Last Updated: August 29, 2023
Please review these terms of use (“Terms of Use”) before using or accessing this website (the “Site”). To make these Terms of Use easier to read, the services provided on the Site and all digital services associated with the Site are called the “Services.” These Terms of Use form a binding agreement between users of the Services (“you” or “user”) and Sudo Technology Inc. d/b/a Multi, a Delaware corporation (the “Company", "we" or "us"). By using the Services, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the Services. By accessing or using the Services, you, the user, signify that you have read, understand, and agree to be bound by these Terms of Use.
Important: By entering into this agreement, you expressly acknowledge that you have read and understand all of the terms of these Terms of Use and have taken time to consider the consequences of this important decision. You agree that we may modify the Terms without notice to you as and when we determine, and you should check for any changes on subsequent visits. You agree that any use by you of the Services following changes having been posted by us will be deemed acceptance of all such changes.
PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY AGREEING TO THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THE ARBITRATION AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
Description of Services & Digital Assets
Multi Services
The Company offers a variety of hardware- and software-based services that use cryptographic signatures to transact cryptocurrency and authenticate user identity.
About Digital Assets
You cannot send or receive money through the Services. Cryptocurrency is not legal tender and is not backed by the United States government. Cryptocurrency accounts and value balances within the Services are not protected or subject to the Federal Deposit Insurance Corporation (FDIC) or Securities Investor Protection Corporation. The Company is not a bank and does not offer fiduciary Services.
The Services allow you to facilitate transactions to and from a cryptocurrency wallet. The wallet Services enable you to interface with a distributed ledger, or blockchain, to view and transmit information about a public cryptographic key, commonly referred to as an address, for supported cryptocurrencies and digital assets (collectively, “Digital Assets”).
The Company is in no way affiliated with any particular Digital Asset. You acknowledge that the Company makes no representations or warranties regarding the stability or security of Digital Assets. You further acknowledge that the transfer of Digital Assets is practically irreversible. Please be careful when buying and transferring Digital Assets. You do so at your own risk.
Digital Asset Protocols
Company does not own or control the underlying software protocols that govern Digital Assets. Digital Asset protocols are subject to changes in protocol rules (referred to as “forks”), and such forks may materially affect the value, function, or name of the Digital Asset. You acknowledge and agree (i) that Company is not responsible for operation of the underlying Digital Asset protocols and that Company makes no guarantee of their functionality, security, or availability; and (ii) if a fork occurs, Company may temporarily suspend the Services relating the Digital Asset affected, and Company may decide not to support the forked protocol entirely or may configure its Services to enable you to transfer the affected Digital Asset.
Authentication; Passwords and Security
To use the Services, you must authenticate with your Apple ID and password. You are responsible for maintaining adequate security and control of your Apple ID and password. You agree to notify us immediately of any unauthorized use of your Apple account or password, or any other breach of security. You may be held liable for losses incurred by us or any other user of the Services due to someone else using your Apple ID, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s Apple ID, password or account at any time without the express permission and consent of the holder of that Apple ID, password or account. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
To learn more about creating and managing your Apple ID and password, please visit: https://appleid.apple.com/.
License
All content provided through the Services, including but not limited to designs, text, graphics, data, analyses, information, images, functionalities, navigation, video, information, software, audio, and other source files, and their selection, look-and-feel, arrangement, and corresponding source code (the "Services Content"), are the property of the Company or its licensors with all rights reserved. No Services Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, licensed, or sold in any form or by any means, in whole or in part, without the Company's prior written permission. Subject to your compliance with these terms, you are granted a non-exclusive, non-transferable, non-sublicensable license to access and use the Services Content via the functionalities provided on the Site, solely for your personal use in connection with your use of the Services. You may not republish Services Content on any Site or incorporate the Services Content into any other database or compilation. Any use of the Services or the Services Content other than as specifically authorized herein, without the prior written permission of the Company, is strictly prohibited and, without prejudice to any other rights available to Company, will terminate the license granted herein. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable by us at any time without notice and with or without cause.
Restrictions on Use
You agree not to use the Services to:
We may terminate, disable or throttle your access to, or use of, the Services at any time without notice for any reason, with or without cause at Company’s sole discretion.
The following provisions of these Terms of Use shall survive termination of your use or access to the Services: the sections concerning “Intellectual Property Matters,” “Disclaimers,” “Arbitration Agreement,” “Miscellaneous Terms,” and any other provision that by its terms survives termination of your use or access to the Services.
Consents and Authorizations
You agree and consent to receive electronically, via your verification email, all communications that Company may be willing to communicate to you in connection with your use of the Services. You may withdraw your consent to receive electronic communications pertaining to promotional information and materials regarding Company’s Services by following the instructions provided in the email.
Intellectual Property Matters
Trademarks
The names MULTI, MULTIKEY, MULTIPASS, MULTIVAULT, MULTIKIT and other Company graphics, logos, slogans, trade names, designs, page headers, button icons, scripts and service names are trademarks or trade dress of the Company in the U.S. or other countries. The Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services ("submissions"), provided by you to the Company are non-confidential and shall become the sole property of the Company. The Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Links to Other Websites and Content
The Services may contain (or you may be sent through the Services) links to other websites ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, software and other content belonging to or originating from third parties (the "Third Party Content"). Such Third-Party Sites and Third-Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Sites or Third Party Content accessed through the Services, including without limitation the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third-Party Sites or the Third-Party Content. Inclusion of or linking to any Third-Party Site or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the site and access the Third-Party Sites, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Site to which you navigate from the Site.
Privacy
Company processes personal data in accordance with our Privacy policy. By using our Services, you consent to the practices stated in our privacy policy.
Disclaimers
Company and its affiliates, subsidiaries, providers and their respective members, managers, officers, directors, employees, agents, contractors, and licensors (collectively the "Company Parties") do not guarantee the accuracy, adequacy, timeliness, reliability, completeness, or usefulness of any of the Services Content and the Company Parties disclaim liability for errors or omissions in the Services Content. The Services and all of the Services Content are provided "as is" and "as available," without any warranty, either express or implied, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement or quiet enjoyment. Additionally, there are no warranties as to the results of your use of the Services Content. The Company Parties do not warrant that the Services are free of viruses or other harmful components. The Services may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the internet or on the Services or combination thereof, including injury or damage to users or to any other person's computer related to or resulting from participating or downloading materials in connection with the web and/or in connection with the Service. Under no circumstances will the Company be responsible for any loss or damage to any user content. TheCompany reserves the right to change any and all Services Content at any time without notice. Reference to any products, Services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Company.
Limitation on Liability
In no event will the Company Parties be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, or for any lost profits or lost data arising from your use of the Services or any of the Services Content or other materials on or accessed through the Services, even if the Company is aware or has been advised of the possibility of such damages. The Company Parties’ liability to you in connection with your use of the Services or any of the Services Content or other materials on or accessed through the Services for any cause whatsoever, and regardless of the form of the action (whether arising in tort, contract, strict liability or otherwise), will at all times be limited to the greater of (a) the price you paid for Services in twelve (12) months preceding the event giving rise to liability, and (b) one hundred dollars ($100).
The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between Company and you.
Indemnity
You agree to indemnify, defend, and hold the Company Parties harmless from and against any loss, liability, claim, demand, damage, cost and expense, including reasonable attorney's fees and costs, arising out of or in connection with (a) your access to or use of the Services, or (b) your violation of these Terms of Use, any applicable law, or the rights of any third party.
Arbitration Agreement
By agreeing to these Terms of Use, you agree that you are required to resolve any claim that you may have against us on an individual basis, and not as part of a class, in arbitration, as set forth in this agreement to arbitrate (“Arbitration Agreement”). This will preclude you from bringing any class, collective, or representative action against us, and also precludes you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against us by someone else.
You and the Company agree that any dispute, claim or controversy between you and the Company (each a “Claim” and collectively, “Claims”) shall be settled or resolved by binding arbitration solely between you and us, and not in a court of law. Claims include, but are not limited to, any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms of Use.
You acknowledge and agree that you and the Company are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and the Company otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and the Company each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
The arbitration will be administered by the American Arbitration Association (the “AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The parties agree that the arbitrator (the “Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms of Use are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Notwithstanding any choice of law or other provision in the Terms of Use, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of New York. Unless you and the Company agree otherwise, any arbitration hearings between the Company and you will take place in New York County, New York. The Arbitrator will render an award within the timeframe specified in the AAA Rules. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. The Company will not seek, and hereby waives all rights the Company may have under applicable law to recover attorneys’ fees and expenses if the Company prevails in arbitration. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms of Use; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
Miscellaneous Terms
These Terms of Use constitute the entire and exclusive understanding and agreement between Company and you regarding the Services, and these Terms of Use supersede and replace all prior oral or written understandings or agreements between Company and you regarding the Services.
The failure of the Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance.
If any provision of these Terms of Use is held invalid, the remainder of these Terms of Use shall continue in full force and effect.
If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
You may not assign or transfer these Terms of Use, by operation of law or otherwise, without Company’s prior written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null. The Company may freely assign or transfer these Terms of Use without restriction.
Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns. Other than the Company Parties, there are no third-party beneficiaries to these Terms of Use.
Notices
Any notices or other communications provided by Company under these Terms of Use will be given: (i) via email; or (ii) by posting to the Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
Contact Information
If you have any questions about these Terms of Use or the Services, please contact the Company at contact@multi.inc.