Terms of Use

Aurora Labs Limited, and/or its affiliates (“we,” “our,”, “us”, or the “Company”) provides its software services through its website located at aurorapass.app and related mobile applications and products (collectively the “Services” or “Aurora Pass” or the “Platform”). Before using our Services, please read the Terms of Service (the “Terms”) carefully, along with any other policies or notices on our website or mobile applications. The term “you,” “user,” and “client” refer to the person or entity accessing or otherwise using the Services (“use” or “using” in these Terms will mean any of the foregoing). By using the Services, you accept and agree to be bound and abide by these Terms and our Privacy Policy, made available to you on the Platform. If you do not agree to these Terms or the Privacy Policy, do not access or use the Platform. WE DO NOT PROVIDE INVESTMENT OR FINANCIAL ADVICE OR CONSULTING SERVICES. WE ARE SOLELY THE PROVIDER OF AURORA PASS AND WE DO NOT ADVISE OR MAKE RECOMMENDATIONS ABOUT ENGAGING IN DIGITAL ASSET TRANSACTIONS OR OPERATIONS. DECISIONS TO ENGAGE IN TRANSACTIONS OR PERFORM OPERATIONS INVOLVING DIGITAL ASSETS SHOULD BE TAKEN ON YOUR OWN ACCORD.

1. Access and eligibility

1. To be eligible to use Aurora Pass: (i) you must be at least eighteen (18) years old and legally competent to enter into these Terms; (ii) you must not be a resident of sanctioned jurisdictions according to any trade embargoes, UN Security Council Resolutions (“UNSCR”) or HM Treasury’s financial sanctions regime; and (iii) you must not be currently the subject of or subject to economic sanctions such as the United Nations Security Council Sanctions List, the list of specially designated nationals maintained by OFAC, the denied persons or entity list of the U.S. Department of Commerce or any similar list maintained by any other relevant sanctions authority. If you are using our Services on behalf of a legal entity, you further represent and warrant that: (iv) the legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and (v) you are duly authorized by such legal entity to act on its behalf. You can only use our Services if permitted under the laws of your jurisdiction.
2. For the avoidance of doubt, you may not use our Services if you are located in, or a citizen or resident of any state, country, territory or other jurisdiction where your use of our Services would be illegal or otherwise violate any applicable laws. Please make sure that these Terms are in compliance with all laws, rules, and regulations that apply to you. You agree that you are only using our Services with legally-obtained funds that rightfully belong to you. By using Aurora Pass, you represent and warrant that you meet all eligibility requirements that we outline in these Terms. We may still refuse to let certain people access or use Aurora Pass, however, and we reserve the right to change our eligibility criteria at any time.
3. The Company may change, modify, suspend or discontinue the Platform and these Terms at its discretion at any time, including the availability of any feature or content. The Company may also set limitations on certain features or restrict your access to parts or all of the Platform without notice or liability.
4. We make no representations or warranties that the information, products, or Services provided through the Platform, are appropriate for access or use in other jurisdictions. You are not permitted to access or use the Platform in any jurisdiction or country if it would be contrary to the law or regulation of that jurisdiction or if it would subject us to the laws of, or any registration requirement with, such jurisdiction. We reserve the right to limit the availability of the Platform to any person, geographic area, or jurisdiction, at any time and at our sole and absolute discretion.

2. Services

1. Aurora Pass is a non-custodial wallet software for digital assets (“Digital Assets”), meaning you are solely in control of and responsible for your Digital Assets and private keys, and accordingly you can authorize transactions from your wallet address. You expressly acknowledge and agree that as Aurora Pass is a non-custodial wallet software, you are solely responsible for your activity and any risk of loss at all times.
2. Aurora Pass allows you to:
   1. generate wallet addresses and associated private keys that you may use to send and receive digital assets;
   2. send/receive Digital Assets;
   3. obtain 50 free transactions per month, enabling interaction with the Aurora ecosystem without concern about gas costs;
   4. obtain 500 transactions per month in exchange for a fee, enabling interaction with the Aurora ecosystem without concern about gas costs;
   5. browse and access third party decentralized application(s) (“DApp(s)”) and third party decentralized exchanges (“DEX”) through the mobile application’s web browser.

3. Wallet Address, Private Key, and Backup Capabilities

1. An encrypted backup of certain information associated with your wallet can be stored on eligible devices. The private key is associated with the wallet address and, together, they can be used to authorize the transfer of Digital Assets to and from that wallet address. You are solely responsible for the retention and security of your private key and any mnemonic phrase (“Secret Phrase”) associated with your wallet. You must keep your wallet address, Secret Phrase, and private key access information secure. It is very important that you backup your private keys, backup phrases or passwords. Failure to do so may result in the loss of control of Digital Assets associated with your wallet. You acknowledge and agree that we do not receive or store your wallet password, encrypted private key, unencrypted private key, or Secret Phrase associated with your wallet. We cannot generate a new password for your wallet if you fail to remember your original password. If you have not safely stored a backup of any wallet address and private key pairs maintained in your wallet, you accept and acknowledge that any Digital Assets you have associated with such wallet address will become inaccessible. Accordingly, 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 wallet address, Secret Phrase and private key information secure.

4. Use of DApps and DEX

1. If you access or use DApps or DEX, including, without limitation, DApp functionality embedded within the Services such as the Trade/Swap Digital Assets function, you acknowledge and agree that: (i) Aurora Pass is not responsible for your access or use of DApps or DEX and shall have no liability whatsoever in connection with your use of DApps or DEX, including, without limitation, any transactions you dispute; (ii) the limits of amounts that you may exchange via DEX per day shall be subject to any requirements of the third-party developed smart contracts; (iii) blockchain operations are irrevocable meaning when you conduct any transactions via DApps or DEX, you shall be solely responsible for the consequences of any issues associated with such transactions, including, without limitation, your transfer to an incorrect address or problems associated with the node servers selected by you; and (iv) when you use DApps or DEX, third-party developed smart contracts may charge you handling fees and/or service fees and any information displayed on Aurora Pass relating to such fees are for your reference only as Aurora Pass cannot and does not guarantee its accuracy, applicability, reliability, integrity or appropriateness, nor shall Aurora Pass be liable for any loss or damage that may be caused directly or indirectly by your use of these contents..
2. The Platform’s feature, software or content (the “Content”) are the property of the Company, our licensors or third parties. We grant you limited, non-exclusive, non-transferable and revocable permission to make use of the Platform and limited, non-exclusive, revocable permission to make personal use of the features, software and Content (collectively, “Access”). This Access shall remain in effect until and unless your subscription terms end and Access is terminated by you or by the Company.
3. You also agree (a) not to violate any laws in connection with your use of the Platform; (b) not to interfere with or try to disrupt the Platform, for example, by distributing a virus or other harmful computer code into our platforms, third-party services, or other programs or systems our clients may use to promote their products; and (c) copy, sell, lease or otherwise provide access to the Platform to any third party.
4. From time to time, you may choose to submit feedback to us. We may, in connection with Aurora Pass, freely use, copy, disclose, license, distribute and exploit any feedback in any manner without any obligation, royalty or restriction based on intellectual property rights or otherwise. No feedback will be considered your Confidential Information, and nothing in these Terms limits our right to independently use, develop, evaluate, or market products or services, whether incorporating feedback or otherwise.

5. Digital Asset Transactions

1. In order for all proposed Digital Asset transactions to be completed, they must be confirmed and recorded in the Digital Asset’s associated public blockchain. Such networks are decentralized, peer-to-peer networks supported by independent third parties, which we do not own, control, or operate. We have no control over the blockchain networks and, therefore, cannot and do not ensure that any transaction details that you submit via our Services will be confirmed and processed. By using Aurora Pass, 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 Assets; and (iv) any transfer that occurs in relation to any Digital Asset 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 Asset.

6. Accuracy of Information Provided by User

1. 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 errors or omissions that you make in connection with any Digital Asset transaction initiated via the Services. We strongly encourage you to review your transaction details carefully before attempting to transfer a Digital Asset.

7. Wallet registration and security

1. You must either import or create a wallet in order to use Aurora Pass. When you create a wallet, you will be assigned a private key. You agree to immediately notify us of any unauthorized use of your private key or any other breach of security of your wallet. Notwithstanding the foregoing, you acknowledge and agree that you shall assume all risks related to the use of the Services and you shall be solely responsible for maintaining the confidentiality and security of your private key. When you create a wallet, you are strongly advised to take precautions in order to avoid loss of access to and/or control over your wallet. Suggested measures include, but are not limited to, the following: (a) creating a strong unique password that you do not use for any other purpose (i.e. different to your phone password or any other passwords you use for websites, online services, etc.) and leveraging biometric authentication if available; (b) do not store the private key and Secret Phrase in plain text online or in an unsecured physical location; (c) limiting access to your devices and your wallet; (d) taking all necessary precautions against malware on your devices and networks; and (e) promptly notifying us if you discover or otherwise suspect any security breaches related to your wallet. Notwithstanding anything to the contrary herein, we shall have no liability whatsoever in connection with activities that occur on your wallet with or without your authorization.
2. You may agree to receive push notifications from Aurora Pass that will alert you when transactions involving your wallet have been completed. If you would like to receive push notifications, you must opt in to the service by accessing “Settings” and enabling “Push Notifications”.
3. Fees applicable to the Services or any component of the Services, if any, shall be set forth at aurorapass.app and/or the Aurora Pass mobile application.
4. There may be transaction fees (e.g. mining fees) associated with your virtual currency transactions that are required by the virtual currency system or blockchain network that you engage with. You must ensure that you have an adequate balance in your wallet and/or “gas” to complete transactions before initiating a transaction. You acknowledge and agree that we will not be liable for any failed transactions or losses you incur due to incorrectly set transaction fees (i.e. too low or too high) or due to insufficient funds or gas associated with your wallet address. You further acknowledge and agree that we do not have access to your or anyone else’s transactions.
5. It is your responsibility to determine what, if any, taxes apply to the transactions that you have submitted transaction details for via the Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that we are not responsible for determining whether taxes apply to your transactions or for collecting, reporting, withholding, or remitting any taxes arising from any Digital Asset-related transactions.

8. Disclaimers

1. You understand and agree that we do not have access to your private key and cannot initiate an interaction with your virtual currency or otherwise access your virtual currency. We are not responsible for any activities that you engage in when using your wallet, or the Platform.
2. We cannot and do not represent or guarantee that any of the information available through the Platform is accurate, reliable, current, complete or appropriate for your needs. Your use of any third party scripts, indicators, ideas and other content is at your sole risk.
3. You expressly understand and agree that your use of the Platform is at your sole risk. We make and expressly disclaim all representations and warranties, express, implied or statutory, and with respect to the Platform and the code proprietary or open-source, we specifically do not represent and warrant and expressly disclaim any representation or warranty, express, implied or statutory, including without limitation, any representations or warranties of title, non-infringement, merchantability, usage, security, suitability or fitness for any particular purpose, or as to the workmanship or technical coding thereof, or the absence of any defects therein, whether latent or patent. We do not represent or warrant that the Platform’s code and any related information are accurate, complete, reliable, current or error-free.

9. Third party services and content

1. In no event shall a description or reference to a third party’s product or service (including, but not limited to, providing a description or reference via hyperlink) be construed as an endorsement or promotion of such third party products or services by us.
2. We retain the exclusive right to add to, modify, or cancel the availability of any third party service. You may agree to receive push notifications from third party content providers. In order to receive push notifications, you must opt in to the service. Push notifications will not be automatically enabled on your device for third party content.
3. We do not control, endorse, or adopt any third party content shared through push notifications, and will have no responsibility for third party content including, but not limited to, token availability and/or sales.
4. If, to the extent permitted by Aurora Pass, you grant express permission to a third party to access or connect to your Aurora Pass account, either through the third party’s product or service or through Aurora Pass, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under these Terms. You are fully responsible for all acts or omissions of any third party with access to your wallet.

10. Limitations of Liability

1. You understand that our Platform is provided “as is,” with all faults and without any warranty (express or implied). TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE EXPRESSLY DISCLAIMING ANY AND ALL WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES OR CONDITIONS IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE, CONCERNING OUR PLATFORM. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
2. You agree to use the Platform solely at your own risk. We do not guarantee that the results of using the Platform meets your expectations or that it is secure or available at any particular time or location. You understand that blockchain technologies and associated assets, and other assets are highly volatile due to many factors including but not limited to popularity, adoption, speculation, regulation, technology and security risks.
3. Our liability is limited according to the provisions of these Terms. To the fullest extent permitted by law, you release us from any claims and demands, as well as any damages, losses, liabilities, judgments, costs, reasonable attorneys’ fees, and other expenses incurred or suffered by the Company of every kind and nature, known and unknown, relating to or arising out of any right, claim, or matter (a) which is disclaimed by the Company (or for which the Company provides no guarantees) under these Terms, or (b) for which the Company is otherwise indemnified or released by you under these Terms. Notwithstanding the aforementioned, the Company’s liability to pay damages for any losses incurred by you as a result of a breach of contract, negligence or other tort committed by the Company, regardless of the theory of liability asserted, is limited to no more than the most recent three (3) months of you using the Platform.
4. You expressly agree that you assume all risks in connection with your access to and use of the Platform. Additionally, you expressly waive and release us from any and all liability, claims, causes of action, or damages arising from or in any way relating to your access to and use of the Platform.

11. Indemnification

1. To the fullest extent permitted by law, you will defend, indemnify, and hold the Company harmless from any claim or demand made by any third party, as well as any damages, losses, liabilities, judgments, costs, reasonable attorneys’ fees, and other expenses of every kind and nature, known and unknown, incurred or suffered by the Company, relating to or arising out of (a) your breach of these Terms, (b) your use (or misuse) of the Platform, or (c) your violation of any law or the rights of a third party. We reserve the right to handle our legal defense.

12. Governing Law and Dispute Resolution

1. These Terms, and all disputes and claims arising out of or in connection with these Terms or its subject matter or formation, including non-contractual disputes and claims, are governed by the laws of Gibraltar without regard to its conflict of laws rules. These laws will apply no matter where you live or are located in the world. Notwithstanding the aforementioned, nothing in these Terms, including the aforementioned choice of law provision, affects your rights as a user to rely on any mandatory provisions of the country’s law in which you are resident.
2. You and the Company: (a) waive the right to have any and all disputes or claims arising from these Terms, your use or access to the Platform or any other disputes with the Company (collectively, “Disputes”) resolved in a court; and (b) waive any right to a jury trial. Instead, you and the Company agree to arbitrate Disputes that are not resolved informally (as described below) through binding arbitration (i.e. the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it) instead of having the Dispute decided by a judge or jury in court).
3. You and the Company agree that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. Neither party agrees to class arbitration or to an arbitration in which an individual attempts to resolve a dispute as a representative of another individual or group of individuals. Further, you and the Company agree that a Dispute cannot be brought as a class, or other types of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
4. You agree that will notify the Company, in writing, of any Dispute within thirty (30) days of when it arises so that you and the Company can attempt, in good faith, to resolve the Dispute informally. Notice to the Company shall be provided by sending an email to [email protected]. Your notice must include (1) your name, postal address, and email address; (2) a description of the nature or basis of the Dispute; and (3) the specific action that you are seeking. If you and the Company cannot resolve the Dispute within thirty (30) days of the Company receiving the notice, either you or the Company may, as appropriate pursuant to this section, commence an arbitration proceeding. You and the Company agree that any arbitration or claim must be commenced or filed within one (1) year after the Dispute arose; otherwise, you and the Company agree that the claim is permanently barred (which means that you will no longer have the right to assert a claim regarding the Dispute).

13. Miscellaneous

1. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. We may assign these Terms upon notice to you at our sole discretion. Headings are for reference purposes only and do not limit the scope or extent of such a section. Our failure to act concerning a breach by you or others does not waive our right to bear concerning subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms.
2. The Company collects processes and/or shares personal data with third parties in accordance with its Privacy Policy and all the applicable laws and regulations regarding personal data processing and protection.
3. The Company reserves the right to transfer or assign these Terms or any right or obligation under these Terms at any time.
4. We may amend any portion of these Terms at any time by posting the revised version of these Terms with an updated revision date. The changes will become effective and shall be deemed accepted by you, the first time you use or access the Platform after the initial posting of the revised Terms and shall apply on a going-forward basis with respect to your use of the Platform including any transactions initiated after the posting date. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Platform.
5. These Terms (and any additional terms, rules and conditions of participation that may be posted on the Platform) including the Privacy Policy constitute the entire agreement with respect to the Platform and supersedes any prior agreements, oral or written.
6. If you have any questions about these Terms, please email us at [email protected].