The Integrators BV, is a Dutch limited liability company (“The Integrators”) whose efforts are currently aimed at building open source software, including but not limited to XUMM app (“XUMM”), and operating network infrastructure (the “Solutions”) in order to provide such Solutions’ users (“Users”) with direct and disintermediated access to the XRP Ledger (“XRPL”), and all the features that come with it. For purposes of distributing the Solutions globally, The Integrators has entered into a distribution agreement with its related party XRPL Labs OÜ, a corporation duly incorporated under the laws of Estonia (The Integrators and XRPL Labs OÜ are jointly referred to hereinafter as “XRPL Labs”).
Since XRPL Labs’s Solutions are completely based on the XRPL and its features, it is important for the Company to transmit the following key concepts to the Users:
Note that the XRPL allows Gateways to freeze their non-XRP IOUs for purposes of meeting regulatory requirements or investigating suspicious activities.
As a result of this, XRPL Labs is not able to solely decide and/or control any modifications either proposed or merged into the XRPL code base, which may or may not indirectly force XRPL Labs to modify the Solutions.
In virtue of the foregoing, Users hereby represent that they have been made duly aware of the concepts described herein above and, therefore, acknowledge the following:
In the best interest of the Solutions, XRPL Labs will undertake all reasonable efforts to maintain the availability and quality of such infrastructure; however, it may be the case that the Company needs to stop the operation of nodes, validators and full history nodes, among others, either to reasons attributable to XRPL Labs itself or external reasons (i.e. force majeure). In any case, the Company will timely notify and publicly disclose such infrastructure interruptions to all interested parties.
In furtherance of the above, the Company is not able to control, authorize, reject, seize and/or censor any of the funds or the accounts held and/or managed by the Users through the Solutions. In other words, XRPL Labs is not responsible and cannot be held liable by Users for any losses of funds, for the loss of access to their addresses, the improper management of secrets or private keys, Users’ mistakes and/or ignorance.
For purposes of providing further clarity, once: (a) a transaction has been signed by a User using any of the Solutions or (b) access to funds and or addresses has been lost; there is no way back, transactions cannot be reversed and funds cannot be recovered.
However, XRPL Labs cannot and will not guarantee the reliability, trustworthiness or liquidity of the IOUs issued by any third party Gateways, either included in the recommendation set forth by the Company or not. Moreover, XRPL Labs cannot, at any moment, guarantee that the Gateways will either honor its obligations or even redeem (entirely or partially) the value represented by their IOUs.
Note that Gateways have the right to freeze their IOUs at their sole discretion, which means that Users might experience IOU freezing through XUMM and/or other Solutions, without such circumstance being attributable to XRPL Labs, but to the relevant Gateways. The Company CANNOT unfreeze the IOUs that have been frozen by a Gateway.
In this sense, XRPL Labs does not take responsibility on the contributions and/or translations produced by independent contributors nor the Company hereby agrees to assume any potential liability arising thereof. Likewise, such contributors have not entered into an agreement, legal or business relationship with XRPL Labs and, as such, have not undertaken any obligation or responsibility to guarantee or maintain the quality, effectiveness, accuracy and/or fitness of their contributions, nor any potential liability arising in connection therewith.
Due to the characteristics of XRPL Labs’s Solutions, Users hereby agree that they are solely responsible for each of the following actions and, hence, will not, under any circumstances, try to hold the Company liable for any mistakes, mismanagements, negligent conducts, deliberate errors and/or the loss of funds or the loss of access to XRPL addresses, potentially arising in connection therewith.
Users shall implement all necessary measures to keep offline backups of the above referred secrets and/or keys in multiple secure places. XRPL Labs does not store such information on Users’ behalf for security purposes, and is not a custodian of Users’ funds and/or accounts. The Company is NOT able to recover lost funds or accounts.
Importantly, Users have been made aware and hereby acknowledge that due to security reasons, the Solutions (including but not limited to XUMM), DO NOT allow for the export of XRPL addresses’ secrets, keys and/or seeds that have been either created through the Solutions or imported from external sources, meaning that whenever Users intend to recover their accounts, they will always be required to do so through the utilization of their offline backups or otherwise safely stored secrets.
Note that the curated recommendation of Gateways and IOUs provided by the Company DOES NOT relief Users from this responsibility.
Regardless of Users’ responsibilities as per this Section III, XRPL Labs has made available a support section, so Users are able to submit their questions and/or concerns regarding the Solutions and get assistance from XRPL Labs, who, to the extent reasonably possible, will be committed to timely provide the requested support.
XRPL Labs may constantly change, modify and improve its Solutions, thereby adding or removing functionalities, features and offerings (software may automatically update on Users’ Devices). XRPL Labs may also temporarily or permanently suspend its Solutions.
XRPL Labs conserves the unrestricted right to block, ban, suspend and/or interrupt, without prior notification, the provision of its Solutions to specific Users, in the event that the Company detects either one or more of the following activities and/or scenarios:
XRPL Labs also conserves the unrestricted right to prevent Users from using the Solutions to send funds to the Users who have been restricted as a consequence of being found responsible for any of the activities described herein above.
XRPL Labs may modify these ToS or any additional terms that apply to the Solutions to, for example, reflect changes to the applicable law or changes to such Solutions. Changes will not apply retroactively and will become effective no sooner than fifteen days after they are posted. Changes made to reflect changes arising from legal considerations, will be effective immediately. If you do not agree to the modified ToS, you should discontinue your use of the Solutions.
If you use our Solutions on behalf of a business, a legal entity or vehicle (a “Business”), such Business accepts these ToS. Moreover, it will hold harmless and indemnify XRPL Labs and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Solutions or violation of these ToS, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
All XRPL Labs’s Solutions are provided “As Is” on a “Best Effort” basis, with all faults and as available. To the maximum extent permitted by law, XRPL Labs, along with its representatives, officers and partners, make no (and specifically disclaims all) representations or warranties of any kind, whether express, implied, statutory or otherwise, including without limitation, any warranty that the Solutions will be uninterrupted, error-free or free of harmful components, or any implied warrant of merchantability, satisfactory quality, fitness for a particular purpose, or non-infringement, and any warranty arising out of any course of performance, course of dealing or usage of trade. Some jurisdictions do not allow the foregoing exclusions. In such an event, such exclusion will not apply solely to the extent prohibited by applicable law.
To the fullest extent permitted by law, in no event will XRPL Labs, its affiliates, representatives, officers, employees, suppliers or licensors be liable for: any direct, indirect, incidental, special, punitive, cover or consequential damages, or damages for lost accounts funds, information, virtual assets, payment obligations, IOUs, or content, however caused, under any theory of liability, including without limitation, contract, tort, warranty, negligence or otherwise, even if XRPL Labs has been advised as to the possibility of such damages.
To the maximum extent permitted by applicable law, the aggregate liability of XRPL Labs and its affiliates, representatives, officers, employees, suppliers or licensors, relating to the Solutions will be limited to fifty Euro (EUR €50). The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose. Some jurisdictions do not allow the limitation of incidental, consequential or other damages. In such an event, this limitation will not apply to you to the extent prohibited by law.
Users acknowledge that the foregoing limitations are an essential element of the agreement between you and XRPL Labs and that in the absence of such limitations the terms and conditions set forth in these ToS would be substantially different.
All disputes, controversies or claims (collectively, “Claims”) relating in any way to Users’ use of XRPL Labs’s Solutions, will be finally resolved through the implementation of alternative dispute resolution mechanisms, including but not limited to, mediation, arbitration, conciliation and negotiation, as agreed from time to time between the Company and the respective Users.