Last revised on: January 26, 2021
By accessing or using the Sequence Services, you agree to these Sequence User Terms on behalf of yourself and any entity you represent, and you represent and warrant that you have the right and authority to do so. You further represent and warrant that are fully able and competent to enter into, and abide by and comply with, the Sequence User Terms.
By accessing or using the Sequence Services, you represent that you are of the legal age of majority in your jurisdiction as may be required to access and use the Sequence Services. [If you have not reached the age of majority in your jurisdiction but are at least thirteen (13) years of age, your legal guardian must review these Sequence User Terms and explain them to you before you use the Sequence Services.]
Some jurisdictions (which may include Quebec, Canada) do not allow mandatory arbitration, prohibitions against class actions or governing law and forums other than where the individual consumer is located. If you are located in one of these jurisdictions, the following sentence may not apply to you and you may have additional rights. These terms require the use of arbitration, as set forth in more detail in Section 8 below, on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
The Wallet is a web-based smart wallet that runs on mobile and desktop platforms and provides users with access to an interface allowing them to execute instructions directly on the Ethereum blockchain network. The Wallet also allows users to view balances for digital assets that are compatible with the Wallet (“ Blockchain Assets ”), initiate transfers and transactions involving Blockchain Assets, and as an authenticating account to access Skyweaver and potentially other products and games.
In order to create an Account and open a Wallet, users must provide an email address or a user ID for either a Google, Facebook, Reddit, Discord or Twitch account (collectively “Login Credentials”) to be associated with the Wallet. If a user has not reached the age of majority in their jurisdiction but is at least thirteen (13) years of age, the user’s parent or legal guardian must sign up for a Wallet on behalf of the user by providing an email address to be associated with the account and agreeing to the Sequence User Terms. Users who have formed a Wallet (“ Wallet Users ”).
Your Wallet is web-based software that is accessible locally on your device. Part of that software is a “private key” system used to secure your Wallet. There are three private keys associated with your Wallet, and two private keys are required to access your Wallet at any given time. One private key is stored locally on your device. Another private key is generated using the Login Credentials you provided to open your Account. The third private key is maintained by Horizon. When you log in to your Account/Wallet with your Login Credentials, you access the account using the private key stored on your device and the private key generated in connection with your Login Credentials.
If you lose your device, you may still access your account using your Login Credentials and the private key maintained by Horizon . If you cannot remember your Login Credentials, you may still access your account using your device and the private key maintained by Horizon .
The Wallet allows you to access and transfer your Blockchain Assets. You control the Blockchain Assets accessible through the Wallet at any time. Your ability to access and transfer Blockchain Assets you own exists independently of the Wallet and you may choose to transfer your Blockchain Assets to a different wallet at any time. With respect to your Blockchain Assets accessible through your Wallet, Horizon does not have custody of such assets, and does not have the ability to transfer such assets. Only you have the ability to transfer your Blockchain Assets or initiate other transactions recorded on the blockchain. As such, you acknowledge and assume the risks below regarding the use of the Wallet:
You make the following representations regarding your use of the Wallet:
Horizon reserves the right to determine what conduct it considers to be a breach of these representations. Horizon reserves the right to take action as a result, which may include prohibiting you from accessing services provided by Horizon, in whole or in part. Any restrictions imposed by Horizon will not affect your ability to transfer your Blockchain Assets.
We attempt to ensure that the information that we provide on the Websites is complete, accurate and current. Despite our efforts, the information on Websites may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or correctness of any information on any Website.
The Websites and Wallet may now or in the future contain links to third party websites. Where provided, these links are provided as a convenience to you. Horizon does not control and is not responsible for the content of such third-party websites or the conduct of the operators of such third-party websites, and we do not make any representations regarding the accuracy, copyright, or other statutory or regulatory compliance, legality, or decency of any of the content or other materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.
SOME JURISDICTIONS (WHICH MAY INCLUDE QUEBEC) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, INCLUDING LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOLLOWING LIMITATION MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND HORIZON (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
HORIZON DOES NOT ENDORSE ANY OTHER THIRD PARTY AND SHALL NOT BE RESPONSIBLE IN ANY WAY FOR ANY TRANSACTIONS YOU ENTER INTO WITH OTHER USERS. YOU AGREE THAT HORIZON WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY SORT INCURRED AS THE RESULT OF ANY INTERACTIONS BETWEEN YOU AND OTHER USERS.
These Sequence User Terms will remain in full force and effect while you use the Sequence Services. We may suspend or terminate your rights to use the Sequence Services at any time for any reason at our sole discretion, including for any use of the Sequence Services in violation of these Sequence User Terms. Upon termination of your rights under these Sequence User Terms, your right to access and use the Sequence Services will terminate immediately. You understand that any termination of your rights may involve removal of your User Content from our live databases. Horizon will not have any liability whatsoever to you for any termination of your rights under these Sequence User Terms, including for deleting your account or blacklisting any network address you provide to us. Even after your rights under these Sequence User Terms are terminated, the following provisions of these Sequence User Terms will remain in effect: Section 4, Section 6, Section 7, Section 8, and Section 11 .
You agree to indemnify and hold Horizon (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of: (i) your use of the Sequence Services; (ii) your violation of these Sequence User Terms; (iii) your violation of applicable laws or regulations; or (iv) your User Content. Horizon reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Horizon. Horizon will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
SOME JURISDICTIONS (WHICH MAY INCLUDE QUEBEC, CANADA) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, INCLUDING LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOLLOWING LIMITATION MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HORIZON BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THE SEQUENCE SERVICES, EVEN IF HORIZON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
HORIZON SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR FAILURE TO KEEP YOUR PRIVATE KEYS OR LOGIN CREDENTIALS TO YOUR WALLET SECURE OR ANY OTHER UNAUTHORIZED ACCESS TO OR TRANSACTIONS INVOLVING YOUR WALLET.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
Please read this section carefully. It is part of your contract with Horizon and affects your rights. You and Horizon are each considered “ Parties ” for the purpose of this section. SOME JURISDICTIONS (WHICH MAY INCLUDE QUEBEC, CANADA) DO NOT ALLOW MANDATORY ARBITRATION, PROHIBITIONS AGAINST CLASS ACTIONS OR GOVERNING LAW AND FORUMS OTHER THAN WHERE THE CONSUMER IS LOCATED. IF YOU ARE LOCATED IN ONE OF THESE JURISDICTIONS, THE FOLLOWING MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
If any dispute occurs between the Parties relating to the application, interpretation, implementation or validity of these Sequence User Terms, the Parties agree to seek to resolve the dispute or controversy through mediation with Canadian Arbitration Association before pursuing any other proceedings. Nothing herein shall preclude any Party from seeking injunctive relief in the event that the Party perceives that without such injunctive relief, serious harm may be done to the Party. Any Party to the dispute may serve notice on the others of its desire to resolve a particular dispute by mediation. The mediator shall be appointed by agreement between the Parties or, if the Parties cannot agree within five days after receipt of the notice of intention to mediate, the mediator will be appointed by Canadian Arbitration Association. The mediation will be held at Toronto, Ontario, Canada. The Parties agree to attempt to resolve their dispute at mediation. The costs of the mediator shall be shared equally by the Parties. If the dispute has not been resolved within thirty days of the notice of desire to mediate, any Party may terminate the mediation and proceed to arbitration as set out below.
Subject to the mediation provisions set out above, if any dispute or controversy occurs between the Parties relating to the interpretation or implementation of any of the provisions of this Agreement, the dispute will be resolved by arbitration at Canadian Arbitration Association pursuant to the general Canadian Arbitration Association Rules for Arbitration. Any Party may serve notice of its desire to refer a dispute to arbitration. The arbitration shall be conducted by a single arbitrator. The arbitration shall be held in Toronto, Ontario, Canada. The arbitration shall proceed in accordance with the provisions of the Arbitration Act (Ontario). The decision arrived at by the arbitrator shall be final and binding and no appeal shall lie therefrom. Judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The costs of the arbitrator shall be divided equally between the Parties.
Horizon is located in Ontario, Canada. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
The communications between you and Horizon use electronic means, whether you use the Sequence Services or send us emails, or whether Horizon posts notices on the Sequence Services or communicates with you via email. For contractual purposes, you: (i) consent to receive communications from Horizon in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Horizon provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
SOME JURISDICTIONS HAVE CONSUMER PROTECTION AND OTHER LEGISLATION WHICH MAY APPLY TO THE SERVICES AND WHICH DO NOT ALLOW CERTAIN PROVISIONS SUCH AS RESTRICTIONS ON GOVERNING LAW OR JURISDICTION, LIMITATIONS OF LIABILITY AND EXCLUSION OF CERTAIN WARRANTIES, AMONG OTHERS. TO THE EXTENT THAT A RESTRICTION ON GOVERNING LAW OR JURISDICTION, LIMITATION, EXCLUSION, RESTRICTION OR OTHER PROVISION SET OUT BELOW IS SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SUCH LIMITATION, EXCLUSION, RESTRICTION OR PROVISION MAY NOT APPLY TO YOU.
These Sequence User Terms and any dispute or claim arising out of or in connection with their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Ontario. You agree that the courts of Ontario shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the subject matter or formation (including non-contractual disputes or claims) of these Sequence User Terms.
If you are located outside of the United States or Canada, you use or access the Sequence Services solely at your own risk. The Sequence Services may not be appropriate or available for use in some jurisdictions. Horizon and its partners do not represent or warrant that the Sequence Services or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States or Canada. In choosing to access the Sequence Services, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations.
These Sequence User Terms constitute the entire agreement between you and us regarding the use of the Sequence Services. The section titles in these Sequence User Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” If any provision of these Sequence User Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Sequence User Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. You confirm that you are acting on your own behalf and not for the benefit of any other person. Your relationship to Horizon is that of an independent contractor, and neither party is an agent or partner of the other. These Sequence User Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Horizon’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Horizon may freely assign these Sequence User Terms. The terms and conditions set forth in these Sequence User Terms shall be binding upon assignees.
Unless otherwise required by applicable laws, which may include the laws of Quebec, Canada, if applicable (in which case, we will make changes in accordance with such laws), these Terms are subject to occasional revision. If we make any substantial changes, you will be prompted to review those changes and click to accept the updated Terms when you next log in to your Account. These changes will be effective upon your acceptance of the updated Terms. In addition, continued use of our Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
A waiver by Horizon of any right or remedy under these Sequence User Terms shall only be effective if it is in writing, executed by a duly authorized representative of Horizon and shall apply only to the circumstances for which it is given. Our failure to exercise or enforce any right or remedy under these Sequence User Terms shall not operate as a waiver of such right or remedy, nor shall it prevent any future exercise or enforcement of such right or remedy. No single or partial exercise of any right or remedy shall preclude or restrict the further exercise of any such right or remedy or other rights or remedies.
You may contact us at any time regarding these Sequence User Terms at [email protected]