‍1. GENERAL USE

1.1 Eligibility - A little Bit About You First.

By using the Services, you represent and warrant that you:

i. are 18 years of age or older;

ii. have the capacity to enter into this Agreement and agree to be legally bound by the terms and conditions of this Agreement, as amended from time to time and are not barred from using the Services under any applicable law;

iii. are not located in, under the control of, or a resident of any country to which the United States has embargoed goods or services, including but not limited to Cuba, Iran, North Korea, Syria or Russian controlled areas of Ukraine (such as, Republic of Crimea, Donetsk People’s Republic, Luhansk People’s Republic). 

iv. are not identified as a Specially Designated National (“SDN”) by the U.S. Department of the Treasury Office of Foreign Assets Control (“OFAC”) or placed on the U.S. Department of Commerce’s Denied Persons List;

v. are either (a) using the Services only for your own personal use, or (b) using the Services for another entity with authorization from such entity, and you have authority to agree to and do agree to the terms of this Agreement on behalf of such entity; and

vi. you will comply with this Agreement and all applicable local, state, national, and international laws, rules, and regulations in your usage of the Services.

vii. If you do not meet all of these requirements, you must not access or use the Services.

‍1.2 Changes To Our Services: How & When We Update Things.

We may update this Agreement or change, suspend, or limit features of our Services at any time. 

Here's what you need to know:

• You're responsible for checking this Agreement regularly for any changes or updates.

• For significant changes we'll try to give you reasonable advance notice.

• For urgent changes related to security, safety, legal or regulatory requirements, we might not be able to notify you beforehand, but we'll let you know as soon as we can.

• If you don't agree with any changes, your only option is to stop using our Services.

• By continuing to use our Services after changes take effect, you're accepting those changes.

‍1.3 Setting Up Your Freighter Wallet : What You Need to Know.

To use the Services, you'll need to set up a Freighter Wallet. Here's what this means:

• You're using this for yourself or an authorized entity. By setting up your Freighter Wallet, you confirm you're either using it for yourself or you have permission to act on behalf of the entity you represent.

• We do not require your name, email, or other directly identifying information to use the Services. However, when you use the Freighter App, certain technical information—such as your Stellar Account, device information, and blockchain transaction data—may be collected. While we do not link this information to your real-world identity, your Stellar Account on the Stellar Network and related blockchain activity may be considered personal data under some privacy laws because it could potentially be linked to you through external means. For more details, please see our Privacy Policy available at https://www.freighter.app/privacy. 

• Your access may depend on additional steps. We might ask for more information during our onboarding process, and your ability to use certain services depends on providing it.

• Keep your Services credentials secure. Don't share your private keys, seed phrase, or access credentials with anyone. If you notice any unauthorized use, tell us immediately.

• You're responsible for all Freighter Wallet activity. Any actions taken through your Freighter Wallet are your responsibility, whether you knew about them or not.

• We have some discretion about your access. We can refuse to provide Services, limit how many Freighter Wallets you can create, or restrict your access to certain features.

• We may suspend or limit access to your Freighter Wallet if:

  • You provide false or incomplete information

  • We suspect your Freighter App or Freighter Wallet is being used to violate this Agreement

  • You don't meet our requirements

‍1.4 Accessing Our Services: What You Need & What To Expect.

To use the Services, you'll need:

• Your own devices connected to the internet. You're responsible for having the necessary equipment (like a smartphone) and internet connection. We don’t cover any internet fees or data charges you might incur while using our Services.

• Access to the Services through our browser extension, mobile application, or website.

• Understanding about service availability. While we work hard to provide reliable service, sometimes the Services might be unavailable due to:

  • Technical problems with equipment or technology

  • Scheduled maintenance or repairs

  • Circumstances beyond our control

• Acceptance of occasional downtime. If for any reason the Services are inaccessible or inoperable, you agree to hold harmless SDF for any impact this inaccessibility or inoperability may have upon you or your use of the Services.

‍2. FREIGHTER SERVICES

2.1 Digital Interface.

The Services allow you to create a Freighter Wallet, which generates and manages cryptographic keys for your Stellar Account on the Stellar Network.The Services provide a graphical user interface to view your information and create transactions on the Stellar Network. While the Stellar Network itself is not part of our Services, the Services enable you to interact with it.

2.2 Use of the Stellar Network and Its Limitations.

The Services enable you to view, hold and transfer digital asset balances, undertake certain transactions, interact with smart contracts, and otherwise transact through the Stellar Network. Activities on the Stellar Network are powered by a network of independent servers and are not controlled by us or any other single entity. We do not and cannot guarantee the successful operation, up-time, security, or functioning of the Stellar Network. We cannot control the activities of you or third parties who may develop or transact on the network, validate transactions on the network, or use the network because we do not control the Stellar Network and cannot control activity and data on the network. We cannot prevent, erase, reverse, hide, fix, or otherwise change any transaction submitted on the Stellar Network. All activity and data on the Stellar Network are permanent and public.

You agree and acknowledge that any access or use by you of the Stellar Network is made solely at your own risk and that we bear no responsibility or liability for your use of the Stellar Network, including, without limitation, for any harm, loss, or damages arising from transactions sent to wrong addresses, incorrectly constructed transactions, software and network problems, technical failures, unauthorized access to any accounts, legal and regulatory matters and consequences, or fraud conducted by third parties. 

2.3 Your Digital Assets: Important to Know.

The Services help you manage your digital assets on the Stellar Network, but here are some important things to understand:

• These aren't traditional currencies. Lumens (XLM) and other digital assets accessed through the Services:

  • Are not legal tender

  • Are not backed by any government

  • Are not protected by the Federal Deposit Insurance Corporation ("FDIC") or the Securities Investor Protection Corporation ("SIPC")

• Values can change dramatically. The value of your digital assets can be highly volatile and could potentially drop to zero, even for assets designed to track real-world currencies.

• We don't control or guarantee values. The Services or SDF aren't responsible for the value of any digital assets shown in your app and make no claims about their worth.

• Do your own research. You agree to investigate any digital assets before acquiring them. Any digital asset you may acquire using the Services is made voluntarily.

• You accept the risks. Any purchases you make are voluntary and entirely at your own risk.

‍2.4 Your Key, Your Responsibility.

When setting up your Freighter Wallet, the Services generate cryptographic private and public key pairs for your Stellar Account on the Stellar Network.

You agree to store, outside of the Services, a backup of your private key and all related Services credentials, including any passphrases, mnemonic phrases, identifiers, backup phrases, and network addresses. If you do not maintain a backup of your private key and data outside of the Services, you will not be able to access the digital asset balance in your account on the Stellar Network that are accessed through the Services in the event that the Services or the Freighter Wallet are disrupted or we discontinue or no longer offer some or all of the Services. We will not maintain nor are we responsible for maintaining any data on your behalf. 

You agree and acknowledge that you are solely responsible for the secure storage of any digital assets accessed through your Freighter App, your user key, and any other related private keys in your possession. You agree that in no event will SDF be liable for the security or control of any digital assets, user keys, recovery keys, or other credentials held in or related to the Services. 

Don’t lose your key(s)!

‍2.5 How Your Transactions Work.

Your Freighter Wallet, via the Services, allows you to create, sign, and submit transactions from your Stellar Account to the Stellar Network. Here's how it works:

• Your device handles the signing. The Services use private key information stored on your device to sign transactions you initiate.

• Transactions need proper authorization. On the Stellar Network, all transactions need to be authorized by your private key. 

• Transactions can't be undone by you. Once a transaction is signed and submitted to the Stellar Network, you cannot cancel, reverse, or change it.

• The network might affect your transaction. A transaction may fail to execute or be delayed if, for example, it does not meet network requirements, is invalid, or encounters other technical issues beyond our control.

• We're not responsible for network actions. Our Services or SDF won't be responsible for any consequences if the Stellar Network affects your transaction in any way.

‍2.6 Fees: The Services are Free For Now, May Change Later.

Network Requirements

You're responsible for maintaining the minimum XLM balance ("XLM Reserve") required by the Stellar Network for your account's trustlines and signers. This reserve can only be used for maintaining your account on the Stellar Network and cannot be withdrawn. You're also responsible for any transaction fees charged by the Stellar Network.

Freighter Fees

Currently, SDF does not charge fees for use of the Services. However:

• Third-party services and ramps may charge their own fees

• We may introduce fees in the future

• If we add fees, we'll clearly display them before you incur any charges

Third-Party Fees

Issuers of non-XLM digital assets may charge their own fees for deposits, withdrawals, or other services when you use them through the Services.

‍3. THIRD-PARTY SERVICES

3.1 Third-Party Services & Your Responsibilities.

The Service may provide links, integrations with or access to third-party websites, applications, content, or resources ("Third-Party Services"). Please understand the following:

• Access to Third Party Services for convenience only. We provide access to these Third Party Services solely as a convenience and do not exercise control over their content or operations.

• No warranties or endorsements. We do not warrant, endorse, or assume responsibility for the availability, legitimacy, content, products, or services offered by these Third-Party Services.

• Assumption of risk. You acknowledge sole responsibility for and assume all risk arising from your use of any Third-Party Services. Your interactions with such services are solely between you and the third party.

• Separate terms apply. Your use of Third-Party Services is governed by separate terms and conditions between you and the third-party provider identified in the Freighter App.

• Duty to review terms. You are responsible for reviewing and understanding the applicable terms and conditions before engaging with any Third-Party Service.

 ‍3.2 Understanding Ramps: Functions & Limitations.

The Services may allow you to interact with specialized third-party services on the Stellar Network called "Ramps" that provide conversion between traditional currencies and digital assets:

• What Ramps do: Ramps provide "on-ramp" functionality (converting traditional money to digital assets) and "off-ramp" functionality (converting digital assets back to traditional money).

• Independent status: Ramps operate as independent Third-Party Services subject to Section 3.1. SDF does not provide these services.

• Terms and governance: Your use of any Ramp is governed by that Ramp's own terms and conditions, not ours. SDF makes no representations, warranties, or endorsements about any Ramp's services.

• Risks involved: Using Ramp services involves various risks, including:

  • Potential loss of funds

  • Loss of access to your digital assets

  • Unavailability of the Stellar Network

  • Software bugs or errors in the Ramp's services

  • Inability to purchase, redeem, or convert digital assets

  • Risks related to sharing your data with the Ramp

• Limitation of liability: SDF is not responsible for any loss or delay in accessing your digital assets when issues occur in connection with a Ramp's services.

• Conversion limits: We or the Ramp may set maximum amounts of currency or digital assets you can convert through Ramp services. These limits may change at any time without notice.

‍3.3 Using the Stellar Network’s Built-in Decentralized Exchange.

The Stellar Network includes a built-in decentralized exchange (the “DEX”), which is a permissionless, non-custodial protocol feature of the network. You may choose to access the DEX through the Services, for example to post offers or trade assets available on the Stellar Network. The DEX is not operated or controlled by the Services, and no guarantees are made about its functionality, reliability, or security. All DEX activity occurs directly on the Stellar Network according to its consensus protocol, without the Services or any other off-ledger third party acting as an intermediary or custodian.

For more information, the developer guide for the DEX is published here: https://developers.stellar.org/docs/encyclopedia/liquidity-on-stellar-sdex-liquidity-pools#sdex.

‍4. REPRESENTATIONS, WARRANTIES, and RISKS

4.1 Warranty Disclaimers.

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ALL SUBPARTS THEREOF, INCLUDING ALL TOOLS, APPLICATIONS, AND OTHER CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SDF SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT AS TO THE SERVICES AND THE INFORMATION, CONTENT, TOOLS, AND MATERIALS CONTAINED THEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. SDF DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT (I) ACCESS TO THE SERVICES OR ANY PART THEREOF WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (II) THAT THE SERVICES OR ANY MATERIALS CONTAINED THEREIN ARE ACCURATE, COMPLETE, RELIABLE, OR CURRENT; (III) THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THAT THE SERVICES OR ANY OF THE MATERIALS CONTAINED THEREIN WILL MEET YOUR REQUIREMENTS, NEEDS, OR EXPECTATIONS. ADDITIONALLY, SDF DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE LEGALITY OF THE SERVICES FOR ANY USE CASE, OR THAT THE SERVICES MAY MEET ANY REGULATORY AND COMPLIANCE NEEDS. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING AND COMPLYING WITH ALL APPLICABLE LEGAL AND REGULATORY RESTRICTIONS, REPORTING OBLIGATIONS AND OTHER REQUIREMENTS THAT MAY GOVERN YOUR USE OF THE SERVICES. EXCEPT FOR THE EXPRESS STATEMENTS SET FORTH IN THIS AGREEMENT, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR UNDERSTANDING, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR ACCESS AND USE OF THE SERVICES. SDF IS NOT ACTING AND CANNOT ACT AS YOUR ADVISOR WITH RESPECT TO ANY FINANCIAL, LEGAL, INVESTMENT, OR TAX MATTERS. ANY INFORMATION PROVIDED BY THE COMPANY IS FOR GENERAL INFORMATION ONLY, AND YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER OR NOT TO USE THE SERVICES. YOU ACKNOWLEDGE THAT THE SERVICE MAY BE SUBJECT TO EXPORT RESTRICTIONS AND ECONOMIC SANCTIONS IMPOSED BY U.S. LAW.

‍4.2 Technology Disclosures & Disclaimers.

‍WITHOUT LIMITING THE GENERALITY OF SECTION 4.1: YOU ACKNOWLEDGE THAT THE STELLAR NETWORK IS A DECENTRALIZED NETWORK THAT IS NOT OPERATED OR CONTROLLED BY THE STELLAR DEVELOPMENT FOUNDATION, OR ANY THIRD PARTY ENTITY. NO ENTITY CONTROLS THE FUNCTIONALITY OR ACTIVITY OF THE STELLAR NETWORK OR THE VALUE OR ACTIVITY OF XLM. ALL TECHNOLOGY, SERVICES, AND INFORMATION RELATED TO THE STELLAR SOFTWARE AND THE STELLAR NETWORK ARE PROVIDED ON AN “AS IS” BASIS. SDF EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, SERVICE LEVELS, AND INDEMNITIES, EXPRESS OR IMPLIED, RELATED TO THE STELLAR NETWORK, STELLAR SOFTWARE, AND DIGITAL ASSETS, INCLUDING ANY FAILURE OF THE STELLAR NETWORK, ANY LOSS OF VALUE OR ACCESS RELATED TO DIGITAL ASSETS, OR ANY TECHNOLOGICAL DISRUPTIONS OR FAILURES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. 

‍4.3 Regulatory Disclosures & Disclaimers.

You acknowledge that: (i) SDF does not offer securities-related services in the United States or to U.S. persons and is not registered with the U.S. Securities and Exchange Commission; (ii) SDF does not possess sufficient credentials to conduct transactions from any User’s account on the Stellar Network in any digital asset; (iii) SDF is not a money transmitter or money service business and does not convert or transmit digital assets or any other thing of value on anyone’s behalf; and (iv) SDF does not provide investment, financial, tax, or legal advice. The information and applications provided in connection with the Services do not constitute investment advice, financial advice, trading advice, or any other sort of advice, and should not be treated by any user as such. SDF makes no recommendation, and does not provide any advice about the value of any digital asset. Additionally, SDF and digital assets using the Stellar Network could be affected by one or more regulatory inquiries or regulatory action, which could impede or limit the ability of SDF to continue to develop, or which could impede or limit your ability to access or use the Services or the Stellar Network.

‍4.4 Cryptographic Risks & Acknowledgements.

When you use our Services, you confirm the following:

1. You understand the risks of cryptographic systems. You represent that you have sufficient knowledge of native cryptographic tokens (like XLM), how to manage public and private keys, and how blockchain-based software works.

2. You recognize that cryptography constantly evolves. New developments in code cracking or technologies like quantum computing could threaten digital assets and potentially lead to theft or loss of your tokens or property.

3. You understand that digital assets can be extremely volatile in value due to many factors including adoption rates, market speculation, technological changes, and security concerns. You acknowledge you could potentially lose your entire investment in digital assets.

4. You recognize that transaction costs on the Stellar Network may change and increase over time, affecting your activities.

5. You acknowledge that while we strive to update our Services with improved security measures as cryptography advances, we cannot guarantee complete security. 

By using our Services, you accept these inherent risks.

‍4.5 Third-Party Risks.

You understand that conducting transactions that involve the DEX, or any third-party will inherently carry risks associated with third parties that SDF does not and cannot control. You understand and acknowledge that the ability to transact with the DEX, with any Ramp, or with any other third-party via the Services does not mean that SDF endorses, supports, recommends, or makes any other representation regarding such Ramp, the DEX, or other such third party. Unless expressly stated otherwise in this Agreement, SDF disclaims any and all liability arising from your use of Third-Party Services, your interaction with third parties, or any transactions you may conduct with third parties, whether via the Freighter App, the Services, or otherwise.

‍4.6 Application Security.

You acknowledge that Stellar Network applications are code subject to flaws and you acknowledge that you are solely responsible for evaluating any code provided by the Services and the trustworthiness of any third-party websites, products, smart-contracts, or content you access or use through the Services. You further expressly acknowledge and represent that Stellar Network applications can be written maliciously or negligently, that SDF cannot be held liable for your interaction with such applications through the Services, and that such applications may cause the loss of property or even identity. This warning and others provided by SDF in no way evidence or represent an ongoing duty to alert you to all of the potential risks of utilizing the Services.

‍4.7 Network Disruption.

In the event of a network disruption of the Stellar Network or any other applicable network, SDF or the Services may not be able to support activity related to your account on the Stellar Network. In the event of a network disruption, transactions may not be completed, or they may be partially completed, incorrectly completed, or substantially delayed. SDF is not responsible for any loss incurred by you, caused in whole or in part, directly or indirectly, by a fork or other network disruption.

‍5. INDEMNITY

You agree to defend, indemnify, and hold harmless SDF, its independent contractors, service providers, advisors, and consultants, and their respective directors, employees, and agents (altogether, the “Indemnitees”), from and against any Claims, damages, costs, liabilities, and expenses (including, without limitation, reasonable attorneys’ fees) arising out of or related to: (i) your use of the Services; (ii) your violation of the terms of this Agreement; (iii) your violation of any rights of another; (iv) your conduct in connection with the Services; or (v) your use of the Stellar Network, or any digital asset. Some jurisdictions limit consumer indemnities, so some or all of the indemnity provisions above may not apply to you. If you are obligated to indemnify any of the Indemnitees, we reserve the right, in our sole discretion, to control any action or proceeding and to determine whether to settle and on what terms.

‍6. LIMITATION ON LIABILITY

YOU AGREE THAT IN NO EVENT WILL YOU SEEK TO HOLD SDF, NOR WILL SDF BE LIABLE FOR, ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, THE SERVICES, THE STELLAR NETWORK OR ANY DIGITAL ASSETS ASSOCIATED WITH THE SERVICES, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE SERVICES; THE SECURE STORAGE OF YOUR PRIVATE PRIVATE KEYS OR OTHER RELEVANT CREDENTIALS; ANY CHANGES TO OR INACCESSIBILITY OR TERMINATION OF THE SERVICES; ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO, OR ALTERATION OF ANY TRANSMISSION OR DATA; ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SERVICES; ANY ACTIVITIES OR COMMUNICATIONS OF THIRD PARTIES; ANY LOSS OF VALUE FOR ANY DIGITAL ASSET; OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SERVICES, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF TORT OR OTHERWISE, AND WHETHER OR NOT SDF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON SDF OR THE SERVICES, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY WILL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. 

7. INTELLECTUAL PROPERTY

7.1 Our Creation, Our Proprietary Rights.

In simple terms:

The Services are built on open source software, but our specific version of it belongs to us (SDF). Here's what that means:

• What we own: Our specific implementation of the Freighter App, including how we've configured it, how we host it, and any unique elements we've added.

• What's open source: The underlying software components that follow their own open source licenses.

• What's protected: Our version of the Services, including our implementation, design, interface, and all content (text, images, videos, etc.).

• What you can do: Use our Services for your personal, non-commercial purposes.

• What you can't do: Modify, copy, display, distribute, sell, or create new versions of our Services for commercial or public purposes without our permission.

• Exceptions: Any rights specifically granted to you by applicable copyright/trademark law or by the open source licenses that apply to certain components.

By using our Services, you agree to respect these ownership rights and follow all applicable laws.

‍7.2 Trademarks.

The Freighter name and design are trademarks or service marks of SDF and may not be copied, imitated, or used, in whole or in part, except as expressly permitted in this Agreement or with the prior written permission of SDF. All other trademarks, names, or logos mentioned in connection with the Services are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the written permission of the applicable trademark holder. The inclusion of any such reference does not constitute an approval, endorsement, or recommendation by us.

7.3 Limited License.

In simple terms:

• Open Source Code: We acknowledge that the underlying source code is open source software (OSS) available on GitHub, which has its own open source license terms.

• What we're licensing to you: We (SDF) grant you a limited, nonexclusive, nontransferable license to use our specific implementation of the Services as we provide them.

• What you can do: You can use the Services for personal, non-commercial purposes approved by SDF.

• What you can't do with our implementation: You cannot copy, sell, license, reverse engineer, or create derivative works from our specific implementation of the Services for commercial purposes without our written permission.

• Who owns what: While the underlying code is open source, our specific implementation, configuration, and deployment of the Services remains our property. When you download or access our implementation, you're getting a license to use it, not ownership of it.

‍8. PROHIBITED ACTIVITIES

8.1 Using Our Services Lawfully.

You agree to use our Services for lawful purposes and in accordance with this Agreement or any user guidelines. You are solely responsible for determining which laws apply to your use of the Services and for complying with all applicable laws, regulations, and reporting requirements. You agree not to engage in prohibited use of the Services. You will not, under any circumstances, do any of the following:

1.  Use the Services to harm others - This includes: to defraud, threaten, harass, stalk, spam, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others;

2. Break the law - act, or fail to act, in your use of Services, in a manner that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export restrictions or economic sanctions);

3. Provide false information - All information you give us must be accurate and truthful;

4. Share inappropriate content - Don't send, upload, or use, or re-use any material which, in SDF’s discretion, is abusive or does not comply with these terms;

5. Collect data without permission - Don’t scrape or collect information from the Services, including about others, without our written consent;

6. Disrupt our Services - Don’t attempt to disrupt, interfere, damage, or gain unauthorized access to any parts of the Services or any other computer network, server, computer, or database connected to the Services, including without limitation the Stellar Network;

7. Pretend to be someone else - Don't impersonate other users, our company, or our team members;

8. Spread harmful code - Don't transmit viruses, malware, or other malicious program;

9. Engage in phishing, spoofing or similar attacks - Don't use our Services for any deceptive activities;

10. Support illegal activity - Don’t use the Services to engage in, fund or otherwise support fraudulent or unlawful activity including but not limited to funding terrorism, money laundering or unlawful money transmission or currency exchanging.;

11. Abuse the system - Don't engage in activities such as farming accounts, digital assets, etc.;

12. Disrupt other users - Don't interfere with others' ability to use our Services;

13. Act against these terms - Don’t engage in any other activity deemed by SDF to be in conflict with the spirit or intent of the terms of this Agreement or that, as determined by us, may harm SDF or users of the Services, or may expose them to liability.

8.2 U.S. Sanctions and Export Controls

The Services are subject to U.S. export control and economic sanctions laws. You may not use, export, re-export, transfer, or otherwise make available the Freighter App or Services:

(a) to any person or entity on the U.S. Treasury Department’s List of Specially Designated Nationals or other U.S. sanctions lists (see https://sanctionssearch.ofac.treas.gov/),

(b) in, to, or for the benefit of any country or territory subject to comprehensive U.S. sanctions (including, but not limited to, Cuba, Iran, North Korea, Syria, or Russian-controlled regions of Ukraine), or

(c) for any transaction or activity prohibited by U.S. sanctions or export control laws.

 By using the Services, you represent and warrant that you are not on any such list, are not located in any such country or territory, and will not use or transfer the Services for any prohibited transactions.

‍9. DISPUTE RESOLUTION

‍9.1 Governing Law & Where Disputes are Resolved.

This Agreement and any action related to it will be governed by the laws of the state of California in the United States, without regard to its conflict of laws provisions. If you are located in the United States or Canada, the terms in the “Special Arbitration Provision for United States or Canada Users” section below apply to you. If you're located elsewhere, you agree that you will resolve any claim you have with us relating to, arising out of, or in any way in connection with this Agreement, us, or our Services exclusively in the state courts located in the City and County of San Francisco, California, or federal court for the Northern District of California, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such grievances.

‍9.2 Special Arbitration Provision for United States or Canada Users.

If you are a user located in the United States or Canada, you and SDF agree to arbitrate any disputes, controversies, or claims (any of the foregoing, a “Claim”) arising from this Agreement or relating to the Services. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and SDF agree to the following:

i. NEITHER YOU NOR SDF WILL HAVE THE RIGHT TO LITIGATE A CLAIM IN COURT OR TO HAVE A JURY TRIAL ON A CLAIM, OR TO ENGAGE IN PRE-ARBITRATION DISCOVERY;

ii. Arbitration will only decide any Claim between you and us, and you may not consolidate or join the Claims of other persons who have similar Claims. YOU AGREE THAT YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS, OR AS A PRIVATE ATTORNEY GENERAL, PERTAINING TO ANY CLAIM COVERED OR ARISING FROM THESE TERMS OF SERVICE OR YOUR USE OF THE SERVICES;

iii. Each party will notify the other of any dispute within thirty (30) days of when the cause of dispute arises; and

iv. Each party will attempt informal resolution prior to any demand for arbitration.

If arbitration is chosen by any party, the following will apply:

i. Arbitration will be conducted confidentially by a single arbitrator in accordance with the JAMS Streamlined Arbitration Rules, unless your aggregated Claims are for $250,000 or more, in which case its Comprehensive Arbitration Rules shall apply;

ii. Arbitration will occur in San Francisco, California, and the arbitrator will apply applicable substantive law consistent with the Federal - Arbitration Act, 9 U.S.C. §§ 1 through 16, including but not limited to applicable statutes of limitation, and will honor claims of privilege recognized at law;

iii. The state or federal courts in San Francisco County, California have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration;

iv. In any arbitration, the parties will not seek discovery from each other, and the arbitrator will not allow parties to engage in discovery; rather, each party will disclose the evidence supporting their positions at a mutually agreeable time and date prior to the final hearing;

v. At the request of either party, all arbitration proceedings will be conducted in the utmost secrecy and, in such case, all documents, testimony, and records will be received, heard, and maintained by the arbitrators in secrecy under seal, available for inspection only by the parties, their respective attorneys, and their respective experts, consultants, or witnesses who have agreed, in advance and in writing, to receive all such information as confidential to be used solely for purposes of the arbitration; and

vi. Other than class procedures and remedies discussed herein, the arbitrator has the authority to grant any remedy that would otherwise be available in court.

If the requirement to arbitrate and/or the prohibition against class actions and other Claims brought on behalf of third parties contained above is found to be unenforceable, then that language will be deemed to have been removed from this Agreement and the remaining obligations relating to arbitration will continue in full force and effect.

‍10. MISCELLANEOUS

‍10.1 No Third-Party Beneficiaries.

No provision of this Agreement is intended, nor will be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any user, client, customer, affiliate, or any party hereto or any other person unless specifically provided otherwise herein, and except as so provided, all provisions hereof will be personal solely between you and SDF. 

‍10.2 Assignment.

This Agreement will be binding on your successors, heirs, personal representatives, and assigns. You may not assign, delegate, or transfer any of your rights or obligations under this Agreement without prior written consent of SDF, which may be withheld in SDF’s sole discretion for any reason or no reason. SDF may assign its rights and duties under this Agreement to any party at any time, in our sole discretion, without notice to you.

‍10.3 Waiver.

No waiver by SDF, whether by conduct or otherwise, of any term, provision, or condition set forth in this Agreement will be deemed a further or continuing waiver of such term, provision, or condition or a waiver of any other term, provision, or condition. Any failure or delay of SDF to assert a right or provision under this Agreement will not constitute a waiver of such right or provision.

‍10.4 Severability.

If any provision of this Agreement is deemed unlawful, invalid, or otherwise unenforceable, then that provision, to the minimum extent necessary, will be eliminated and deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions.

‍10.5 Entire Agreement.

This Agreement constitutes the complete and exclusive statement of the agreement between you and SDF with respect to the Services and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, concerning the Services.

‍10.6 Termination, Suspension, and Survival.

You agree and understand that we reserve the right, in our sole discretion, to immediately suspend, freeze, or terminate your access to the Services in the event that you are suspected of having violated any provision of this agreement, believed to be in violation of applicable law, or are believed to be involved in activities or conduct detrimental to the Services.

‍10.7 Your Right To Disconnect From the Services.

You may disconnect from the Services at any time by following the disconnection process in the Services interface. Upon disconnection:

• You remain responsible for any pending transactions

• You should transfer any digital assets to another wallet before disconnecting from the Services

• You will no longer have access to the Services

Note that disconnecting from the Services does not affect your assets on the Stellar Network, which will remain accessible with your private keys.

‍10.8 Events Beyond Our Control (Force Majeure Events).

Sometimes things happen that we can't control. If SDF can't fulfill parts of this Agreement due to events beyond our reasonable control, we won't be considered in breach of this Agreement, and you can't claim damages from us.

What counts as "beyond our control"? These events may include floods, extreme weather, earthquakes, other natural disasters, fires, wars, disease outbreaks, pandemics, riots, labor disputes, accidents, government actions, communication failures, power outages, banking system failures, network problems, equipment or software malfunctions, and blockchain-specific issues like network splits or "forks" or unexpected changes to networks that our Services rely on.

In the event of a force majeure event affecting the Services, we will:

1. Attempt to notify you promptly of the situation

2. Take reasonable steps to restore Services as soon as practicable

3. Maintain security measures to protect your data during the disruption

‍10.9 Taxes Are Your Responsibility.

You're responsible for determining what taxes apply to your use of our Services and for reporting and paying those taxes to the appropriate authorities. We don't determine, collect, report, or remit any taxes related to your transactions.

‍10.10 Our Relationship With You.

This Agreement doesn't create any special legal relationship between us:

• What we're not: Nothing in this Agreement creates a custodial arrangement, agency relationship, or trusteeship. We don't hold your assets or act as your agent or trustee.

‍10.11 How We’ll Communicate With You.

We'll send you everything electronically. You agree that we can provide all communications, agreements, documents, receipts, notices, and disclosures to you electronically. We'll do this by posting them through our Services, or by sending them to the email address you've given us via technical support or feedback (see below).

Keep copies for your records. We recommend you save copies of our communications by printing them or saving them electronically.

Questions about electronic communications? Contact our support team at help@freighter.app.

‍10.12 How to Contact Us.

Here's how to reach us:

• For most inquiries: Contact us by registered post or courier at:

  Stellar Development Foundation
  475 Brannan Street, Suite 400
  San Francisco, CA 94107

• For technical support: Email us at help@freighter.app.

• For feedback: We appreciate your suggestions for improving our Services. By sending feedback to help@freighter.app, you give us complete permission to use your ideas however we need to. This means we can use, modify, build upon, and share your feedback without restrictions or payment. This permission applies worldwide, never expires, and can't be revoked.