Self-Custodial Wallet Terms of Service

Última actualización: August 25, 2025

These Terms of Service (the “Terms”) govern your use of the Gemini self-custodial wallet (the “Gemini Wallet”) provided by Gemini Mariner, LLC, a limited liability company organized and existing under the laws of the State of Texas (“we,” “us,” or “our”) to you. 
By using the Gemini Wallet, you agree that you are bound by these Terms. 
The Gemini Wallet is offered and available to users who are 18 years of age or older. By using the Gemini Wallet, you represent and warrant that you are of legal age to form a binding contract with us. If you do not meet all of these requirements, you must not use the Gemini Wallet.  
The Terms may change at any time and without notice.  If you continue to access or use the Gemini Wallet after the Terms change, you agree to all changes. 
YOU REPRESENT AND WARRANT THAT YOU ARE NOT (A) ANY PERSON OR ENTITY WHO RESIDES IN, ARE CITIZENS OF, ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE OR PRINCIPAL PLACE OF BUSINESS IN ANY COUNTRY SUBJECT TO ANY SANCTIONS OR RESTRICTIONS PURSUANT TO ANY APPLICABLE LAW, INCLUDING THE CRIMEA REGION, CUBA, IRAN, NORTH KOREA, SYRIA, RUSSIA, OR ANY OTHER COUNTRY TO WHICH ANY JURISDICTION EMBARGOES GOODS OR IMPOSES SANCTIONS, OR ANY JURISDICTIONS IN WHICH THE TRANSACTING OF CRYPTOCURRENCIES IS PROHIBITED OR RESTRICTED IN ANY FORM OR MANNER (COLLECTIVELY, THE “RESTRICTED JURISDICTIONS” AND EACH A “RESTRICTED JURISDICTION”); (B) ANY PERSON WHO RESIDES IN, IS OWNED, CONTROLLED, OR LOCATED IN OR ORGANIZED UNDER THE LAWS OF ANY RESTRICTED JURISDICTION OR AFFILIATED WITH ANY SUCH PERSON, ANY PERSON LISTED ON ANY SANCTIONS LIST MAINTAINED BY ANY JURISDICTION, OR A RESIDENT OF OR LOCATED IN ANY COUNTRY OR JURISDICTION THAT RESTRICTS ACCESS TO OR PROHIBITS USE OF DIGITAL ASSETS OR CRYPTO CURRENCIES (COLLECTIVELY, “RESTRICTED PERSONS” AND EACH A “RESTRICTED PERSON”); (C) OR HAVE NOT BEEN PLACED ON THE U.S. DEPARTMENT OF COMMERCE’S DENIED PERSONS LIST; (D) IDENTIFIED AS A “SPECIALLY DESIGNATED NATIONAL” BY THE U.S. GOVERNMENT; (E) SUBJECT TO ANY TRADE EMBARGOES OR ECONOMIC SANCTIONS LISTS, SUCH AS THE UNITED NATIONS SECURITY COUNCIL SANCTIONS LIST, OR THE LIST OF SPECIALLY DESIGNATED NATIONALS MAINTAINED BY THE OFFICE OF FOREIGN ASSETS CONTROL; AND (F) YOU WILL NOT ACCESS THE GEMINI WALLET IF YOU HAVE PREVIOUSLY BEEN PROHIBITED FROM DOING SO OR IF ANY LAWS PROHIBIT YOU FROM DOING SO. IF YOU ARE A RESTRICTED PERSON OR LOCATED IN A RESTRICTED JURISDICTION, THEN DO NOT USE OR ATTEMPT TO USE THE GEMINI WALLET OR MAKE USE OF ANY TECHNOLOGY OR MECHANISM, SUCH AS A VIRTUAL PRIVATE NETWORK, TO CIRCUMVENT OR ATTEMPT TO CIRCUMVENT THE RESTRICTIONS SET FORTH HEREIN.  
BY USING THE GEMINI WALLET, YOU REPRESENT THAT: (A) YOU ARE AT LEAST 18 YEARS OF AGE; (B) YOU HAVE FULL POWER AND AUTHORITY TO ENTER INTO THIS AGREEMENT; (C) YOU ARE NOT A RESTRICTED PERSON, AND (D) YOU WILL NOT COORDINATE, CONDUCT OR CONTROL (INCLUDING  IN SUBSTANCE OR EFFECT, MAKING DECISIONS WITH RESPECT TO) YOUR USE OF THE GEMINI WALLET FROM WITHIN ANY RESTRICTED JURISDICTION OR FOR THE BENEFIT OF A RESTRICTED PERSON.
YOU AGREE NOT TO (A) USE THE GEMINI WALLET IN ANY WAY THAT VIOLATES ANY APPLICABLE LAW, INCLUDING FEDERAL, STATE, LOCAL, OR INTERNATIONAL LAW OR REGULATION; (B) USE THE GEMINI WALLET FOR ANY UNAUTHORIZED, FRAUDULENT, OR MALICIOUS PURPOSE; (C) ENGAGE IN ANY OTHER CONDUCT THAT RESTRICTS OR INHIBITS ANYONE'S USE OR ENJOYMENT OF THE GEMINI WALLET, OR WHICH, AS DETERMINED BY US, MAY HARM US OR USERS OF THE GEMINI WALLET OR EXPOSE THEM TO LIABILITY; (D) USE THE GEMINI WALLET IN ANY MANNER THAT COULD DISABLE, OVERBURDEN, DAMAGE, OR IMPAIR THE GEMINI WALLET; (E) USE ANY ROBOT, SPIDER, OR OTHER AUTOMATIC DEVICE, PROCESS, OR MEANS TO ACCESS THE GEMINI WALLET FOR ANY PURPOSE, INCLUDING MONITORING OR COPYING ANY OF THE MATERIAL ON THE GEMINI WALLET; (F) ACCESS SYSTEMS, DATA OR INFORMATION NOT INTENDED BY US TO BE MADE ACCESSIBLE TO A USER; (G) OBTAIN OR ATTEMPT TO OBTAIN ANY MATERIALS OR INFORMATION THROUGH ANY MEANS NOT INTENTIONALLY MADE AVAILABLE BY US; USE THE GEMINI WALLET FOR ANY USE OTHER THAN THE PURPOSE FOR WHICH IT WAS INTENDED; OR (I) MODIFY, DISASSEMBLE, DECOMPILE, ADAPT, ALTER, TRANSLATE, REVERSE ENGINEER OR CREATE DERIVATIVE WORKS OF THE GEMINI WALLET TO MAKE IT AVAILABLE TO ANY RESTRICTED PERSONS OR IN ANY RESTRICTED JURISDICTION.
YOU AGREE NOT TO (A) USE THE GEMINI WALLET IN ANY WAY THAT VIOLATES ANY APPLICABLE LAW, INCLUDING FEDERAL, STATE, LOCAL, OR INTERNATIONAL LAW OR REGULATION; (B) USE THE GEMINI WALLET FOR ANY UNAUTHORIZED, FRAUDULENT, OR MALICIOUS PURPOSE; (C) ENGAGE IN ANY OTHER CONDUCT THAT RESTRICTS OR INHIBITS ANYONE'S USE OR ENJOYMENT OF THE GEMINI WALLET, OR WHICH, AS DETERMINED BY US, MAY HARM US OR USERS OF THE GEMINI WALLET OR EXPOSE THEM TO LIABILITY; (D) USE THE GEMINI WALLET IN ANY MANNER THAT COULD DISABLE, OVERBURDEN, DAMAGE, OR IMPAIR THE GEMINI WALLET; (E) USE ANY ROBOT, SPIDER, OR OTHER AUTOMATIC DEVICE, PROCESS, OR MEANS TO ACCESS THE GEMINI WALLET FOR ANY PURPOSE, INCLUDING MONITORING OR COPYING ANY OF THE MATERIAL ON THE GEMINI WALLET; (F) ACCESS SYSTEMS, DATA OR INFORMATION NOT INTENDED BY US TO BE MADE ACCESSIBLE TO A USER; (G) OBTAIN OR ATTEMPT TO OBTAIN ANY MATERIALS OR INFORMATION THROUGH ANY MEANS NOT INTENTIONALLY MADE AVAILABLE BY US; USE THE GEMINI WALLET FOR ANY USE OTHER THAN THE PURPOSE FOR WHICH IT WAS INTENDED; OR (I) MODIFY, DISASSEMBLE, DECOMPILE, ADAPT, ALTER, TRANSLATE, REVERSE ENGINEER OR CREATE DERIVATIVE WORKS OF THE GEMINI WALLET TO MAKE IT AVAILABLE TO ANY RESTRICTED PERSONS OR IN ANY RESTRICTED JURISDICTION.
We reserve the right, in our discretion, to block or restrict access to the Gemini Wallet for any reason or no reason, including for a suspected violation of these Terms or if we reasonably believe your activities fall into a high-risk category as determined in our sole discretion. For example, you will not use the Gemini Wallet in connection with money laundering or the financing of terrorism. You further understand and agree that we strictly prohibit unfair trading practices. We reserve the right to restrict your access to the Gemini Wallet if you perform or we suspect you are in beach of these Terms, including if you are performing any of the following actions (a) price manipulation or any other market manipulation; (b) harming the Gemini Wallet or other users of the Gemini Wallet; or (c) violating or attempt to violate another user’s legal rights. 
We reserve the right to contact and cooperate with relevant legal or regulatory authorities regarding your behavior if we deem that to be necessary in our sole discretion. Additionally, we reserve the right to block certain wallet addresses that we determine to be associated with illegal activity or activity that otherwise violates these Terms (“Blocked Addresses”). In the event that you send digital assets to a Blocked Address, or receive digital assets from a Blocked Address, we may freeze such digital assets and terminate your access to the Gemini Wallet. We may also freeze digital assets or surrender associated currency held in segregated accounts in the event we receive a legal order from a valid government authority requiring us to do so. You understand and agree that we shall not be liable for any losses that you may incur as a result of any of the aforementioned. Further, you acknowledge and agree that we may remove potentially high-risk users or digital wallets from using the Gemini Wallet in our sole discretion. 

1. The Gemini Wallet Service

The Gemini Wallet is a non-custodial product that allows you to: (a) generate, manage and control the private and public cryptographic keys (the “Keys”) necessary for conducting transactions on blockchain networks; (b) store, send and receive supported digital assets with other users or third parties; (c) interact with third-party decentralized applications (“dApps”) and smart contracts; and (d) view and manage your transaction history on various blockchain networks.
You acknowledge that when using the Gemini Wallet, your account is personal to you, and agree not to provide any other person or entity with access to the Gemini Wallet or portions thereof.  You acknowledge that it is your responsibility to protect your digital wallet and Wallet passkey, passphrase, or  Keys, where relevant.  If you lose control over your Keys, you may lose your digital assets. We are not responsible for securing your Gemini Wallet and  if you lose them, if someone steals them from you, or if someone obtains access to them. It is your responsibility to establish a means for securing your Keys. We do not at any time have custody of or control over your passkeys, Keys or digital assets and we cannot assist you in recovering your Keys or digital assets if they are lost or stolen or if the backup or security measures that you have established are compromised. YOU HEREBY INDEMNIFY AND HOLD THE INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY LOSSES ARISING IN CONNECTION WITH THE USE OF THE GEMINI WALLET BY UNAUTHORIZED PARTIES.
Please note that all transactions conducted through the Gemini Wallet are final and irreversible. Due to the immutable nature of blockchain technology, once a transaction is submitted and recorded on the applicable blockchain, it cannot be canceled, reversed or refunded. You understand and agree that you are not entitled to any credit, refund or reversal for any completed transaction.
ANY LOSSES YOU SUFFER RELATING TO YOUR DIGITAL ASSET TRANSACTIONS AND PASSKEYS OR KEYS AND WALLETS OR YOUR GEMINI WALLET ARE YOUR SOLE RESPONSIBILITY, AND YOU HEREBY INDEMNIFY AND HOLD THE INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY LOSSES THAT YOU OR ANYONE ELSE SUFFERS IN CONNECTION WITH YOUR DIGITAL ASSET TRANSACTIONS, INCLUDING FAILURE OR MALFUNCTION IN THE UNWRAPPING OR REDEMPTION OF DIGITAL ASSETS RESULTING FROM ERRORS, INTERRUPTIONS OR DEFECTS IN THE UNDERLYING TECHNOLOGY OR PROTOCOL.


2. Your Responsibilities

  • Ownership and Control. You retain full ownership and control over all digital assets held in your Gemini Wallet. Your use of the Gemini Wallet does not transfer any ownership rights or title to your digital assets to Gemini or its affiliates. Subject to service outages, scheduled downtime, or other applicable terms, you may withdraw your digital assets at any time by transferring them to a different wallet.
  • Security. You are solely and entirely responsible for maintaining the security, confidentiality and safety of your Keys, your recovery phrase (the “Recovery Phrase”), your passwords, your passkey, and any other credentials associated with your Gemini Wallet, where applicable.  Likewise, You are solely responsible for any and all activities that occur during your use of the Gemini Wallet. Any security breach, including but not limited to unauthorized access, data loss, or system compromise that arises from or is connected to your use of the Gemini Wallet or your failure to implement and maintain security measures is your sole responsibility. We expressly disclaim all liability for any claims, damages, or losses of any kind arising from any breach.
  • Backup and Recovery. You must create and maintain a secure, offline backup of your Recovery Phrase. The Recovery Phrase is the only method to restore access to your Gemini Wallet and the digital assets within it if you lose access to your device or password. If you lose your Recovery Phrase, you may permanently and irreversibly lose access to your digital assets. Gemini does not store your Recovery Phrase, does not have any control over your Recovery Phrase and has no ability to recover it for you.
  • Compliance. You agree to use the Gemini Wallet in compliance with all applicable laws and regulations.

3. No Financial or Investment Advice

You understand that the Gemini Wallet is not regulated by any regulator, and we do not act as your financial advisor, investment manager, arranger, introducer, or commodity trading advisor, or give you any investment advice of any kind with respect to what assets you choose to transact, including to buy, sell, borrow, wrap, swap or lend. As with any trading activities, if you engage in them, it is your responsibility and you are solely responsible for your purchase and sale decisions, how and when you trade digital assets and with whom. It is also your responsibility to ensure you understand digital assets, how they work, what their value is in the context of trading and purchasing such assets, and understand that there are risks in doing so, all of which you solely assume. It is also your responsibility to identify if you require any advice related to such activity and pay for the same.
You agree and understand that all decisions you make when utilizing the Gemini Smart Wallet are made solely by you. You agree and understand that under no circumstances will the operation of the Gemini Smart Wallet and your use of it be deemed to create a relationship that includes the provision of or tendering of investment advice. NO FINANCIAL, INVESTMENT, TAX, LEGAL OR SECURITIES ADVICE IS GIVEN THROUGH OR IN CONNECTION WITH THE GEMINI WALLET. You agree and understand that we accept no responsibility whatsoever for, and shall in no circumstances be liable in connection with your decisions or your use of the Gemini Wallet.


4. Risk Disclosures

Your use of the Gemini Wallet is subject to significant risks, which you acknowledge and accept. Some of these risks may include, but are not limited to:
  • Loss of Access. The loss or compromise of your Recovery Phrase may result in the permanent and irreversible loss of access to all digital assets stored in your Gemini Wallet.
  • Volatility. The value of digital assets is highly volatile and can fluctuate dramatically.
  • Regulatory Risk. The legal and regulatory landscape for digital assets is uncertain and subject to change and could impact your use of the Gemini Wallet.
  • Security Risks. The Gemini Wallet, and the networks it interacts with, may be subject to security breaches, hacking or other malicious attacks that could result in the loss of your digital assets.
  • High-Risk and Complex Nature. Digital assets are generally considered a high-risk asset class and may be considered securities under certain jurisdictions. The nature of digital assets may be very complex, and their terms, features or risks may not be readily or fully understood due to the complex structure, novelty, and reliance on technological features.
  • Timing.  Transactions you engage in on the blockchain may occur at a time different than what you intended, and therefore cause you losses you did not expect, or to incur gas fees that may change based on the time the transaction occurs.
  • No backing. Digital assets are not considered legal tender. Not all digital assets are backed by physical assets or supported by government or centralized authority.. Digital assets may not be subject to the national or international laws that protect consumers’ deposits or investments or other similar protections offered by governmental bodies.
  • Government or Regulatory Authority Interference. You may suffer losses as a result of value depreciation of a digital asset you paid as a result of controls imposed by a government or regulatory authority. Transactions using the Gemini Wallet of any amounts may be delayed or even prevented by controls or other actions imposed by government or regulatory authorities over digital assets and/or their ecosystem that these authorities control or regulate.
  • Inflation Risks. Digital assets may, either because of their inherent design or through network events, not be a fixed supply. If and when additional digital assets are created, the particular digital asset’s price may decline due to inflationary effects of adding additional digital assets to the total available amount of assets in the market. 
  • Whales and Concentration Risk. At any point in time, one or more persons may directly or indirectly control significant portions of the total supply of any particular digital asset. These persons are often referred to colloquially as “whales.” These whales may have a significant impact and may be able to influence or cause significant market events that may have a detrimental effect on price, value or functionality of digital assets. 
  • Taxes and Accounting. Some digital assets and transactions may be subject to various tax laws and regulations in an applicable jurisdiction. Please note that the tax treatment and accounting of digital assets (including ancillary benefits) is a relatively new area of law and practice that may be subject to changes and further development. Tax authorities may reach out to us with queries, notices, requests or summons that we may be required to furnish certain information about.  
  • Not a part of Gemini Exchange. This product is not a regulated product and is not associated with the Gemini Exchange, Gemini custodial activity, or any regulated entity.
WE WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES IN CONNECTION WITH YOUR USE OF THE GEMINI WALLET, OR ANY BLOCKCHAIN TECHNOLOGIES AVAILABLE THROUGH OR FROM IT, OR YOUR ENGAGING IN DIGITAL ASSET TRANSACTIONS.  YOU HEREBY ACKNOWLEDGE AND AGREE THAT WE WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR THE RISKS SET FORTH IN THIS SECTION, AND YOU HEREBY HOLD THE INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY LOSSES RELATED TO YOUR USE OF THE GEMINI WALLET, INCLUDING BUT NOT LIMITED TO, IN CONNECTION WITH ANY DELAYS OR ERRORS RELATED TO OUR TECHNOLOGY, THE TRANSACTION OF YOUR DIGITAL ASSETS, OR THE TIMING OF SUCH TRANSACTIONS, AND YOUR USE OF THE GEMINI WALLET, WHICH YOU AGREE YOU USE AT YOUR SOLE RISK.  
You understand that (a) digital assets may be subject to forks or attacks on the security, integrity or operation of the networks; and (b) malicious persons or individuals may target you and attempt to steal any digital assets you may hold or claim any digital asset that you may have purchased. You acknowledge that digital assets rely on various types of blockchain or distributed ledger technology. This technology is an open-source software that is built upon blockchain, which is still considered a novel and experimental technology. There are many risks that arise from this reliance, including but not limited to: existing technical flaws in the technology, malicious targets, consensus-based attacks, changes in the protocol or algorithms, changes in community support, rapid or extreme fluctuations in value of relevant digital assets, the existence or development of competing networks, platforms, and assets, flaws or vulnerabilities in coding languages, disputes between developers, or users, and regulatory action.

5. Third-Party Services

The Gemini Wallet may provide access to third-party services, including dApps and decentralized exchanges. We do not endorse, control, or assume any responsibility for these third-party services. Your use of any third-party service is entirely at your own risk and is subject to the terms and conditions of that third party.
If the Gemini Wallet contains links to other sites or resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you access any such third-party sites or resources, you do so entirely at your own risk and subject to the terms and conditions of use for such third parties.


6. Fees

We do not charge fees for the use of the Gemini Wallet. However, to conduct a transaction on a blockchain network, you may be required to pay a network fee (e.g., “gas” fee). Likewise, you may incur charges from third parties for use of linked services. For example, you may be charged fees for dApps that you may access via the Gemini Wallet. Third party fees are not charged by us and are not paid to us. These fees are set by the network or third party, where relevant, and are your sole responsibility. 
You are entirely responsible for any tax liability which may arise from purchasing or reselling digital assets and any other activities you engage in while using technologies available through the Gemini Wallet or which occur as a result of your activities on such technologies. It is your responsibility to ensure that you have accounted for, reported to the proper governmental authority, and paid all such taxes to the applicable taxing authority. We do not undertake any obligation to report any taxes, nor collect or disburse them on your behalf. You also acknowledge and agree that if we are requested to provide data about your usage of the Gemini Wallet to a tax authority or government agency, we may do so even if we are not compelled to do so.
UNDER NO CIRCUMSTANCES SHALL WE INCUR ANY LIABILITY, OF ANY KIND, IN CONNECTION WITH FEES CHARGED BY THIRD-PARTIES. YOU HEREBY INDEMNIFY AND HOLD THE INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY LOSSES IN CONNECTION WITH FEES RELATED TO THE GEMINI WALLET AND ANY THIRD-PARTY TECHNOLOGIES, OR ARISING IN CONNECTION WITH TAXES YOU MAY OWE.


7. Intellectual Property

All intellectual property rights in the Gemini Wallet, including its software, trademarks, and logos, are owned by us or our licensors. Your use of the Gemini Wallet does not grant you any rights to our intellectual property.


8. Prohibited Uses

You may use the Gemini Wallet only for lawful purposes and in accordance with these Terms. 
You agree not to use the Gemini Wallet: 
  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam”, or any other similar solicitation.
  • To impersonate or attempt to impersonate us, one of our employees, another user, or any other person or entity (including, without limitation, by using email addresses or usernames associated with any of the foregoing); or
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Gemini Wallet, or which, as determined by us, may harm us or users of the Gemini Wallet or expose them or us to liability.
Additionally, you agree not to:
  • Use the Gemini Wallet in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Gemini Wallet, including their ability to engage in real time activities through the Gemini Wallet;
  • Use any process or means to access the Gemini Wallet for any purpose, including monitoring or copying any of the material on the Gemini Wallet other than the purpose for which the Gemini Wallet is intended;
  • Use any device, software, or routine that interferes with the proper working of the Gemini Wallet;
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Gemini Wallet, or any technology connected to it;
  • Copy, mirror or otherwise attempt to replicate or reproduce the Gemini Wallet; or
  • Otherwise attempt to interfere with the proper working of the Gemini Wallet.

9. Disclaimers

THE GEMINI WALLET IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS, STATUTORY, IMPLIED OR OTHERWISE. WE HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS (“GEMINI PARTIES”) BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE GEMINI WALLET, INCLUDING, BUT NOT LIMITED TO: (I) UNAUTHORIZED ACCESS TO YOUR GEMINI WALLET; (II) ANY ERRORS OR OMISSIONS IN THE GEMINI WALLET SOFTWARE; OR (III) YOUR USE OF ANY THIRD-PARTY SERVICES. THE AGGREGATE LIABILITY OF GEMINI PARTIES TO YOU FOR ALL CLAIMS AND DAMAGES RELATED TO THE GEMINI WALLET AND YOUR USE THEREOF SHALL NOT EXCEED ONE HUNDRED US DOLLARS ($100.00).

11. Indemnification

You agree to indemnify and hold Gemini Parties harmless from and against any and all claims, liabilities, damages, claims, judgments, awards, fees, losses and expenses, including reasonable legal fees (collectively, “Losses”), arising out of or in any way connected with your use of the Gemini Wallet or your violation of these Terms or applicable law, including Losses arising in connection with (a) any deactivation, blocking, access to or lack of access to the Gemini Wallet; (b) the use of Gemini Wallet by unauthorized parties; (c) your digital asset transactions, including failure or malfunction in the unwrapping or redemption of digital assets resulting from errors, interruptions or defects in the underlying technology or protocol; and (d) fees related to the Gemini Wallet and any third-party technologies, or arising in connection with taxes you may owe.

12. Governing Law and Dispute Resolution

All matters relating to these Terms or the Gemini Wallet, and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).  All such disputes, claims and controversies arising hereunder, including but not limited to breach, termination, enforcement, interpretation, or validity thereof (and including the determination of the scope or applicability of this arbitration provision) shall be resolved by final and binding arbitration administered by NAM in accordance with its National Arbitration & Mediation's Comprehensive Dispute Resolution Rules and Procedures (the “Rules”) then in effect. The arbitration shall be conducted in Dallas, Texas, before a single arbitrator selected in accordance with the Rules. Judgment on the award may be entered in any court having jurisdiction. Each party shall bear its own costs and attorneys’ fees, and the parties shall share equally the arbitrator’s fees and NAM administrative fees, unless the arbitrator determines otherwise.

THE PARTIES AGREE TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS, AND THAT THESE TERMS DO NOT PERMIT CLASS ARBITRATION OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE GEMINI WALLET MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

13. Feedback

Any suggestions, comments, ideas, improvements, or other information or materials you provide to Gemini concerning the Gemini Wallet (collectively, “Feedback”) are voluntarily submitted. You acknowledge that any Feedback you provide will not be considered confidential information. By submitting Feedback, you grant us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, create derivative works of, distribute, and otherwise exploit such Feedback for any purpose, without restriction or compensation to you. You hereby waive any and all rights you may have in the Feedback. 

14. Privacy Policy.  

Please refer to our for information on how Gemini may collect, use or disclose information from you. 

15. General Provisions

  • Entire Agreement. These Terms constitute the entire agreement between you and us regarding the Gemini Wallet.
  • Amendment. We may modify these Terms at any time. Your continued use of the Gemini Wallet after any changes constitutes your acceptance of the new Terms.
  • Termination. We may suspend or terminate your access to the Gemini Wallet at our discretion, with or without notice, at any time in our sole discretion.
  • Assignment. You may not assign these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.
  • Waiver.  No waiver by us of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. 
Severability. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

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