Terms of service

1. The agreement

These terms are between you and Hesperion Labs ("we", "us"). Hesperion Labs Ltd is being incorporated in England and Wales; its company details will be added here once registered. By installing or using Hesperion Wallet (the "app") you agree to these terms and to our privacy policy. If you don't agree, don't use the app.

You must be at least 18 and legally able to enter a contract where you live.

2. What the app is

The app is software that lets you create and manage blockchain wallets on your own device: hold, send and receive crypto-assets; swap and stake through third-party protocols; view and trade NFTs; and, where available, buy crypto-assets through licensed payment partners and use a payment card issued by a licensed partner.

We provide the software and the servers that supply it with prices, balances and market data. We do not hold your assets, act as your broker, exchange, custodian, bank or financial adviser, or take any part in the transactions you sign.

3. You hold the keys

• Your recovery phrase and private keys are generated and stored on your device. We never have them.
• We cannot recover your funds if you lose your phrase, your passcode and your device.
• We cannot reverse, cancel or refund a transaction once it is broadcast.
• Anyone who has your recovery phrase has your funds. Keep it offline and private. We will never ask for it.

4. Your responsibilities

• Keep your device, passcode and recovery phrase secure, and keep an offline backup of the phrase.
• Check every address and amount before you confirm a transaction. Blockchain transactions are final.
• Comply with the laws that apply to you, including tax reporting and any restrictions on crypto-assets where you live.
• Don't use the app to launder money, finance terrorism, evade sanctions, defraud anyone or infringe anyone's rights.
• Don't attack, reverse-engineer, scrape or overload the app or our servers, and don't misrepresent yourself to us or to our partners.

5. Third-party services

Swaps, staking, NFT marketplaces, fiat purchases, identity verification and payment cards are provided by third parties under their own terms, which you accept when you use the feature. We don't control those services, their prices, their availability or their decisions (such as declining a purchase or a verification). On-chain protocols can contain bugs; you use them at your own risk.

6. Fees

• Blockchain network fees are paid to the network, not to us, and vary with congestion.
• We may charge a fee on some features, such as swaps or fiat purchases. Any fee of ours is shown before you confirm.
• Third-party providers may charge their own fees, shown in their flow.

7. Risks you accept

Crypto-assets are volatile and can lose all their value. Networks can be congested, forked or halted. Smart contracts can fail. Prices and portfolio figures in the app come from third-party feeds and can be delayed or wrong; they are information, not advice. Nothing in the app is investment, legal or tax advice.

8. Availability and changes

We may change, suspend or withdraw features, or the app itself, at any time, including where a partner withdraws or the law requires it. Because your keys are on your device, you can always export your recovery phrase and use it in another compatible wallet. We may restrict access for people who break these terms or whom we are legally required to exclude, including people in sanctioned territories or on sanctions lists.

9. Intellectual property

The app, its design, name and content are ours or our licensors'. You get a personal, non-transferable licence to use the app on devices you control. Your keys, your assets and your data are yours.

10. Liability

The app is provided "as is" and "as available", without warranties of any kind beyond those the law doesn't allow us to exclude.

To the fullest extent the law allows, we are not liable for loss of crypto-assets or profits, or for indirect or consequential loss, arising from: your loss of a phrase, passcode or device; transactions you sign; third-party services, protocols or networks; price-feed errors; or events outside our reasonable control. Where liability cannot be excluded, our total liability to you for all claims in any 12-month period is limited to the greater of £100 and the fees you paid us in that period.

Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that can't be limited under the law that applies to you. If you are a consumer, you keep the mandatory protections of the country where you live.

11. Indemnity

You will compensate us for losses and costs that result from your breach of these terms or of the law, or from your infringement of someone else's rights, to the extent the law allows.

12. Ending the agreement

You can stop at any time by deleting the wallet and the app; back up your recovery phrase first. We can end or suspend your access if you break these terms or if the law requires it. Sections 3, 7, 9, 10, 11 and 13 survive.

13. Law and disputes

These terms are governed by the laws of England and Wales, and the courts of England and Wales have jurisdiction, except that if you are a consumer you may also rely on the mandatory consumer-protection rules and courts of the country where you live. Before going to court, please email us; most problems are quicker to fix that way.

14. General

If part of these terms turns out to be unenforceable, the rest still applies. Our not enforcing a term isn't a waiver of it. We may update these terms; the date at the top changes, and material changes are shown in the app before they take effect. These terms and the privacy policy are the whole agreement between us about the app.

15. Contact

Hesperion Labs, support@hesperion.app, hesperion.app.