Terms of Service

Last updated: January 2025

SCOPE

These terms, and the accompanying privacy policy at www.splashwallet.xyz, which is incorporated into and a part of these terms, govern the use of the Splash website at www.splashwallet.xyz and the associated tools and services.

Collectively, the website and the associated tools and services are referred to as the "Services" in these terms. The operator may offer other products and services.

The Services do not include outside websites or platforms which may be linked or interconnected to the Services. Such outside platforms may have their own terms of service, which control for all transactions on such platforms. These outside platforms may include, but are not limited to:

The Hyperliquid interface, owned by HyperLiquid Corp., at app.hyperliquid.xyz

Cybernetics Incorporated (Splash, Splash Wallet, "We,") are not responsible for ANY TRANSACTIONS on ANY outside platform and disclaim all liability for such transactions.

These terms include important provisions governing your use of the Services. These provisions affect matters such as your right to use the Services, actions you are prohibited from taking with respect to the Services, disclaimers regarding liability, and your waiver of the right to bring a suit in a court of law and to a jury trial, and the requirement that any dispute between you and the operator be resolved by binding individual arbitration.

Before using the Services, make sure that you read and understand all these terms and the accompanying privacy policy at www.splashwallet.xyz.

Cybernetics Incorporated, a Delaware C Corporation, operates the Services. It and its affiliates are referred to in this document as the "Cybernetics," "Cybernetics Inc.," "Splash," "operator," "Operator," "we," or "us."

IMPORTANT NOTICE

These terms include several especially important provisions that affect your rights and responsibilities, including but not limited to (1) the disclaimers in Disclaimers, which limit the Operator's legal liability to you (the User) in Limits on Liability, (2) your agreement to reimburse the operator for problems caused by your misuse of the Services in Your Responsibility, and (3) an agreement about how to resolve disputes in Disputes. This list is non-exhaustive and intended solely to bring your careful attention to those provisions.

Using the Services may require that you pay a fee to other users of the Services (such as merchants) or to the operator. Using the Services may also require that you pay a fee to parties other than users or the operator, such as gas fees on the blockchain to perform a transaction on any relevant blockchain protocol or smart contract transaction, or to third-party service providers such as on-and-off ramps. You acknowledge and agree that the operator has no control over any such transactions, the method of payment of such transactions, or any actual payments of transactions. Accordingly, you must ensure that you have the necessary balance of the applicable cryptocurrency tokens stored at your protocol-compatible wallet address, secured by your own private keys, to complete any transaction on the blockchain or Services before initiating such transaction.

YOUR PERMISSION TO USE THE SERVICES

Subject to these terms, Cybernetics Incorporated gives you permission to use the Services. This permission is non-transferrable. Others are strictly required to agree to these terms themselves in order to use the Services.

CONDITIONS FOR USE OF THE SERVICES

Your permission to use the Services is strictly conditioned upon and subject to the following conditions:

You must be at least eighteen years old.
You are not barred from using the Services under applicable law.
You may no longer use the Services if the Operator restricts your use or otherwise tells you that you may not.
You must follow and comply with Acceptable Use and Content Standards.
You are not a resident, national, or agent of the Crimea region, Cuba, Iran, North Korea, Syria, or any other country to which the United States, the United Kingdom, or the European Union embargoes goods or imposes similar sanctions.
You have not been identified as a Specially Designated National or placed on any sanctions list by the U.S. Treasury Department's Office of Foreign Assets Control, the U.S. Commerce Department, or the U.S. Department of State.
You will not use our Services to conduct ANY illegal or illicit activity.
You have not been placed on any of the following lists: European External Action Service Consolidated Financial Sanctions List; EU Terrorist List; FATF Non-Cooperative Countries and Territories; Federal Bureau of Investigation Most Wanted Terrorists & Seeking Information; Bank of England Sanctions List; HM Treasury Sanctions List; Politically Exposed Persons List; World Bank Ineligible Firms; Department of Foreign Affairs and Trade Consolidated List.
You are not otherwise restricted from using the services due to any provision of these terms, or any specific restrictions discussed below.

CERTAIN FUNCTIONALITY, INCLUDING THE ABILITY TO INTERACT WITH THE HYPERLIQUID PROTOCOL, IS NOT AVAILABLE TO USERS LOCATED IN THE UNITED STATES OR OTHER JURISDICTIONS.

ACCESS TO THE APP OR SERVICES ARE STRICTLY PROHIBITED IF YOU ARE RESTRICTED FROM USING THEM UNDER APPLICABLE LAW.

WE DO NOT MAKE EXCEPTIONS. THEREFORE, IF YOU ARE A RESTRICTED PERSON, THEN DO NOT ATTEMPT TO USE THE APP OR ANY RELATED SERVICES. USE OF A VIRTUAL PRIVATE NETWORK ("VPN") OR ANY OTHER SIMILAR MEANS INTENDED TO CIRCUMVENT THE RESTRICTIONS SET FORTH HEREIN IS PROHIBITED.

THE SERVICES

The App is a visual representation of the underlying smart contracts for the Hyperliquid protocol or other relevant blockchain protocols (the 'Protocol', 'Protocols', "Third Party Protocol', 'Hyperliquid', 'HyperCore', 'Solana', 'Ethereum', 'Arbitrum') which are comprised of open-source software deployed in a permissionless manner. The App provides an interface which allows users to view and administer their interactions with these Protocols.

The operator has not deployed any of the underlying smart contracts which the App's visual representation allows users to view. These smart contracts exist on third-party blockchains and are entirely permissionless to access. You may call the functions of these smart contracts outside of the App by calling the functions using any wallet provider or web browser, or access them via the interface provided by the app.

By accessing any Third-Party Protocol via the App, users would be able to access a digital wallet service allowing them to self-custody and self-administer their digital assets, as well as trade digital asset pairs and perpetual contracts directly in a peer-to-peer manner. Users will be able to access decentralized liquidity pools to provide liquidity for other users of Third-Party Protocols. The digital assets accessible via the Third-Party Protocols and presented via the App's interface are various fungible cryptocurrencies available in the market but are strictly those made available by the Third-Party Protocols.

All transactions on the Third-Party Protocols operate in a peer-to-peer manner. Traders on the Third-Party Protocols enter a direct contractual relationship with other users and/or supported third party protocols via the autonomous smart contracts underlying the relevant Protocol, which enforce that contractual relationship autonomously and immutably. There is no control by or interaction with the operator whatsoever. The operator is NOT a party to the direct contractual relationship and is NOT liable for performance of ANY obligations therein. The operator DOES NOT bear ANY financial or commercial risk or provide ANY warranties or assurances in connection with the same.

The App merely provides a visual user interface allowing users to access liquidity provided by liquidity providers on public blockchains; but does not act as an agent for any of the users or otherwise facilitate, broker, or act as an intermediary for any transaction made by the user or for any user. Although the App is intended to display accurate and timely information regarding possible swaps and blockchain transactions, the App or tools may not always be entirely accurate, complete, or current and may also include technical or typographical errors.

THE PRICING INFORMATION DATA PROVIDED THROUGH THE APP DOES NOT REPRESENT AN OFFER, A SOLICITATION OF AN OFFER, OR ANY ADVICE REGARDING, OR RECOMMENDATION TO ENTER INTO, A TRANSACTION WITH THE OPERATOR OR THE APP.

NON-CUSTODIAL

The App and the underlying Third-Party Protocols are non-custodial in nature. As such, neither the App nor Protocol holds or controls your digital assets or private keys.

Any digital assets which you may acquire through the usage of the App or the Protocol will be held and administered solely by you; you remain in full control of your digital assets, which are not held or controlled in any way by the operator. We neither own nor control the relevant blockchain network on which digital assets are recorded, or any other third-party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the App or any Third-Party Protocol.

We will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damage that you may suffer resulting from your transactions or any other interaction with any such third parties.

We will not create any hosted wallet for you or otherwise custody digital assets on your behalf. Your keys, Your Crypto. Cybernetics Inc never has access to your private keys and will never ask for them. You are solely responsible for safekeeping your private keys and digital assets.

Your private key(s) to your digital wallet/address will be encrypted and stored using Privy's embedded wallet infrastructure.

Privy is a third-party wallet provider, and their terms of service can be found here: https://www.privy.io/user-terms-of-service.

ACCEPTABLE USE

You may not break the law using the Services. This includes, for example, breaking any applicable law, rule, or regulation concerning the integrity of trading markets, such as wash trading, spoofing, or any other practice intended to deceive market participants. This also includes money laundering, terrorism financing, proliferation financing, or any other illegal financial activity. If the Operator determines that you have broken the law, it will revoke your access. However, the Operator is not obliged to inform you of any potential liabilities or violations of law or regulations. You are solely and entirely responsible for compliance with ALL laws and regulations that may apply to you.
You may not exploit any errors, bugs, vulnerabilities, or unintended features of the Service, or any associated code. This includes, for example, attempts to gain any unauthorized access or manipulate transactions. This also includes exploiting vulnerabilities in the leverage or liquidation mechanisms of the Third Party Protocols; such as efforts to distort market pricing by exploiting smart contracts, manipulating protocol weaknesses, misrepresenting the value of collateral via oracle manipulation, or otherwise creating any artificial disruptions.
You may not try to use anyone else's account on the Services (or to connect to the App with any else's wallet).
You may not make publicly available the personal information of other people using the Services.
You may not send advertisements, chain letters, or other solicitations through the Services, or use the Services to gather wallet addresses for distribution lists. It is possible that you acquire that same information via public blockchain access, as every single transaction affected by the user of the App will be publicly broadcast. However, you may not use the Services to solicit or gather those wallet addresses.
You may not falsely imply that you're affiliated with or endorsed by the operator.
You may not remove any marks showing proprietary ownership from materials you downloaded from the App.
You may not disable, avoid, or circumvent any security or access restrictions of the Services. This includes, for example, using technologies such as VPNs or other methods to conceal your location; misrepresenting your residency; or engaging in any other activity designed to evade the restrictions set forth in these terms or applicable laws.
You may not strain infrastructure of the Services with an unreasonable volume or requests, or requests designed to impose an unreasonable load on information systems the operator users to provide the Services. This includes, for example, using bots, scripts, or other automated methods to interact with the Services or the App in ways that exceed reasonable usage, bypass rate limits, cause denial-of-service conditions, or disrupt the normal functioning of the Services or related systems.
You may not "scrape" or otherwise use any automated means to access the Services or collect any information from the services, except to index the public-facing portions of the Services from a search engine.
You may not impersonate others through the Services.
You may not reverse engineer or "decompile" any of the Services or the App.
You may not use a modified device to use the Services if modification is contrary to the manufacturer's software or hardware guidelines. This includes disabling hardware or software controls, commonly referred to as "jail breaking."
You may not encourage or assist anyone in violation of these terms.

CONTENT STANDARDS

You may not engage in conduct or submit content to the Services that is illegal, defamatory, offensive, or otherwise harmful to others. This includes, but is not limited to, conduct or content that is harassing, inappropriate, expressing racial or other bigotry, and/or abusive.
You may not engage in conduct or submit content to the Services that violates the law, infringes anyone's intellectual property rights, violates anyone's privacy, or breaches agreements you have with others.
You may not submit content to the Services containing malicious computer code, such as computer viruses or spyware.
You may not submit content to the Services as a mere placeholder to hold a particular address, username, or other unique identifier.
You may not use the Services to disclose information from or about others that you don't have the right to disclose.
The "Content Standards" in this section extend to any content hosted on any other site or service and "embedded" in or otherwise connected to the Services.
The operator shall have the sole right to determine whether any of the provisions in this "Content Standards" section have been violated.

YOUR INFORMATION

You agree to:

Provide accurate, current and complete information about you if requested by any registration or subscription forms on the Services or otherwise requested by the operator;
Maintain the security of your password and identification;
Maintain and promptly update any information you provide to the operator, to keep it accurate, current and complete;
Promptly notify the operator regarding any material changes to information or circumstances that could affect your eligibility to continue to use the Services or the terms on which you use the Services; and
Be fully responsible for all use of your account on the Services and for any actions that take place using your account.

Know Your Customer

You acknowledge that the operator and its partners may request your performance of Know Your Customer ("KYC") procedures on the information you provide as required by applicable guidelines, internal policies or regulations. You consent to such KYC procedures if the requirements apply to you.
You agree that this is a general requirement and in compliance with regulatory rules and guidance, and in no way creates or is deemed to be any form of recommendation or advice by the operator.
The operator may in its sole and absolute discretion decline to accept any person's request in anything, at any time, with no requirement for any reason or explanation; you agree that such decline(s), if any, shall not constitute an opinion, recommendation, or investment, legal or tax advice by the operator.

Background Checks

The operator may perform background checks on users as required by applicable guidelines or regulations. These background checks will seek to confirm whether a user's name and identity matches the identity of anyone listed on a terrorist or criminal database or watch list or is associated with any foreign government. You consent to such background checks.
With respect to background checks, the data and information contained in our investigations is obtained from numerous regulatory, private, and public sources and is thought to be reliable.
Background check information is shared with our partners as necessary to facilitate the Services.
We and/or our partners may have legal obligations under the USA Patriot Act or other applicable laws designed to detect money laundering or other crimes, including obligations to report suspicious activity. We reserve the right to deny any individual the right to access products that are otherwise available on the Services for any reason, including, without limitation, as a result of information obtained in connection with background checks and whether or not such information is accurate, truthful or complete.

Third Party Service Providers

To provide the Services, the operator may use the following service providers. You authorize us to share your information with these and other service providers as necessary for the provision of the Services. You authorize these service providers and their affiliates and service providers to use, disclose and retain your personal data in connection with these terms and the provision of the Services and as required by law. As a condition of the use of the Services, you agree to each of the agreements listed after each service provider.

Coinbase – Crypto Onramp
Terms (US): https://www.coinbase.com/legal/user_agreement/united_states#-individual-user-agreement
Terms (EU): https://www.coinbase.com/legal/user_agreement/ireland_europe
Privacy Policy: https://www.coinbase.com/legal/privacy

Amazon Web Services
Terms: aws.amazon.com/service-terms/
Privacy Policy: aws.amazon.com/privacy/

Privy - Wallet Provider
Terms: https://www.privy.io/user-terms-of-service
Privacy Policy: aws.amazon.com/privacy/

DISCLAIMERS

You accept ALL risk of using the Services and their content. As far as the law allows, the operator provides the Services and its content "as is," without any warranty whatsoever. The operator expressly disclaims; and you expressly waive, any representations, conditions, or warranties of any kind, including, without limitation, the implied or legal warranties of merchantability, merchantable quantity, quality or fitness for a particular purpose, title, security, availability, reliability, accuracy, quiet enjoyment and non-infringement of third-party rights.
You confirm that you accept ALL risk associated with your personal financial, cryptocurrency, and other crypto asset holdings, stakings, transfers, and transactions.
You agree and acknowledge that the Operator has zero control, ability to prevent, reverse, or in any way intermediate any blockchain transaction you effect with your wallet.
You agree and acknowledge that that the operator is not responsible or liable for any loss, harm, or damage, of any kind, related to or arising from your use of the Services, or arising from disclosure of your personal wallet private key, even if such loss may be attributed to an error or "bug" in our services. The responsibility of securing your private keys is yours and yours alone.
You agree and acknowledge that on-chain swaps, futures, margin, bridging or leveraged trading may not be suitable for all users and can involve a high degree of risk; including smart contract risk, risk of smart contract exploits and blockchain halts. You acknowledge that each, any, or all these activities can result in losses of your principal or even exceeding your initial investment. You should carefully evaluate your financial situation and risk tolerance before engaging in such activities.

LIMITS ON LIABILITY

As far as the law allows, neither you nor the operator will not be liable to the other for any: (1) financial losses; (2) loss of use, data, business or profits; or (3) indirect, special, consequential, exemplary, punitive, or any other damages arising out of or relating to the Services or these Terms of Service.
Both you and the operator acknowledge that the limitations of liability in this section are material provisions of these Terms of Service, and that absent those limitations of liability, one or both of the parties would have declined to enter the Terms of Service on the economic and other terms stated in it.
Except as expressly stated otherwise in the Agreement: The cumulative total liability of both you and the operator, for any and all breaches of these Terms of Service, is not to exceed one thousand and fifteen hundred US Dollars ($1,500.00 USD) OR the amount paid by you to the operator as fees for the use of the Services, whichever is smaller.

DISPUTES

The law of Delaware will govern these terms and all legal proceedings related to these terms or your use of the Services.
We both agree that all disputes related to the Services under these terms, including whether such disputes are arbitrable, will be heard by arbitration. The arbitration will be in English, heard by one arbitrator, and conducted by JAMS.
The arbitration will be conducted under JAMS' Comprehensive Arbitration Rules & Procedures, and in accordance with the Expedited Procedures in those rules, except as modified by these terms. The JAMS rules are available at https://www.jamsadr.com/.
The arbitrator's judgment will be final and enforceable in any court of competent jurisdiction.
The seat of the arbitration will be Delaware, but the arbitration will be conducted remotely to the extent permitted by the arbitration rules in effect.
We both agree to maintain the confidential nature of any arbitration proceeding and any award, except as may be necessary to prepare for or conduct any arbitration hearing.
As a limited exception to the requirement for arbitration, both sides retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
If, for any reason, a dispute is heard in a court of law, both sides agree to bring any proceedings related to this agreement (other than the enforcement of a judgment) only in courts of competent jurisdiction in Delaware.
Neither you nor the operator will object to jurisdiction, forum, or venue in those courts.
Both sides waive their rights to trial by jury and agree to bring any legal claims related to this agreement as individuals, not as part of a class action or other representative proceeding.

General Terms

If a section of these terms is unenforceable as written, but could be changed to make it enforceable, that section should be changed to the minimum extent necessary to make it enforceable. Otherwise, that section should be removed, and the others should be enforced as written.

You may not assign this agreement. The operator may assign this agreement to any affiliate of the operator, any other company that obtains control of the operator, or any other company that buys assets of the operator related to the Services. Any attempt to assign against these terms has no legal effect.

Neither the exercise of any right under this agreement, nor waiver of any breach of this agreement, waives any other breach of this agreement.

These terms, plus the terms on any Services incorporating them by reference, are all the terms of agreement between you and the operator about use of the Services. This agreement entirely replaces any other agreements about your use of the Services, written or not.

Contact

You may notify the operator under these terms, and send questions to the operator, at service@splashwallet.xyz
The operator may notify you under these terms using the e-mail address you provide for your account on the Services, or by posting a message to the homepage of the Services or your account page.

Changes

The operator may update the terms of service for the Services. The operator will post all updates to the Services. The operator may also announce updates with special messages or alerts on the Services.
Once you get notice of an update to these terms, you must agree to the new terms to keep using the Services.