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Terms of Service

Last updated: January 2025

Agreement to Terms

By accessing or using NYKNYC, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing this platform.

IMPORTANT DISCLAIMER

NYKNYC IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. YOU USE THIS SERVICE AT YOUR OWN RISK.

By using NYKNYC, you acknowledge and accept that:

  • This is experimental software that may contain bugs or vulnerabilities
  • You are solely responsible for the security and management of your digital assets
  • We do not store your private keys, passwords, or recovery phrases
  • We cannot recover lost funds or reverse transactions
  • Blockchain transactions are irreversible and final
  • You accept all risks associated with blockchain technology and smart contracts

Noncustodial Service

NYKNYC is a noncustodial platform. This means:

  • You have full custody and control of your smart wallet and all associated funds
  • We do not store, have access to, or can retrieve your private keys, seed phrases, passwords, or any credentials that control your wallet
  • We cannot access, freeze, or recover your funds under any circumstances
  • You are solely responsible for securing your authentication methods (passkeys, connected wallets, etc.)
  • Loss of access means permanent loss of funds - we cannot help you recover access to your wallet if you lose your authentication credentials

We only provide the interface and infrastructure. Your assets remain under your exclusive control at all times.

Third-Party Smart Contracts

NYKNYC utilizes smart contracts developed by ZeroDev (ZeroDev Terms). These smart contracts are used AS-IS without any modifications by NYKNYC.

Important:

  • We did not create or audit these smart contracts
  • We make no warranties about the security, functionality, or reliability of these smart contracts
  • Smart contract vulnerabilities, bugs, or exploits are beyond our control
  • You should review ZeroDev's terms and documentation independently
  • Any issues with the smart contracts themselves are the responsibility of their creators, not NYKNYC

Use of Service

NYKNYC provides Web3 smart wallet infrastructure with OAuth authentication. You are responsible for maintaining the security of your account and for all activities that occur under your account. You must not use the service for any illegal or unauthorized purpose.

User Responsibilities

You are solely responsible for:

  • Verifying all transaction details (addresses, amounts, gas fees) before signing
  • Securing your authentication methods (passkeys, connected wallets, device security)
  • Maintaining backups of your wallet access credentials
  • Understanding the risks of interacting with smart contracts and dApps
  • Complying with all applicable laws and regulations in your jurisdiction
  • Any and all losses resulting from your use of the service

We strongly recommend testing with small amounts before conducting large transactions.

Third-Party Services and Dependencies

NYKNYC relies on various third-party services including but not limited to:

  • OAuth providers (Google, Twitter, Discord, Apple)
  • Blockchain RPC nodes and infrastructure providers
  • Smart contract platforms (ZeroDev)
  • Bundler services for ERC-4337 account abstraction
  • Gas sponsorship services

We are not responsible for:

  • Downtime, failures, or errors from third-party services
  • Changes to third-party service terms or availability
  • Security breaches or vulnerabilities in third-party services
  • Data handling practices of OAuth or other third-party providers

Blockchain and Network Risks

You acknowledge and accept the inherent risks of blockchain technology:

  • Irreversibility: All blockchain transactions are permanent and cannot be reversed
  • Network congestion: High gas fees or failed transactions during network congestion
  • Chain reorganizations: Potential transaction reversals due to blockchain forks
  • Smart contract risks: Bugs, exploits, or unexpected behavior in any smart contracts you interact with
  • Protocol changes: Changes to blockchain protocols that may affect your wallet
  • Loss of funds: Sending to wrong addresses, interacting with malicious contracts, or other user errors

Gas Credits

New users receive $5 in gas credits upon account creation. These credits can be used for transactions across supported blockchain networks. Gas credits are non-transferable and subject to our usage policies.

Developer Services

Developers using NYKNYC as an OAuth provider or for transaction sponsorship must comply with our API terms and usage policies. We reserve the right to rate limit or suspend access for misuse or violation of terms.

Intellectual Property

The service and its original content, features, and functionality are owned by NYKNYC and are protected by international copyright, trademark, and other intellectual property laws.

No Warranty - "AS IS" Service

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

To the maximum extent permitted by law, NYKNYC disclaims all warranties, including but not limited to:

  • Warranties of merchantability, fitness for a particular purpose, and non-infringement
  • Any warranties that the service will be uninterrupted, timely, secure, or error-free
  • Any warranties regarding the accuracy, reliability, or completeness of any content
  • Any warranties that defects will be corrected
  • Any warranties regarding the security of your funds or data

We make no guarantees about the service's availability, functionality, or suitability for your needs.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NYKNYC AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER.

This includes but is not limited to:

  • Direct damages: Loss of funds, lost profits, or any other financial losses
  • Indirect damages: Loss of data, loss of goodwill, or work stoppage
  • Consequential damages: Any damages resulting from your use or inability to use the service
  • Incidental damages: Any unexpected losses or damages
  • Punitive damages: Any penalties or punishments

This limitation applies to all claims, whether based on:

  • Warranty, contract, tort (including negligence), or any other legal theory
  • Service errors, bugs, downtime, or unavailability
  • Smart contract vulnerabilities or exploits
  • Third-party service failures
  • Blockchain network issues
  • User errors or unauthorized access to your account
  • Any other cause whatsoever

EVEN IF NYKNYC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend, and hold harmless NYKNYC and its affiliates from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

  • Your use or misuse of the service
  • Your violation of these terms
  • Your violation of any applicable laws or regulations
  • Your violation of any third-party rights
  • Any transactions you conduct using the service
  • Any losses or damages you incur

Changes to Terms

We reserve the right to modify or replace these terms at any time. We will provide notice of any material changes through the platform or via email. Your continued use of the service after such modifications constitutes acceptance of the updated terms.

Contact Us

If you have any questions about these Terms of Service, please contact us through our support channels.

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