A TRIAL BY JURY AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION. PLEASE READ THAT SECTION CAREFULLY.
By creating a Wallet, clicking to accept or agree to these Terms, or using the Services, you confirm that you agree to these Terms. If you do not agree, you may not use the Services.
These Terms are organized into numbered Sections. Sections 1 (The Wallet) and 2 (Onramp Services) set out terms that apply to those Services specifically; the remaining Sections apply to all access to and use of the Services. If a Service-specific Section conflicts with a general Section as to that Service, the Service-specific Section controls for that Service.
The Wallet is a self-hosted, non-custodial blockchain wallet, embedded in and interoperational with your Account on the Platform, that you create through our integration with Privy. The Wallet enables you to hold, transfer, and manage compatible digital items and to authenticate your control over and access to the Wallet’s contents.
The Wallet creation process, authentication, and related services are made available to you by, and through your use of services from, Privy. Privy is the provider of the underlying Wallet software and Wallet services. Your creation and use of the Wallet is governed by these Terms and subject to Privy’s Acceptable Use Policy. As part of these services, Privy generates and secures the Wallet’s cryptographic key material, provides authentication (including multi-factor authentication) and transaction signing, routes and broadcasts your authorized transactions to public blockchains, and provides wallet recovery and private key export functionality.
Sea Trove is not a wallet provider. The Wallet is a self-hosted and non-custodial wallet powered by Privy. Sea Trove does not have access to or control over your Wallet or associated private key. A private key is associated with the Wallet address and required to access the Wallet contents and authorize the transfer of digital items from that Wallet.
When you create a Wallet, a private key is generated for you by Privy and immediately secured using encryption and key-sharding techniques. Neither Sea Trove nor Privy holds a complete copy of your private key. In ordinary use, you do not handle the private key yourself; the Wallet software uses the encrypted key material to sign only the transactions you authenticate and authorize.
Because the Wallet is self-custodial, you — and not Sea Trove — are responsible for both (a) maintaining your own access to the Wallet, by keeping your authentication credentials (such as your email or social login) and any recovery method (such as a password or a device or cloud backup) secure and available to you; and (b) preventing unauthorized access to the Wallet by others, by keeping those credentials, your authentication device, and any private key you export confidential and protected. Anyone who obtains your credentials, your authenticated device, or your exported private key can access and control the Wallet and the digital items in it.
Privy may offer recovery methods that let you regain Wallet access on a new device using your own credentials and recovery factors. If you lose access to all of your authentication credentials, devices, and recovery methods, your access to the Wallet cannot be restored, and you will permanently lose access to the Wallet and the digital items associated with it. Sea Trove does not receive, store, or have access to your unencrypted private key or your authentication credentials, and Sea Trove cannot modify, recover, or reset your authentication method or your Wallet on your behalf.
You are solely in control of and responsible for your authentication method, private key, Wallet, and digital items, and you bear any and all risk of loss of any of the foregoing at all times. We shall have no responsibility or liability whatsoever in the event you are unable to access your Wallet for any reason including, without limitation, your failure to keep your authentication method, Wallet, and/or private key secure.
When using the Services to create a Wallet, you will need to provide information required to link your Wallet with an authentication method. You will also need to provide a multi-factor authentication method, the use of which will be required for the performance of certain operations involving your Wallet, including transactions (“Authentication Access”). When you request to make a transfer of a digital item, in order to initiate such a transfer or otherwise use your Wallet, you will be required to use Authentication Access. Sea Trove is entitled to rely on your use of the Authentication Access chosen by you and has no duty to inquire into or investigate the safety, security, validity, or accuracy of any action initiated with your Wallet.
You represent and warrant that any information you provide via the Services is accurate and complete. You accept and acknowledge that we are not responsible for any actions taken with your Wallet, including any errors or omissions that you make in connection with any digital item transaction initiated in connection with your Wallet. You are solely responsible for initiating and reviewing any and all actions taken with your Wallet. We do not have the ability to initiate, stop, or control actions with respect to your Wallet.
You are solely responsible for any actions taken with your Wallet. Sea Trove does not facilitate or execute blockchain transactions, and makes no guarantees about the safety, security, validity, or execution of any action taken with your Wallet. When you or a third party sends digital items to your Wallet address, the person initiating the transaction is solely responsible for executing the transaction properly, which may include, among other things, payment of sufficient network or miner fees in order for the transaction to be successful. Insufficient network fees may cause a transfer to remain in a pending state and may result in delays or loss incurred as a result of an error in the initiation of the transaction. Sea Trove has no obligation to assist in disputes, losses, errors, or issues related to any action taken by your Wallet and/or any blockchain transaction.
When you send digital items from your Wallet to another cryptocurrency wallet, such transfers are executed on a public blockchain by you and not under the control of Sea Trove. Such networks are decentralized, peer-to-peer networks supported by independent third parties, which we do not own, control, or operate. Sea Trove has no control over any such transactions or networks, cannot reverse or issue refunds in connection with such transactions, and is not liable for any loss, damage or harm that you may incur as a result of such transactions or in connection with any third party services. Sea Trove shall bear no liability or responsibility in the event you enter an incorrect blockchain destination address. Digital item transfers cannot be reversed once they have been broadcast to the relevant blockchain network, although they may be in a pending state, and designated accordingly, while the transaction is processed by network operators. Sea Trove does not control the network and makes no guarantees that a transfer will be confirmed by the network. By using the Services, you acknowledge and agree that: (i) we do not have the ability to cancel or otherwise modify your transaction; (ii) the transaction details you submit may not be completed, or may be substantially delayed, by the applicable blockchain networks; (iii) we do not store, send, or receive digital items; and (iv) any transfer that occurs in relation to any digital items occurs on the relevant blockchain network and not on a network owned by us and therefore we do not guarantee the transfer of title or right in any digital items. You should verify all transaction information prior to executing a transaction.
You agree and understand that, for any reason or no reason, Sea Trove may limit or suspend your access to the Wallet. Because the Wallet is self-custodial, you may export your private key and use the Wallet independently of the Platform — including through another compatible wallet application (for example, MetaMask). Key export is a function of the Wallet made available by Privy, and Sea Trove cannot guarantee its security, proper functionality, or continued availability. Once you export your private key, you are solely responsible for its security, and anyone who obtains it can access and control the Wallet and the digital items in it.
Sea Trove may make available to you, through the Platform, the ability to access certain third-party fiat-to-cryptocurrency onramp services provided by independent third-party onramp providers (each, an “Onramp Provider”), through which you may purchase cryptocurrency or other digital items using a credit card, debit card, bank transfer, or other fiat payment method (the “Onramp Services”). The Onramp Provider available to you, together with any notices, branding, and terms that Onramp Provider requires, is presented to you within the onramp flow at the time of the transaction. Your use of the Onramp Services is entirely voluntary and optional.
Any purchase you make using the Onramp Services is a transaction solely between you and the applicable Onramp Provider (or its regulated partner). The Onramp Provider, and not Sea Trove, is the counterparty to that purchase: it receives your fiat payment, converts it into the cryptocurrency or other digital items you select, and delivers those assets to your Wallet or other wallet address you designate, in each case on the public blockchain. Sea Trove does not buy, sell, hold, custody, transmit, or take title to any cryptocurrency, fiat currency, or digital items in connection with the Onramp Services.
Sea Trove does not process, collect, hold, transmit, or facilitate the payment you make for a purchase through the Onramp Services, and does not receive or control any funds in connection with the Onramp Services. You make payment directly to the applicable Onramp Provider (or its regulated partner), which is solely responsible for payment processing, money transmission, custody, and related financial-services activity, and for holding any licenses, registrations, or authorizations required for those activities. With respect to the Onramp Services, Sea Trove does not act as a payment processor, money transmitter, or marketplace facilitator.
Before using an Onramp Provider, you must review and accept any applicable terms of service and privacy policy of the Onramp Provider, which, if applicable, are presented to you in the onramp flow and which form a separate agreement between you and that Onramp Provider. The Onramp Provider processes the transaction and may receive personal data from you. You are responsible for reviewing and complying with the Onramp Provider’s terms. The Onramp Provider is solely responsible for the Onramp Services, including their availability, functionality, identity verification and eligibility requirements, pricing, fees, exchange rates, and the completion, timing, delay, or failure of any transaction.
Sea Trove makes no representations or warranties regarding any Onramp Provider or the Onramp Services, does not endorse any Onramp Provider, and is not responsible or liable for any act or omission of any Onramp Provider or for any loss you incur in connection with the Onramp Services. Sea Trove does not make any representation regarding the legal status, availability, investment potential, or regulatory treatment of any asset available through the Onramp Services. All fees and prices for the Onramp Services are set, displayed, and collected by the applicable Onramp Provider at checkout. Onramp transactions may be irreversible once submitted, and Sea Trove cannot cancel, reverse, or refund any such transaction. Any dispute relating to a purchase made through an Onramp Provider must be resolved directly between you and that Onramp Provider.
By using the Services, you represent and warrant that you will comply with all applicable laws, including local, state, federal, and international regulations.
You agree not to use the Services, or otherwise enable access to the Services, if:
These representations must remain true for the duration of your use of the Services. You further agree not to enable access to or use of the Services for any natural or legal person that falls into any of the categories above.
Sea Trove may require you to provide additional information and documents in certain circumstances, such as upon request by the government or to comply with applicable laws or regulations. Sea Trove may restrict or disable your access to the Services until these requests are satisfied. Failure to provide complete and accurate information may result in permanent access restrictions.
All proprietary elements of the Services are owned by Sea Trove, its affiliates, or its licensors. This includes:
Sea Trove, its affiliates, and its licensors retain all rights to these materials, including the exclusive right to create derivative works.
Sea Trove grants you a limited, nonexclusive, nontransferable, nonsublicensable, and personal license to access and use the Services, subject to your compliance with these Terms. This license is strictly limited to your lawful use of the Services. Sea Trove does not grant any ownership rights through this license.
Sea Trove’s name, logo, trademarks, and any Sea Trove products or services and their names, designs, logos, and slogans are the intellectual property of Sea Trove or our affiliates (including Ozone Networks, Inc., doing business as NEXORA), or licensors and may not be copied, imitated, or used, in whole or in part, without our prior written permission in each instance.
We welcome feedback, comments, and suggestions for improvements to the Services (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback grants Sea Trove and its affiliates, including Ozone Networks, Inc., full and sole right, title, or interest in any such Feedback. You agree that Sea Trove may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim.
The Services may display Third-Party Content, including information about digital items, cryptocurrencies, and other blockchain-related information, and may enable you to connect to or use third-party websites, applications, and services. Sea Trove does not control, endorse, or review Third-Party Content or any such third-party website, application, or service and is not responsible for it, even if certain functionalities of the Services require its use. You are cautioned that third-party applications may be decentralized or “open” in nature, where no recourse is available.
By using or relying on Third-Party Content or any third-party website, application, or service, you do so entirely at your own risk. Sea Trove provides access to them as a convenience and makes no warranties or representations regarding their functionality, availability, reliability, or compatibility with the Services. You agree to do your own research (DYOR), and you bear sole responsibility for verifying the safety, security, authenticity, and legitimacy of any connection, transaction, or interaction in which you choose to engage using the Services.
Please refer to our Privacy Policy for information about how we collect, use, and share information from or about you (“Your Information”). By using the Services, you acknowledge that you have read our Privacy Policy and you expressly consent to the collection, use, and disclosure of Your Information in accordance with the Privacy Policy.
Sea Trove reserves the right to modify these Terms at any time, at our sole discretion. If material changes are made, we will provide reasonable notice, such as updating the “Last Updated” date at the top of these Terms or providing a notice through the Platform. By continuing to use the Services after changes are made, you confirm your acceptance of the revised Terms.
It is your responsibility to periodically review the Terms to ensure you understand the latest terms and conditions that apply to your use of the Services.
Sea Trove reserves the right in its sole discretion to modify, suspend, or discontinue, temporarily or permanently, the Services (or any features or parts thereof) at any time and without prior notice, without liability as a result.
Some features of the Services are subject to additional terms that Sea Trove publishes for them (“Additional Terms”). Sea Trove will identify Additional Terms as terms that apply to the feature, and will make them available through the Services or link to them where you use it. By using a feature that is subject to Additional Terms, you agree to those Additional Terms, which are incorporated into these Terms by reference.
If Additional Terms conflict with these Terms, the Additional Terms govern that feature, except that Additional Terms do not modify the “Arbitration Agreement” section. Sea Trove may update Additional Terms in the same manner as these Terms, as described in “Updates to the Terms.”
Help Center articles, FAQs, and other support or educational content are provided for information only, unless they are Additional Terms or a policy that these Terms incorporate by reference. That content does not modify these Terms or create obligations for Sea Trove beyond those stated in these Terms.
Your use of the Services is at your own risk. The Services are provided on an AS IS and AS AVAILABLE basis, and Sea Trove expressly disclaims all warranties, whether express or implied, including but not limited to:
Sea Trove disclaims responsibility for any loss, including any losses resulting from:
You further acknowledge and agree that Sea Trove is not registered with the U.S. Securities and Exchange Commission, the U.S. Commodity Futures Trading Commission, or any other financial regulatory or similar authority, no such authority has reviewed or approved the Services, and Sea Trove does not itself provide securities, futures, payment processing, money transmission, or other financial services. Where such services are involved in the Onramp Services, they are provided by regulated third-party Onramp Providers. You acknowledge that NFTs, cryptocurrency, and other digital tokens are not subject to protections or insurance provided by the Federal Deposit Insurance Corporation or the Securities Investor Protection Corporation.
By using the Services, you acknowledge and accept the following risks, in addition to risks described elsewhere in these Terms:
To the fullest extent permitted by law:
The limitations above apply even if the stated remedy fails of its essential purpose.
Exceptions: Some jurisdictions may not allow the exclusion or limitation of liability for certain damages, so these limitations may not apply to you.
By using the Services, you agree, to the fullest extent permitted by law, to indemnify, defend, and hold harmless Sea Trove and its affiliates (including Ozone Networks, Inc.), and its and their respective employees, directors, contractors, service providers, agents, and representatives (collectively, the “Sea Trove Parties”) from and against all claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or relating to:
You agree to notify Sea Trove promptly of any claims and to cooperate with the Sea Trove Parties in defending such claims. The Sea Trove Parties reserve the right to assume exclusive control of the defense and settlement of any claims.
Please read this section, setting forth the Arbitration Agreement, carefully. It affects your legal rights by requiring that you and Sea Trove resolve any and all disputes with Sea Trove through binding arbitration rather than in court, subject to the limited exceptions described below. This section applies to disputes between you and Sea Trove and does not govern disputes between users or third parties. Sea Trove does not provide dispute resolution services for disagreements between users or third parties, which must be resolved independently.
You agree that any dispute, controversy, or claim arising out of or related to your use of the Services or your relationship with Sea Trove will be resolved on an individual basis exclusively through binding arbitration, except:
Both you and Sea Trove agree to make good-faith efforts to resolve disputes informally before initiating arbitration or other legal proceedings.
Before commencing arbitration, you must initiate an informal dispute resolution process by sending a written notice describing your claim and desired resolution to:
Sea Trove LLC, Attn: Legal Department
66 W Flagler St, Suite 929
Miami, FL 33130
USA
Both parties agree to meet and confer (via telephone, videoconference, or in person) to attempt to resolve the dispute in good faith. The statute of limitations and any filing deadlines will be tolled during this process. If the dispute is not resolved within 30 days, either party may proceed with arbitration, small claims court, or legal claims for intellectual property issues.
Any dispute between Sea Trove and you regarding the construction, interpretation, or application of this Arbitration Agreement, including its enforceability, severability, revocability, scope, or validity, shall be decided by an arbitrator and not by a court or judge.
The arbitrator has the exclusive authority to:
The arbitrator may award the same relief on an individual basis that a court could award, including monetary damages and injunctive relief. All decisions are final and binding.
If a court finds that this class action waiver is unenforceable for a specific claim, that claim must be litigated in court, while other claims proceed in arbitration.
The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. Judgments rendered by the arbitrator may be entered in any court with proper jurisdiction.
If any part of this Arbitration Agreement is found invalid or unenforceable, that part will be severed, and the remainder will remain in effect. This Arbitration Agreement survives termination of your relationship with Sea Trove.
If Sea Trove makes material changes to this Arbitration Agreement, you may reject the changes within 30 days of their effective date by notifying Sea Trove in writing at:
Sea Trove LLC, Attn: Legal Department
66 W Flagler St, Suite 929
Miami, FL 33130
USA
If you reject the changes, the prior version of this Arbitration Agreement will remain in effect.
These Terms and your access to and use of the Services shall be governed by and construed and enforced in accordance with the laws of the State of New York (without regard to conflict of law rules or principles of the State of New York, or any other jurisdiction that would cause the application of the laws of any other jurisdiction). The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Any dispute between the parties that is not subject to arbitration as set forth in “Arbitration Agreement” or cannot be heard in small claims court, shall be resolved in the state or federal courts of Miami-Dade County in the State of Florida, and the United States, respectively, sitting in the State of Florida.
Sea Trove reserves the right to suspend, restrict, disable, terminate, or delete your access to the Services (in whole or in part) at any time, with or without notice, and for any or no reason.
All licenses granted to you under these Terms will terminate automatically if you breach these Terms. Sea Trove shall not be liable for any damages or obligations arising from such termination.
All provisions of these Terms that by their nature should survive termination, including but not limited to ownership, indemnification, disclaimers, limitations of liability, dispute resolution, and export compliance, will remain in effect.
If any provision of these Terms is found to be invalid or unenforceable, that provision will be severed, and the remaining provisions will remain in full force and effect.
You agree that any breach of these Terms may result in irreparable harm to Sea Trove, for which monetary damages would not be an adequate remedy. Sea Trove is entitled to seek equitable relief, including injunctive relief, without the need to post a bond or provide additional security.
If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
These Terms, together with the Platform Terms of Service, any Additional Terms, and any policies incorporated by reference, constitute the entire agreement between you and Sea Trove regarding your use of the Services and supersede all prior agreements or understandings. In the event of a conflict between these Terms and the Platform Terms of Service with respect to the Services, these Terms control.
You may not assign or transfer your rights under these Terms without Sea Trove’s prior written consent. Sea Trove may freely assign its rights and obligations.
The failure of either party to assert any right or enforce any provision shall not constitute a waiver of that right or provision.
Section headings are for reference only and do not affect the interpretation of these Terms. For purposes of these Terms, (a) the words “include,” “includes,” and “including” will be deemed to be followed by the words “without limitation”; (b) the word “or” is not exclusive; (c) the words “herein,” “hereof,” “hereby,” “hereto,” and “hereunder” refer to these Terms as a whole; and (d) unless the context otherwise requires, defined terms in the singular shall include their plural forms, and defined terms in the plural shall include their singular forms. Unless the context otherwise requires, references in these Terms: (x) to “Sections” refer to the sections of these Terms; (y) to an agreement, instrument, or other document means such agreement, instrument, or other document as amended, supplemented, and modified from time to time to the extent permitted by the provisions thereof; and (z) to a statute means such statute as amended from time to time and includes any successor legislation thereto and any regulations promulgated thereunder. These Terms will be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted.
Except as explicitly provided in these Terms, these Terms are intended solely for the benefit of the parties and do not create rights for third parties.