WDK Portal Terms of Use

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WDK BY TETHER DEVELOPER PORTAL. THESE TERMS FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND TETHER (AS DEFINED BELOW). BY REGISTERING FOR AN ACCOUNT OR OTHERWISE ACCESSING OR USING THE PORTAL, YOU CONFIRM THAT YOU ACCEPT THESE TERMS AND AGREE TO COMPLY WITH THEM. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MUST IMMEDIATELY CEASE ACCESSING OR USING THE PORTAL. IF YOU ARE ACCESSING OR USING THE PORTAL ON BEHALF OF ANOTHER PERSON OR LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH PERSON OR ENTITY TO THESE TERMS AND THAT SUCH PERSON OR ENTITY WOULD BE PERMITTED UNDER APPLICABLE LAW TO USE THE PORTAL ON THEIR OWN. TETHER IS ACTING AS A TECHNOLOGY PROVIDER ONLY. TETHER DOES NOT PROVIDE ANY CUSTODIAL SERVICES, INVESTMENT ADVICE, FINANCIAL SERVICES, OR ANY GUARANTEE OR ENDORSEMENT OF ANY DIGITAL ASSET, APPLICATION, OR WALLET CONFIGURATION GENERATED THROUGH THE PORTAL.

1. Who We Are and How to Contact Us

The Portal is made available by Tether Operations, S.A. de C.V., an El Salvador sociedad anónima de capital variable with an address at Colonia Escalón, 87 Avenida Norte, Calle el Mirador, Edificio Torre Futura, Oficina 06, Nivel 11, San Salvador, El Salvador ("we", "us", "our", and "Tether"). To contact us, please email [email protected].

2. Definitions

Headings

The headings and sub-headings in these Terms are for ease of reference only and are not to be taken into account in the construction or interpretation of any provision or provisions to which they refer.

Extended Meanings

Unless otherwise specified in these Terms, words importing the singular include the plural and vice versa, and words importing gender include all genders. The words "include", "includes", or "including" will be interpreted on an inclusive basis and be deemed to be followed by the words "without limitation".

Defined Terms

The following terms shall have the following meanings:

"Account" means the user account you create on the Portal to access the Tools described herein, including your name, email address, and any credentials used for authentication.
"Actions" means any actions, suits, arbitrations, investigations or administrative or other proceedings of or before any arbitrator or Government.
"Affiliate" means, in relation to a Person, a direct or indirect subsidiary of that Person, a holding company of that Person, and any other subsidiary of that holding company.
"Analytics" has the meaning given in clause 5.5.
"AML" means anti-money laundering and anti-corruption, including all applicable Laws prohibiting corruption, money laundering or any acts or attempted acts to conceal or disguise the identity or origin of, change the form of, or move, transfer, or transport illicit proceeds, property, funds, or Digital Tokens, including promotion of any unlawful activity such as fraud, tax evasion, embezzlement, insider trading, financial crime, corruption or bribery of Government Officials, kickbacks, inducements, and other related forms of commercial corruption or bribery, cyber theft or hack, narcotics trafficking, weapons proliferation, terrorism, or Economic Sanctions violations.
"API Key" has the meaning given to it in the Indexer Terms.
"Application" means any software application, product, or service developed by you that incorporates a Wallet Configuration generated using the Build Wizard or which otherwise makes use of the Tools.
"Associate" or "Associates" means, collectively, Tether, any Affiliate of Tether, and each of their respective shareholders, members, officers, directors, contractors, employees, attorneys, and agents.
"Build Wizard" has the meaning given in clause 5.2.
"CTF" means counter-terrorist financing.
"Digital Tokens" means a digital representation of value that functions as: (i) a medium of exchange; (ii) a unit of account; (iii) a store of value; and/or (iv) other similar digital representations of rights or assets, typically including blockchain-based assets or rights, including sovereign cryptocurrency or virtual currency such as bitcoin and ether.
"Economic Sanctions" means applicable financial sanctions, trade embargoes, export or import controls, anti-boycott, and restrictive trade measures enacted, administered, enforced, or penalised by any Laws.
"Feedback" has the meaning given in clause 9.3.
"Firebase Authentication" means the authentication management service provided by Google LLC used in connection with Account creation and management on the Portal, as further described in clause 3.2.
"Government" means any national, federal, state, municipal, local, or foreign branch of government, including any department, agency, subdivision, bureau, commission, court, tribunal, arbitral body, or other governmental, government-appointed, or quasi-governmental authority or component exercising executive, legislative, juridical, regulatory, or administrative powers, authority, or functions of or pertaining to a government instrumentality, including any parastatal company, or state-owned (majority or greater) or controlled business enterprise.
"Government Official" means an officer or employee of any Government, a director, officer, or employee of any instrumentality of any Government, a candidate for public office, a political party or political party official, an officer or employee of a public international organisation, and any Person who is acting in an official capacity for any of the foregoing, even if such Person is acting in that capacity temporarily and without compensation.
"Indexer API" means the Tether Indexer application programming interface, made available under the Indexer Terms.
"Indexer Terms" means the terms and conditions governing your access to and use of the Tether Indexer and Indexer API, as published at Indexer Terms and as may be amended from time to time.
"Laws" means all laws, statutes, orders, regulations, rules, treaties, and/or official obligations or requirements enacted, promulgated, issued, ratified, enforced, or administered by any Government that apply to you, your use of the Portal, or your use of the Tools.
"Losses" means, collectively, any claim, application, loss, injury, penalty, delay, accident, cost, business interruption costs, or any other expenses (including attorneys' fees or the costs of any claim or suit), including any incidental, direct, indirect, general, special, punitive, exemplary, or consequential damages, loss of goodwill or business profits, work stoppage, data loss, computer failure or malfunction, or any and all other commercial losses.
"Person" includes an individual, association, partnership, corporation, other corporate body, trust, estate, and any form of organisation, group, or entity (whether or not having separate legal personality).
"Portal" means the WDK by Tether developer portal, accessible through the Site.
"Privacy Statement" means Tether’s privacy statement available at https://tether.io/privacy/, as may be amended from time to time.
"Prohibited Use" has the meaning given in clause 7.
"Project" has the meaning given in clause 5.3.
"Sanctioned Person" means any Person or Digital Tokens address that is: (i) specifically listed in any Sanctions List; (ii) directly or indirectly owned 50 percent or more by any Person or group of Persons referred to in any Sanctions List; or (iii) subject to any requirement of Government approval or otherwise sanctioned, restricted, or penalised under applicable Economic Sanctions, AML, or CTF Laws.
"Sanctions List" means the "Specially Designated Nationals and Blocked Persons" list and the Non-SDN list published by the U.S. Office of Foreign Assets Control; the Section 311 Special Measures published by the Financial Crimes Enforcement Network of the U.S. Department of the Treasury; and any other foreign terrorist organisation or sanctioned, restricted, or debarred party list published by the Financial Investigation Agency of the British Virgin Islands, or under Economic Sanctions, AML, or CTF Laws of the Governments of the United States, El Salvador, the British Virgin Islands, the United Nations, or any other applicable jurisdiction, in each case as amended, supplemented, or substituted from time to time.
"Site" means all webpages at https://wdk.tether.io/ or such other or replacement URL as Tether may communicate from time to time.
"Terms" means these terms of use, as may be updated from time to time.
"Tether Indexer" means the service provided by Tether that enables users to communicate with supported blockchains, including broadcasting transactions and collecting on-chain information, as further described in clause 5.1.
"Tools" means the features and services made available to you through the Portal, including the Tether Indexer, the Indexer API, the applicable repository documentation, the Build Wizard, the Project Tracker, the Webhooks functionality, and the Analytics functionality, in each case as described in these Terms and as may be added to, modified, suspended, or withdrawn by Tether at any time without notice.
"Wallet Configuration" means a configuration of the WDK by Tether open-source code generated by the Build Wizard for use in your Application, as further described in clause 5.2.
"WDK by Tether" means the open-source Wallet Development Kit developed and maintained by Tether, the source code for which is made available under open-source licences as indicated in the applicable repository documentation.
"Webhooks" has the meaning given in clause 5.4.

3. Account Registration

Account Creation

In order to access and use the Tools, you must register for an Account on the Portal in accordance with the authentication process described in clause 3.2. By registering for an Account, you agree to be bound by these Terms, including the representations and warranties set out in clause 12.

Authentication

Account creation and authentication on the Portal is managed using Firebase Authentication, a service provided by Google LLC, which serves as the underlying authentication infrastructure for all Account registration and login on the Portal. When registering for an Account, you may choose to authenticate using an email address and password, or you may elect to use an alternative sign-in provider (such as Google or GitHub). Where you elect to use an alternative sign-in provider, your authentication information will be processed both by Firebase Authentication and by the relevant sign-in provider in accordance with that provider's own terms of service and privacy policy. Tether does not control and is not responsible for the practices of Firebase Authentication or any sign-in provider. You are responsible for reviewing and complying with the applicable terms and policies of any sign-in method you use. Tether reserves the right to implement further requirements on the creation, verification and authentication of Accounts in the future, including where required by applicable Laws, and to suspend or terminate access to the Portal in the event that you are unable to meet such requirements or decline to provide requested information.

Account Security

You are solely responsible for maintaining the confidentiality and security of your Account credentials, including any passwords and any API Keys associated with your Account. You must notify us immediately at [email protected] if you suspect any unauthorised access to or use of your Account. Tether shall not be liable for any Losses arising from your failure to maintain the security of your Account credentials.

Accuracy of Information

You agree to keep your Account information accurate and up to date at all times. Tether reserves the right to suspend or terminate your Account if any information provided by you is found to be inaccurate, misleading, or incomplete.

IP-Based Access Controls

Tether may implement IP address-based access controls on the Portal, including blocking access from IP addresses associated with Economic Sanctions. Access to certain Tools, including the Tether Indexer, may be restricted based on your IP address or geographic location. You must not use a virtual private network, proxy service, or any other method to disguise your IP address or location in order to circumvent such access controls.

4. Amendments to These Terms

We may amend, change, or update these Terms at any time. We will notify you of material changes by posting the revised Terms on the Site and updating the "Last updated" date at the top of these Terms. Your continued access to or use of the Portal after the effective date of any such amendment constitutes your acceptance of the Terms as amended. You should check the Site regularly to confirm your understanding of the current Terms.

5. The Tools

Tether Indexer

The Tether Indexer is a service provided by Tether that allows you to communicate with supported blockchains, including broadcasting transactions and collecting on-chain information. Your access to and use of the Tether Indexer and the Indexer API is subject to the Indexer Terms. The Indexer Terms are supplemental to and form part of these Terms. In the event of any conflict between these Terms and the Indexer Terms, the Indexer Terms shall prevail in respect of the Tether Indexer and the Indexer API.

Build Wizard

The Portal provides a "Build Wizard" tool that allows you to generate Wallet Configurations based on the WDK by Tether open-source code (the "Build Wizard"). You acknowledge and agree that:

you are solely responsible for your use of any Wallet Configuration generated by the Build Wizard and that any use of a Wallet Configuration will be entirely at your own risk;
you must ensure that any use of any Wallet Configuration generated by the Build Wizard complies with all applicable Laws, including ensuring that your Application complies with all applicable Laws;
the WDK by Tether open-source code underlying the Build Wizard is made available under open-source licences as indicated in the applicable repository documentation, your use of such code is subject to those licences, and nothing in these Terms limits or supersedes the rights granted to you under those open-source licences in respect of the open-source code itself; and
Tether does not make any representations or warranties or guarantee in any way that any Wallet Configuration generated by the Build Wizard in any manner, including that it will be fit for any particular purpose or will function without errors.

Project Tracker

The Portal provides a project management environment (the "Project Tracker") in which you may organise your Wallet Configurations, API Keys, and related materials into one or more discrete workspaces (each, a "Project"). You may create any number of Projects on the Portal and may invite other registered Account holders to collaborate on your Projects. You acknowledge and agree that:

you may edit code within a Project on the Portal but you may not run or execute code within the Portal;
you are responsible and liable for all acts and omissions of any collaborators you invite, including any breach of these Terms by any such collaborator; and
Tether does not guarantee the availability, persistence, or security of data stored in any Project; you are solely responsible for maintaining your own copies of any Wallet Configurations and related materials.

Webhooks

The Portal provides webhook configuration tools that allow you to receive automated notifications when transactions occur involving wallets you have built using the Build Wizard ("Webhooks"). You acknowledge and agree that:

Webhooks operate as a direct connection between your Application and your own infrastructure; they do not route notifications through the Portal or any Tether-operated servers or infrastructure;
Tether is not responsible for the delivery, accuracy, or timeliness of any Webhook notification; and
you are solely responsible for the security and integrity of your own infrastructure and endpoints to which Webhooks are directed.

Analytics

The Portal makes usage analytics available to you in connection with your use of API Keys to interact with the Tether Indexer ("Analytics"). You acknowledge and agree that:

Analytics are only available to you if you use API Keys to interact with the Tether Indexer;
Analytics are generated from data collected in connection with your use of API Keys to interact with the Tether Indexer and currently reflect metrics including transaction amounts and volumes;
Analytics are made available to assist you in understanding usage patterns in connection with the Applications you build; they do not constitute advice of any kind; and
Tether does not warrant the accuracy or completeness of any Analytics data.

6. Licence and Access Terms

Limited Licence

Subject to your compliance with these Terms, Tether grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the Portal and the Tools solely for your own internal development purposes in connection with your Application, and in accordance with these Terms and any applicable documentation made available on the Site.

No Fees

Access to the Portal is currently provided on a fee-free basis. Tether reserves the right to introduce fees for access to the Portal or any of the Tools at any time on reasonable notice to you.

7. Use Restrictions and Prohibited Use

You must access and use the Portal and Tools only in compliance with these Terms and all applicable Laws. You must not, directly or indirectly:

use the Portal or any of the Tools for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any Person, or that violates any applicable Law;
sublicense, sell, resell, transfer, assign, or otherwise make available the Tools or any part thereof to any third party;
use the Portal or any of the Tools to disguise the origin or nature of illicit proceeds, or to transact or deal in any contraband Digital Tokens, funds, property, or proceeds;
remove, alter, or obscure any proprietary rights notices (including copyright and trademark notices) appearing on or within the Portal or any of the Tools;
use the Portal or any of the Tools in a manner that interferes with or subverts the rights or obligations of Tether or any other user, or that causes or is likely to cause legal liability for Tether or any other user;
use the Portal or any of the Tools to violate applicable Economic Sanctions, AML Laws or CTF Laws, or to facilitate any transaction to or from a Sanctioned Person;
use the Portal or any of the Tools to engage in any conduct that is detrimental to or that causes or threatens harm to Tether, any Associate, any other user, or any third party;
use any virtual private network, proxy service, or other method to disguise your IP address or geographic location in order to circumvent IP-based access controls on the Portal;
attempt to gain unauthorised access to the Portal, any Tools, or any associated systems, networks, or data, or to disrupt or interfere with the integrity or performance of the Portal or any Tools;
attempt to reverse engineer, disassemble, decompile, decode, or adapt any aspect of the Portal or Tools that is not made available as open-source software;
falsify or materially omit any information provided to Tether in connection with your Account registration or your use of the Portal;
reproduce, copy, or otherwise exploit the Portal interface, design, or any proprietary materials made available through the Portal, other than as expressly permitted under these Terms;
run or execute any code generated on the Portal within the Portal itself;
take advantage of any technical glitch, malfunction, failure, delay, or security breach on the Portal; or
violate, promote, cause a violation of, or conspire or attempt to violate these Terms or any applicable Laws. Any actual or suspected use described in this clause 7 shall constitute a "Prohibited Use". If Tether determines or suspects that you have engaged in any Prohibited Use, Tether may, in its sole and absolute discretion, take such action as it deems appropriate, including making a report to any Government, law enforcement, or other authority without providing notice to you, revoking your API Keys, and suspending or terminating your Account and access to the Portal. FOR THE AVOIDANCE OF DOUBT, EVERY SANCTIONED PERSON IS STRICTLY PROHIBITED FROM DIRECTLY OR INDIRECTLY ACCESSING OR USING THE PORTAL OR ANY OF THE TOOLS IN ANY WAY.

8. Account Suspension and Termination

Suspension

Tether may permanently or temporarily suspend your Account and access to any portion or all of the Portal and / or Tools for any reason and without notice, including if: (i) Tether reasonably determines that there is a threat to or attack on the Portal or any of the Tools; (ii) your use of the Portal or Tools poses a security risk to Tether or any other user; (iii) you are using the Portal or Tools for fraudulent or illegal activities; (iv) your use constitutes a Prohibited Use; or (v) Tether's provision of the Tools to you is or becomes prohibited by applicable Laws.

Service Suspension

Without limitation of clause 8.1, Tether reserves the right to suspend access to all or any part of the Portal and / or the Tools at any time and for any reason, including scheduled or unscheduled maintenance, or where a third-party vendor or service provider has suspended or terminated Tether's access to services required to operate the Portal or the applicable Tools. Tether will use commercially reasonable efforts to provide advance notice of any planned maintenance. Tether shall have no liability for any Losses arising from any such suspension.

Termination by You

You may close your Account at any time by following the process set out on the Portal. Termination of your Account will not affect any rights or obligations that accrued prior to the date of termination.

Termination by Tether

Tether may terminate your Account and access to the Portal at any time and for any reason, including for any breach of these Terms.

Effect of Termination

Upon termination of your Account: (i) your licence to use the Portal and Tools will immediately cease; (ii) you must cease accessing the Portal; and (iii) any data stored in your Projects may be permanently deleted. Tether has no obligation to retain any data associated with your Account following termination. You are solely responsible for maintaining your own copies of any Wallet Configurations and other materials generated through the Portal.

Survival

The following clauses shall survive termination or expiry of these Terms: clause 2 (Definitions), clause 8.5 (Effect of Termination), this clause 8.6 (Survival), clause 9 (Intellectual Property and Feedback), clause 10 (User Data and Aggregated Statistics), clause 13 (No Warranties; Disclaimer), clause 14 (Limitation of Liability and Indemnification), and clause 15 (Miscellaneous).

9. Intellectual Property and Feedback

Tether's Intellectual Property

Tether and its licensors own all right, title, and interest, including all intellectual property rights, in and to the Portal, the Portal interface, the Tether Indexer, the Analytics data, and all proprietary materials made available through or in connection with the Portal ("Tether IP"). Tether IP includes, without limitation, all trademarks, service marks, trade names, logos, text, code, images, graphics, and other protected works appearing on the Site, trade secrets, proprietary know-how, and all aggregated or anonymised data derived from users' access to or use of the Portal.

Reservation of Rights

All rights not expressly granted to you under these Terms or under any applicable open-source licence are reserved by Tether. Nothing in these Terms grants, by implication, waiver, estoppel, or otherwise, any intellectual property rights or other rights in or to Tether IP beyond the limited licence set out in clause 6. Certain elements of the Tether IP, including WDK by Tether are made available on open source license terms.

Feedback

If you send or transmit any communications or materials to Tether suggesting or recommending changes to the Portal or any of the Tools, including new features or functionality, or any comments, questions, or suggestions (collectively, "Feedback"), Tether is free to use such Feedback irrespective of any other obligation or limitation between the parties. You hereby assign to Tether all right, title, and interest in and to any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, and Tether may use such Feedback for any purpose without attribution or compensation to you.

10. User Data and Aggregated Statistics

Your Data

Wallet Configurations generated by the Build Wizard Portal are Tether IP and are made available subject to the applicable open source license terms applicable to WDK by Tether, however you retain all right, title, and interest in and to any data, code, or content that you upload or input into the Portal, including any Project content. You grant Tether a non-exclusive, royalty-free, worldwide licence to use, reproduce, store, and display such data, code, or content to the extent necessary to provide the Portal and the Tools to you.

Aggregated Statistics

Notwithstanding the foregoing, Tether may monitor your use of the Portal and the Tools and may collect and compile aggregated and anonymised data derived from your use of the Portal ("Aggregated Statistics"). Tether owns all right, title, and interest in and to all Aggregated Statistics. Tether may use Aggregated Statistics for any purpose, including improving the Portal and the Tools and for publication, provided that such Aggregated Statistics do not identify you or your confidential information.

Privacy

Your use of the Portal is subject to the Privacy Statement. By accessing and using the Portal, you acknowledge that your personal information shall be collected, used, and processed in accordance with the Privacy Statement. You acknowledge that Tether may be required to share your information with Governments, law enforcement agencies, or other authorities as required by applicable Laws or in accordance with any lawful request, as further described in the Privacy Statement.

11. Communications and Notices

Tether may send you messages, communications relating to your Account, the Portal, the Tools, or these Terms by email to the address associated with your Account, or by posting notices on the Portal. You agree to receiving such communications electronically. You may opt out of non-essential communications in accordance with the Privacy Statement. Notices sent by email shall be deemed received on the date on which the email is sent to your registered email address. Notices posted on the Portal shall be deemed received on the date on which they are published.

12. Representations and Warranties by You

You represent and warrant to Tether on the date of your acceptance of these Terms and on each day on which you access or use the Portal, with reference to the facts and circumstances then existing, as follows:

you are at least eighteen (18) years of age (or the age of majority in your jurisdiction, if higher) and have full legal capacity to enter into these Terms;
if you are accessing the Portal on behalf of a legal entity, such entity is duly organised and validly existing under applicable Laws, and you are duly authorised to act on its behalf;
you are not a Sanctioned Person and you will not use the Portal or any of the Tools directly or indirectly for the benefit of any Sanctioned Person;
your use of the Portal and the Tools does not and will not violate any applicable Laws, including Economic Sanctions, AML Laws and CTF Laws;
you are not the subject of any sanctions, restrictions, or enforcement action under any applicable Laws;
all information provided by you in connection with your Account and your use of the Portal is and will remain accurate, complete, and not misleading;
you will promptly notify Tether if any of the foregoing representations or warranties ceases to be true or accurate; and
you will use commercially reasonable security measures to protect your Account and any Applications you build using the Tools.

13. No Warranties; Disclaimer

THE PORTAL, THE TOOLS, AND ALL TETHER IP ARE PROVIDED "AS IS" AND ON AN "AS-AVAILABLE" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TETHER EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. TETHER MAKES NO WARRANTY OF ANY KIND THAT THE PORTAL, ANY OF THE TOOLS, OR ANY RESULT OF YOUR USE THEREOF, WILL MEET YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER PRODUCTS OR SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. TETHER MAKES NO WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF ANY ANALYTICS DATA, ON-CHAIN DATA RETRIEVED THROUGH THE TETHER INDEXER, OR ANY OTHER INFORMATION PROVIDED THROUGH THE PORTAL. YOU ARE ADVISED TO SAFEGUARD IMPORTANT DATA AND CODE AND NOT TO RELY SOLELY ON THE PORTAL FOR THE STORAGE OF ANY WALLET CONFIGURATIONS OR PROJECT MATERIALS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU IN FULL.
You are solely responsible for ensuring that your access to and use of the Portal and the Tools, and the development, deployment, and operation of any Application, comply with all applicable Laws, including all applicable Economic Sanctions, AML, or CTF Laws. Tether assumes no responsibility for, and makes no representation as to, the compliance of your Application or its end users with any applicable Laws, and undertakes no obligation to screen, monitor, or assess any wallet address, transaction, or end user in connection with your Application.
You shall, promptly upon request by Tether, provide such information, documentation, and assistance as Tether may reasonably require from time to time for the purposes of:
verifying your identity and the identity of any person acting on your behalf;
assessing your compliance with these Terms; or
satisfying Tether's obligations under applicable Laws, including any Economic Sanctions, AML, or CTF Laws.
Tether may retain any information or documentation provided pursuant to clause 13.3 for such period as may be required by applicable Laws or as Tether considers reasonably necessary for its compliance purposes. If you fail to provide information requested under clause 13.3 within a reasonable time, Tether reserves the right to suspend or terminate your Account in accordance with clause 8.

14. Limitation of Liability and Indemnification

Exclusion of Liability

To the maximum extent permitted by applicable Law, neither Tether nor any other Associate assumes any liability or responsibility for any Losses directly or indirectly arising out of or related to:

any breach by you of these Terms;
your use of, or inability to use, the Portal or any of the Tools;
any Wallet Configuration generated by the Build Wizard and your use of such Wallet Configuration in your Application;
any failure, delay, malfunction, interruption, or decision by Tether in operating the Portal or providing any of the Tools;
any act or omission of a collaborator you have invited to a Project;
any failure by you to maintain appropriate backups of your Wallet Configurations or Project materials;
any Webhook notification that is not delivered, is delayed, or is inaccurate;
any information or materials available through the Portal, whether originating from Tether or any other Person;
any inaccuracy or incompleteness of Analytics data;
any blockchain on which you choose to deploy a wallet built using the Tools, including any failure, delay, malfunction, or fork of such blockchain (whether utilising the Tether Indexer or otherwise);
any failure, delay, malfunction, or interruption of any relevant third-party sign-in provider or any other third-party service used in connection with the Portal;
any criminal or other third-party acts affecting Tether or any Associate; or
your failure to comply with applicable Laws in connection with your use of the Portal or the Tools or your Application.

Release; Indemnity

YOU HEREBY AGREE TO RELEASE TETHER AND EACH OF THE ASSOCIATES FROM LIABILITY FOR ANY AND ALL LOSSES, AND YOU SHALL INDEMNIFY AND SAVE AND HOLD TETHER AND EACH ASSOCIATE HARMLESS FROM AND AGAINST ALL LOSSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE FOREGOING LIMITATIONS OF LIABILITY, RELEASES, AND INDEMNITIES SHALL APPLY WHETHER THE ALLEGED LIABILITY OR LOSSES ARE BASED ON CONTRACT, NEGLIGENCE, TORT, UNJUST ENRICHMENT, STRICT LIABILITY, VIOLATION OF LAW OR REGULATION, OR ANY OTHER BASIS, EVEN IF TETHER OR ANY ASSOCIATE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES, AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF ANY OTHER REMEDIES. Each Associate shall be entitled to enforce the foregoing provisions as if in direct privity under these Terms. Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations of liability may not apply to you in full.

Specific Indemnity

Without limiting the generality of clause 14.2, you agree to indemnify and hold harmless Tether and each Associate from and against any and all Actions, Losses, or related judgments of any kind or nature which may be imposed on, incurred by, or asserted against Tether or any Associate in any manner relating to or arising out of:

your Application, including any end user's use thereof;
any Wallet Configuration generated by the Build Wizard and incorporated into your Application;
your breach of any applicable Laws, including Economic Sanctions, AML or CTF Laws;
your breach of your representations, warranties, or obligations under these Terms; or
your use of the Portal or any of the Tools contrary to these Terms or any applicable documentation. Notwithstanding the foregoing, you shall not have any indemnification obligation under this clause to Tether or any Associate to the extent caused by or resulting from the fraud, wilful misconduct, or gross negligence of Tether or such Associate.

15. Miscellaneous

Entire Agreement

These Terms, together with the Indexer Terms and any other documents incorporated herein by reference, constitute the sole and entire agreement between you and Tether with respect to your use of the Portal and the Tools, and supersede all prior and contemporaneous understandings, agreements, and representations with respect to such subject matter.

Governing Law

These Terms shall be governed by and construed and enforced in accordance with the laws of the British Virgin Islands and shall be interpreted in all respects as a British Virgin Islands contract. Any dispute, controversy, claim, or action arising from or related to your access to or use of the Portal or these Terms shall be governed by the laws of the British Virgin Islands, exclusive of choice-of-law principles.

Dispute Resolution

PLEASE REVIEW THIS CLAUSE CAREFULLY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IT WILL REQUIRE ALL PERSONS TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION AND TO WAIVE ANY RIGHT TO PROCEED AS A REPRESENTATIVE OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING. THIS CLAUSE ALSO DELEGATES DECISIONS REGARDING THE INTERPRETATION AND APPLICATION OF THIS ARBITRATION PROVISION TO AN ARBITRATOR AND NOT TO A COURT OR A JUDGE. BY ACCESSING OR USING THE PORTAL, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS ARBITRATION PROVISION AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION. Some jurisdictions do not allow mandatory arbitration, prohibitions against class actions, or governing law and forums other than where the individual consumer is located. If you are resident in one of these jurisdictions, this clause 15.3 may not apply to you and you may have additional rights. Except for the excluded claims described below, you and we each agree that 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 Portal and any related content or services provided by Tether at any time, will be subject to and finally resolved by confidential, binding arbitration on an individual basis and not in a class, representative, or consolidated action or proceeding. If you are subject to the laws of the United States of America, the interpretation and enforceability of this arbitration provision will be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. Arbitration will be conducted through the use of videoconferencing technology (unless both parties agree that an in-person hearing is appropriate given the nature of the dispute) before a single arbitrator in accordance with the International Institute for Conflict Prevention and Resolution International Non-Administered Arbitration Rules, as amended from time to time (the "CPR Rules"). The sole arbitrator selected by the parties must be a licensed attorney in England and Wales or the British Virgin Islands with at least fifteen (15) years of experience in commercial disputes. If the parties do not jointly appoint the arbitrator within thirty (30) days of the commencement of the arbitration, any vacancies will be filled by an arbitrator meeting the above qualifications selected by the International Institute for Conflict Prevention and Resolution. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. If the parties do not promptly agree to the seat of arbitration where an in-person hearing is selected, the seat will be London, United Kingdom. The language of the arbitral proceedings will be English. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys' fees when authorised by law, and the arbitral decision may be enforced in court. For claims less than US$15,000, we will reimburse you for all initiating filing fees. Should you be deemed the losing party, the filing fees reimbursed by us will be added to the final arbitrator's costs and fees award. The prevailing party will be entitled to its costs of the arbitration (including the arbitrator's fees) and its reasonable attorneys' fees and costs. The following claims and causes of action will be excluded from arbitration as described above: causes of action or claims in which either party seeks injunctive or other equitable relief for the alleged unlawful use of its intellectual property, including without limitation copyrights, trademarks, trade names, trade secrets, or patents, or its confidential information or private data. Nothing in this clause 15.3 will prevent us from seeking any other form of injunctive relief in any court of competent jurisdiction, whether or not interim relief has also been sought from the arbitrator. The arbitrator will have the power to hear and determine challenges to its jurisdiction, including any objections with respect to the existence, scope, or validity of the arbitration agreement. This authority extends to jurisdictional challenges with respect to both the subject matter of the dispute and the parties to the arbitration. For the purposes of challenges to the arbitrator's jurisdiction, each clause within this clause 15.3 will be considered separable from any contract of which it forms a part. Any challenges to the jurisdiction of the arbitrator, except challenges based on the award itself, will be made not later than the notice of defence or, with respect to a counterclaim, the reply to the counterclaim; provided, however, that if a claim or counterclaim is later added or amended, such a challenge may be made not later than the response to such claim or counterclaim as provided under the CPR Rules. You, we, and any other arbitration parties will maintain the confidential nature of the arbitration proceeding and any award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision. If this agreement to arbitrate is found to be invalid, unenforceable, or incapable of being performed with respect to any dispute, claim, or controversy, or if a court of competent jurisdiction determines that the parties may not be compelled to arbitrate such dispute, then, to the fullest extent permitted by applicable law, you and we irrevocably submit to the exclusive jurisdiction of the courts of the British Virgin Islands to resolve that dispute, claim, or controversy, and waive any objection based on improper venue or forum non conveniens.

Class Action Waiver

You and we expressly intend and agree that: (a) class action and representative action procedures are hereby waived and will not be asserted, nor will they apply, in any arbitration pursuant to these Terms; (b) neither you nor we will assert class action or representative action claims against the other in arbitration or otherwise; (c) each of you and us will only submit our own individual claims in arbitration and will not seek to represent the interests of any other person, or consolidate claims with any other person; (d) nothing in these Terms will be interpreted as your or our intent to arbitrate claims on a class or representative basis; and (e) any relief awarded to any one user of the Portal cannot and may not affect any other user. No adjudicator may consolidate or join more than one person's claims or otherwise preside over any form of a consolidated, representative, or class proceeding.

Jury Trial Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING OF ANY KIND WHATSOEVER ARISING OUT OF OR RELATING TO THESE TERMS OR ANY BREACH THEREOF, ANY USE OR ATTEMPTED USE OF THE PORTAL BY YOU, AND/OR ANY OTHER MATTER INVOLVING YOU AND US.

Force Majeure

Tether is not responsible for damages caused by delay or failure to perform under these Terms when such delay or failure is due to fires; strikes; floods; power outages or failures; acts of God or state enemies; acts of any Government; computer, server, blockchain, or internet malfunctions; internet disruptions, viruses, or cyberattacks; criminal acts; delays or defaults caused by common carriers; acts or omissions of other Persons; or any other delays, defaults, failures, or interruptions that cannot reasonably be foreseen or provided against or that are otherwise outside Tether's control.

Equitable Relief

You acknowledge that any breach or threatened breach of your obligations under these Terms would cause irreparable harm to Tether for which monetary damages would not be an adequate remedy, and that Tether shall be entitled to seek equitable relief, including injunctive relief, without posting a bond or other security or proving actual damages.

Waiver

Any failure by Tether to exercise any of its rights, powers, or remedies under these Terms, or any delay in doing so, does not constitute a waiver of any such right, power, or remedy.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of these Terms, or invalidate or render unenforceable such term or provision in any other jurisdiction.

Assignment

These Terms are not assignable by you without our prior written consent. Tether may assign or transfer these Terms, in whole or in part, to any other Person without prior notice or your consent.

Tether may be required to share your information, including personal information, with Government law enforcement agencies, courts, or other authorities, as required by applicable Laws or in accordance with any lawful request. You acknowledge that such sharing may occur and is further described in the Privacy Statement.

No Partnership or Endorsement

Nothing in these Terms shall be deemed to create a partnership, joint venture, agency relationship, or association between you and Tether. By making the Tools available, neither Tether nor any Associate endorses any Application you build using the Tools or any Digital Tokens or other product associated with your Application.

Trademarks

"Tether", "USDT", "WDK Tether", "WDK by Tether", "Wallet Development Kit by Tether", and associated logos and marks, among other marks and logos, are trademarks of Tether or its Affiliates. Nothing in these Terms or the Indexer Terms grants you any right to use such marks, except as reasonably required to describe your use of the Tools in accordance with these Terms.