Trove Pro Labs, Inc.
Effective Date: September 5, 2024
Terms Overview
By downloading, installing, or using Trove Pro Wallet, you acknowledge that:
- Your use of Trove Pro Wallet is governed by these Terms of Service;
- You have read, understood, and agree to comply with these Terms of Service;
- You are at least 18 years old and legally able to enter into binding contracts.
Disclaimer: Trove Pro Wallet is non-custodial and does not offer financial, advisory, mediation, brokerage, or agency services. Users are responsible for securely backing up their passwords, seeds, and private keys. Any Digital Asset services accessed through the wallet or wallet browser are provided by third parties, over whom Trove Pro Labs, Inc. has no control. Trove Pro Labs, Inc. is not responsible for any disruptions, losses, or damages resulting from third-party services.
1. Introduction
Welcome to Trove Pro, a self-custody digital asset wallet developed and distributed by Trove Pro Labs, Inc., a Delaware C Corporation ("Trove Pro," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of Trove Pro's software, website, and related services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.
2. Beta Software
Trove Pro is currently offered as Beta software. This means that the software is in an advanced stage of development but may still contain bugs, errors, or other issues that could affect its performance, security, or functionality. By using Trove Pro, you acknowledge and accept these risks, including potential data loss or unexpected behavior. Trove Pro Labs, Inc. provides the Beta software "as is" and disclaims all warranties related to the software’s performance, security, and availability.
3. Definitions
- "Trove Pro" or “Trove Pro Wallet” refers to the self-custody wallet application developed and distributed by Trove Pro Labs, Inc.
- "User" or "You" refers to the individual or entity using the Services.
- "Digital Asset" or “Digital Assets” refers to cryptocurrencies, tokens, NFTs, and other blockchain-based digital assets.
- "Private Key" refers to the cryptographic key that grants access to your Digital Assets.
- "Trove Password" or “Passwords” refers to the password set by the user to access the Trove Pro wallet.
- "Seed Phrase" refers to a sequence of words generated by the wallet that is used to recover wallet accounts.
- "Open Source License" refers to the license under which Trove Pro Labs Inc. distributes a version of Trove Pro, granted by the Trove Pro Foundation.
4. Acceptance of Terms
By downloading, installing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. Your use of the Services is subject to our Privacy Policy, which explains how we collect, use, and share your information, including any personal data you provide. The Privacy Policy can be found on our website at http://trove.pro. By using our Services, you agree to our practices as described in the Privacy Policy.
If you decide at any time that you no longer agree with these Terms, you are responsible for discontinuing the use of the Trove Pro, deleting the software from your devices, and ensuring that you have securely backed up all relevant passwords, passkeys, seed phrases, and private keys before deletion. Failure to do so may result in the permanent loss of access to your Digital Assets, for which Trove Pro Labs, Inc. shall not be held liable.
5. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of any changes by updating the "Effective Date" at the top of these Terms. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms. We encourage you to review these Terms regularly to stay informed of any updates.
6. Use of Services
6.1. Eligibility
To use our Services, you must be at least 18 years old and legally capable of entering into binding contracts. You are responsible for ensuring that your use of the Services complies with all applicable laws and regulations.
6.2. Self-Custody Wallet
Trove Pro is a non-custodial wallet, meaning you are solely responsible for your Digital Assets, Trove Password, Passkeys, Private Keys, and Seed Phrases. Trove Pro Labs, Inc. does not store, manage, or have access to your Trove Password, Private Keys, or Seed Phrases. It is crucial that you securely store your Trove Password, Private Keys, and Seed Phrases. Loss of these credentials may result in the permanent loss of access to your Digital Assets, and Trove Pro Labs, Inc. shall not be held liable for any such loss. Trove Pro Labs, Inc. does not offer any method for recovering lost Trove Passwords, Passkeys, Private Keys, or Seed Phrases. Security risks, including but not limited to phishing attacks, malware, and hardware failures, are inherent to the use of self-custody wallets, and it is your responsibility to mitigate these risks.
6.3. Compliance with Local Laws and Regulations
You are required to abide by the laws and regulations of your local jurisdiction as they pertain to the use of this product and any third-party service integrations. This includes, but is not limited to, compliance with any applicable anti-money laundering (AML), counter-terrorist financing (CTF), and data protection regulations. You are solely responsible for ensuring that your use of the Services and any third-party integrations does not violate any laws or regulations applicable to you. Trove Pro Labs, Inc. shall not be held liable for your failure to comply with local laws and regulations. We recommend consulting with a legal professional to ensure your compliance.
You represent and warrant that you are not located in, under the control of, or a national or resident of any country or jurisdiction subject to a United States government embargo, including but not limited to Cuba, Iran, North Korea, Syria, Sudan, or the Crimea region. Furthermore, you are not located in, under the control of, or a national or resident of any country or jurisdiction designated by the United States government as a ‘terrorist supporting’ country, or any country subject to sanctions imposed by the United Nations Security Council, the European Union, or HM Treasury’s financial or other sanctions regimes.
You also represent and warrant that you are not identified as a Specially Designated National or placed on any other sanctions list maintained by the U.S. Treasury Department’s Office of Foreign Assets Control, the U.S. Commerce Department’s Denied Persons List, Unverified List, or Entity List, the U.S. Department of State, or any equivalent list issued by the United Nations, the European Union, or the United Kingdom, including but not limited to the European External Action Service Consolidated Financial Sanctions List, the EU Terrorist List, the FATF Non-Cooperative Countries and Territories, the FBI Most Wanted Terrorists List, the Bank of England Sanctions List, or the HM Treasury Sanctions List.
Additionally, you represent and warrant that you do not intend to use, supply, or otherwise export any functionality, services, or products to any country or party that is subject to these embargoes or sanctions regimes. You will not use our services for any illegal or illicit activities and will comply with all applicable U.S. and non-U.S. export control and trade sanctions laws.
6.4. Tax Obligations
You are solely responsible for determining and fulfilling your tax obligations related to any transactions you complete through the Services. This includes identifying the appropriate taxes, reporting your transactions to the relevant tax authorities, and paying any applicable taxes. Trove Pro Labs, Inc. does not determine if taxes are applicable to your transactions, nor are we responsible for collecting, reporting, withholding, or remitting any taxes associated with your Digital Asset transactions.
7. Open Source License
Trove Pro Labs, Inc. distributes a version of the Trove Pro wallet under an Open Source License granted by the Trove Pro Foundation. The Trove Pro Foundation is responsible for the code that manages secure elements of the wallet, such as Trove Passwords, Private Keys, Seed Phrases, and other sensitive information. All secure data is stored locally on the user's hard drive. Neither Trove Pro Labs, Inc. nor the Trove Pro Foundation is liable for any security compromises that may arise due to operating system vulnerabilities, including but not limited to bugs in the Apple Keychain, Windows Credential Manager, or third-party password managers that the User might rely on.
Additionally, you acknowledge and agree that you have no limitation of liability or indemnification rights against the Trove Pro Foundation. The Trove Pro Foundation, like Trove Pro Labs, Inc., disclaims any responsibility for loss or damage to your Digital Assets resulting from security vulnerabilities, misuse, or errors in the storage of secure data.
For more information on the Open Source License, please visit the Trove Pro Foundation's license page. Additional details about the Trove Pro Foundation and the license can be found in the Trove Pro Discord: https://discord.gg/troveprowallet
8. Third-Party Services
Our Services may integrate with or provide access to third-party services, including but not limited to decentralized exchanges (DEXs) and decentralized applications (DApps). Trove Pro Labs, Inc. does not control or endorse these third-party services and is not responsible for their content, functionality, or security. Your use of third-party services is at your own risk, and you should review the terms and conditions of these services before use. Check the Trove Pro Discord at https://discord.gg/troveprowallet for information on current third-party providers. Trove Pro Labs, Inc. disclaims any liability arising from your use of these third-party services.
Trove Pro Labs, Inc. is not responsible for any disruptions, losses, or damages resulting from changes to or the discontinuation of third-party services. Third-party service providers may change, discontinue, or alter their services at any time without notice, and Trove Pro Labs, Inc. has no control over these actions.
9. Risk Acknowledgment; Disclaimers; Release of Liability
By accessing and using the Trove Pro Wallet and its features ("Functionality"), you acknowledge and accept the inherent risks associated with cryptographic and blockchain-based systems, including the following:
- Volatility Risks: The markets for Digital Assets are highly volatile and influenced by factors including, but not limited to, adoption, speculation, technology, security, and regulation. Transaction costs and speeds on blockchain networks can fluctuate significantly and may increase without warning. Digital Assets, including those obtained through third-party exchanges accessed via the Swapper, can lose value, and you may incur losses due to price volatility, slippage, or other factors.
- Macroeconomic and Policy Risks: Users may experience losses due to abnormal price fluctuations caused by changes in the broader economic environment or shifts in laws, regulations, or governmental policies.
- Security and Compatibility Risks: Users are solely responsible for securely managing their Private Keys, Seed Phrases, and Trove Passwords. Loss of these credentials may result in the permanent loss of access to your Digital Assets. Trove Pro Labs, Inc. reserves the right to provide software updates, but users are responsible for ensuring they are using the most current version. We cannot guarantee timely updates or compatibility with all operating systems. Failure to install updates may result in security vulnerabilities, reduced functionality, or incompatibility with the user’s operating system.
- User Errors and Third-Party Risks: Any losses resulting from user errors, including incorrect decisions, improper operations, forgotten or compromised passwords, unauthorized access, or third-party misconduct, are the sole responsibility of the user.
- Default Risks: Users may suffer losses due to the inability or unwillingness of the project owner to carry out or continue their project.
- Force Majeure Risks: Events beyond the control of Trove Pro Labs, Inc., such as natural disasters, war, or other unforeseeable events, may result in losses.
- No Control Over Blockchains: Trove Pro Labs, Inc. does not control the underlying blockchain networks on which Digital Assets operate and cannot guarantee that transactions you initiate through the Services will be confirmed. Delays or failures in blockchain transactions are inherent risks of using blockchain technology.
- No Professional Advice: Trove Pro Labs, Inc. does not provide investment, financial, legal, or technical advice. Any information provided through the Services is for informational purposes only and should not be construed as advice. Users should seek independent professional advice before making any financial, legal, or other decisions involving the Trove Pro Wallet or its functionalities.
You expressly agree that you assume all risks related to your access and use of the Trove Pro Wallet and its functionalities, and you release Trove Pro Labs, Inc. from any liability arising from your use of the Functionality.
Trove Pro Labs, Inc. is a software developer and does not act as a broker, dealer, arranger, or Digital Asset exchange platform. Trove Pro Labs, Inc. has no oversight, involvement, or control over the transactions you conduct through the Functionality, which are executed directly between users on the Solana network (or other networks) via smart contracts. You are solely responsible for complying with all applicable laws governing your use of the Functionality.
Trove Pro Labs, Inc. is not registered or licensed by any financial regulatory authority, such as the U.S. Commodity Futures Trading Commission (CFTC) or the U.S. Securities and Exchange Commission (SEC). The use of the Trove Pro Wallet does not constitute financial advice or a recommendation regarding any Digital Asset or financial instrument.
If you are a California resident, you waive the protections of California Civil Code § 1542, which provides that a general release does not extend to claims that are unknown at the time of executing the release.
10. Intellectual Property
All content and materials provided through the Services, including software, text, graphics, logos, trademarks, and interfaces (UI/UX), are the property of Trove Pro Labs, Inc. or its licensors and are protected by intellectual property laws. You may not use, reproduce, or distribute any content from the Services without our express written permission. Any user-generated content remains the property of the user, but by using our Services, you grant Trove Pro Labs, Inc. a non-exclusive, worldwide, royalty-free license to use, reproduce, and distribute such content for the purpose of providing the Services.
11. Limitation of Liability
IN NO EVENT SHALL TROVE PRO LABS, INC., ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO LOSS OF DIGITAL ASSETS, DATA, PROFITS, OR BUSINESS OPPORTUNITIES. TROVE PRO LABS, INC. SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM SECURITY BREACHES, UNAUTHORIZED ACCESS, OR ANY OTHER ISSUES ARISING FROM THE STORAGE OR MANAGEMENT OF YOUR DIGITAL ASSETS.
Jurisdictional Limitations: Some jurisdictions do not allow the exclusion or limitation of liability for personal injury, or for incidental or consequential damages. In such jurisdictions, the liability of Trove Pro Labs, Inc. shall be limited to the smallest amount permitted by law, and in no case shall Trove Pro Labs, Inc.'s total liability to you exceed ten U.S. dollars (USD $10.00) or the equivalent amount in your local currency.
12. Indemnification
You agree to indemnify, defend, and hold harmless Trove Pro Labs, Inc., its affiliates, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with your use of the Services or your violation of these Terms, including but not limited to any third-party claims related to your actions or omissions while using the Services.
13. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. Any disputes arising under these Terms shall be resolved in the state or federal courts located in Delaware.
14. Dispute Resolution
Informal Dispute Resolution
With respect to any dispute, you agree to attempt to negotiate the resolution of the dispute with Trove Pro Labs, Inc. informally for at least thirty (30) days before initiating any arbitration or other legal proceeding, including any legal proceeding in court or before an administrative agency. Such informal negotiations shall commence upon Trove Pro Labs, Inc.'s receipt of written notice from you at support@trove.pro.
Mandatory Binding Arbitration
If you are unable to satisfactorily resolve a dispute informally within thirty (30) days, or if Trove Pro Labs, Inc., in its sole discretion, determines that informal resolution is not possible, either party may request resolution by final and fully binding arbitration. The arbitration will be conducted under the Commercial Arbitration Rules of the American Arbitration Association (AAA), which are incorporated into this Agreement by reference. The party requesting arbitration shall be responsible for initiating the proceeding. If there is a conflict between these Terms and the AAA's rules and procedures, these Terms will govern. You can review the AAA’s rules and procedures on their website http://www.adr.org or by contacting them at 1-800-778-7879.
Class Action Waiver
You agree to resolve any dispute with Trove Pro Labs, Inc. solely on an individual basis. This Agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of representative or class proceeding.
Waiver of Jury Trial
You and Trove Pro Labs, Inc. waive the right to a jury trial in any action or proceeding arising out of or related to these Terms of Service.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without reference to any choice or conflict of laws principles. Any disputes arising under these Terms shall be resolved in the state or federal courts located in Delaware.
Choice of Forum and Consent to Personal Jurisdiction
Any disputes arising out of or relating to this Agreement that must be tried in court shall be resolved in the state and federal courts located in Delaware, and the parties irrevocably consent to the personal jurisdiction and service of process of said courts and waive any and all jurisdictional or venue defenses otherwise available to them.
Costs, Fees, and Expenses
In any action or proceeding by Trove Pro Labs, Inc. to enforce any provision of this Agreement, Trove Pro Labs, Inc. shall, in addition to any other award of damages or remedy at law or in equity, be entitled to recover reasonable costs, fees, and expenses, including attorneys’ fees and costs incurred in connection with such enforcement, including any appeal.
15. Fees
You may be charged fees for accessing certain features or functionalities within the Trove Pro Wallet, including but not limited to fees incurred during token swaps executed on third-party exchanges through the Swapper. While Trove Pro may attempt to display applicable fees at the time you access specific functionalities, we do not guarantee that such fees will be displayed or that any displayed fees will be accurate. All rates shown within the Trove Pro Wallet application are subject to change without notice and may include additional fees.
You may also incur charges from third parties when using their functionalities. For instance, fees may be charged by decentralized applications (DApps), including decentralized exchanges, which you may access through the Trove Pro Wallet. Trove Pro Labs, Inc. assumes no liability of any kind for fees charged by such third parties or for any third-party functionalities linked to or accessed through the Trove Pro Wallet or related services.
While Trove Pro Labs, Inc. strives to provide accurate information regarding applicable fees, any such information is provided as an estimate only and may differ from the actual fees paid when using the functionalities or interacting with supported blockchain networks, including Solana and others.
In connection with the Swapper or similar functionalities, you acknowledge and agree that swap rates and prices provided are estimates and may fluctuate at any time. As such, the prices or swap rates displayed through the Trove Pro Wallet, including on the Swapper interface, may not reflect the actual rates available at the time of your transaction. Trove Pro Labs, Inc. shall not be held liable for, and you hereby release Trove Pro Labs, Inc. from, any losses or liabilities arising from any inaccuracies or omissions in fee estimates or pricing information provided during your use of the functionalities.
16. Disclaimer on Professional Advice and Duties
Any and all information provided in relation to the Trove Pro Wallet, including but not limited to blog posts, articles, links to third-party content, Discord or Telegram content, news feeds, tutorials, tweets, posts, and videos, should not be considered legal, financial, or professional advice. You should not take, or refrain from taking, any action based on this information. Before making any financial, legal, or other decisions involving the Trove Pro Wallet or its functionalities, you should seek advice from a licensed and qualified professional.
These Terms do not create or impose any fiduciary duties on Trove Pro Labs, Inc. The only duties and obligations we have are those expressly stated in these Terms and our Privacy Policy.
17. User Conduct and Compliance Obligations
As a condition of using the Trove Pro Wallet, Trove Pro software, Trove Pro website, and related functionalities ("Functionality"), you agree not to use the Services in ways that:
- Violate, misappropriate, or infringe upon the rights of Trove Pro Labs, Inc., its licensors, other users, or third parties, including but not limited to privacy, publicity, intellectual property, or other proprietary rights. This includes engaging in actions that are illegal, defamatory, obscene, or otherwise promote behavior that would be considered threatening, harassing, or discriminatory.
- Involve providing false, inaccurate, or misleading information, impersonating another individual or entity, or engaging in activities that involve sending unauthorized communications, such as bulk messaging, auto-dialing, or similar intrusive practices.
- Attempt to bypass, disable, remove, or otherwise interfere with any security measures or content protections implemented by Trove Pro Labs, Inc., our service providers, or any third party, including the use of IP proxying, VPNs, or other methods to disguise your location or unlawfully access the Services.
- Interfere with or disrupt the normal operation of the Services, including but not limited to sending viruses, overloading systems, spamming, or engaging in any activity that would negatively impact other users' ability to enjoy the Functionality or would cause harm to the Services' performance.
- Circumvent any content-filtering techniques, security measures, or access controls that Trove Pro Labs, Inc. employs in connection with the Services.
- Violate any applicable law or regulation, including but not limited to anti-money laundering, anti-proliferation, and anti-terrorism financing laws and sanctions programs, including the U.S. Bank Secrecy Act and those enforced by the U.S. Department of Treasury's Office of Foreign Assets Control (OFAC) and any other applicable Export Control Laws.
- You agree not to use the Services for any unlawful or unauthorized purposes, including, but not limited to, activities related to money laundering, financing of terrorism, or any other actions that contravene KYC (Know Your Customer) or AML (Anti-Money Laundering) regulations.
- Encourage or enable any other individual to do any of the foregoing.
By using the Trove Pro Wallet and related functionalities, you further represent, warrant, and covenant that:
- Any Digital Assets you transfer using the Functionality have been legally obtained by you and belong to you.
- You will not provide false, inaccurate, or misleading information while using the Functionality, nor engage in any activity that seeks to defraud Trove Pro Labs, Inc., other users, or any third party.
- You will not use the Functionality to transmit or exchange Digital Assets that are the proceeds of any criminal or fraudulent activity, including terrorism or tax evasion.
- Any Digital Assets you use in connection with the Functionality are either owned by you or you are validly authorized to carry out actions using such assets.
- You will pay all fees associated with interacting with the Solana blockchain, or any other supported network, including "gas" costs and any fees charged by Trove Pro Labs, Inc. for your use of the Services.
18. Miscellaneous
18.1. Waiver
No act or failure to act by Trove Pro Labs, Inc. will be deemed a waiver of any right contained in these Terms. If Trove Pro Labs, Inc. expressly waives any provision of these Terms, such waiver shall not be a waiver of any other provision, and the waived provision shall not be waived for all time in the future. Any waiver must be in writing and signed by an authorized officer of Trove Pro Labs, Inc.
18.2. Severability
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall remain in full force and effect.
18.3. Equitable Relief
You acknowledge and agree that any violation or threatened violation of these Terms will cause irreparable injury to Trove Pro Labs, Inc., entitling Trove Pro Labs, Inc. to seek injunctive relief without the necessity of proving actual damages, in addition to all other remedies at law or in equity. You specifically acknowledge that monetary damages alone would be an inadequate remedy for the injuries and damages that would be suffered and incurred by Trove Pro Labs, Inc. as a result of a breach of any of the provisions of these Terms.
18.4. Entire Agreement
These Terms, along with our Privacy Policy, constitute the entire agreement between you and Trove Pro Labs, Inc. regarding your use of the Services and supersede any prior agreements, communications, or understandings, whether oral or written.
18.5. Language
The controlling language for these Terms of Service is English. All communications and agreements between you and Trove Pro Labs, Inc. shall be made in English.
19. Feedback and Contact Information
We welcome your feedback, comments, and suggestions regarding Trove Pro and the Functionality ("Feedback"). By providing Feedback, you grant Trove Pro Labs, Inc. a non-exclusive, perpetual, royalty-free license to use, modify, and incorporate the Feedback into our products, services, or marketing.
If you have any questions about these Terms, please contact us at support@trove.pro.