Tether Wallet
Terms of Use
Last updated March 31, 2026
PLEASE READ THESE TERMS OF USE ("TERMS") CAREFULLY BEFORE USING THE TETHER SELF-CUSTODIAL WALLET APPLICATION ("TETHER WALLET").
TETHER DATA (AS DEFINED BELOW) IS ACTING AS A TECHNOLOGY PROVIDER ONLY. TETHER DATA AND THE TETHER WALLET DO NOT PROVIDE YOU WITH ANY CUSTODIAL SERVICES FOR YOUR DIGITAL ASSETS OR FUNDS. AT NO TIME DOES TETHER DATA HAVE THE ABILITY TO AUTHORIZE, EXECUTE, INITIATE, OR APPROVE TRANSACTIONS FROM YOUR TETHER WALLET. YOU SHOULD ONLY UTILISE THE TETHER WALLET IF YOU ARE FAMILIAR WITH DIGITAL ASSETS AND THEIR ASSOCIATED RISKS, INCLUDING HOW TO CUSTODY THOSE DIGITAL ASSETS AND ANY PRIVATE KEYS.
PLEASE REVIEW THE ARBITRATION PROVISION SET FORTH BELOW CAREFULLY, AS, 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. THESE TERMS ALSO CONTAIN A CLAUSE THAT DELEGATES DECISIONS REGARDING THE INTERPRETATION AND APPLICATION OF THE ARBITRATION PROVISION TO AN ARBITRATOR AND NOT TO A COURT OR A JUDGE. BY ACCESSING, DOWNLOADING OR USING THE TETHER WALLET, 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.
THESE TERMS FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND TETHER DATA. BY ACCESSING, DOWNLOADING OR USING THE TETHER WALLET, YOU CONFIRM THAT YOU ACCEPT THESE TERMS AND AGREE TO COMPLY WITH THEM. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OR OTHER REFERENCED DOCUMENTATION, YOU MUST CEASE TO ACCESS OR USE THE TETHER WALLET. IF YOU ARE USING THE TETHER WALLET ON BEHALF OF ANOTHER PERSON OR 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 TETHER WALLET ON THEIR OWN.
What's in these Terms?
These Terms tell you the rules for using the Tether Wallet. We recommend storing a copy of these Terms for future reference.
These Terms should be read in conjunction with the privacy statement for the Tether Wallet (the "Privacy Statement"). In the event of any conflict or inconsistency between these Terms and any other pages, policies, terms, conditions, licenses, limitations, or obligations contained referenced in these Terms, or any other agreements between you and us or third parties, these Terms shall prevail as they relate to your use of, or access to, the Tether Wallet.
We amend these Terms from time to time. Every time you wish to use the Tether Wallet, please check these Terms to ensure you understand the terms that apply at that time. When we do this, we will post the revised Terms on this page and indicate the date of such amendments. Your continued use of the Tether Wallet will constitute your agreement to the revised Terms.
- Who we are and how to contact us
- What we do
- System requirements
- Using the Tether Wallet
- Using the Private Key Recovery Service
- Using Tether.me Addresses
- Information on Tether Wallet
- We may make changes to the Tether Wallet, including based on your feedback
- We may suspend or withdraw the Tether Wallet
- We may transfer these Terms to someone else
- Tether Wallet is not for certain users
- Our responsibility for loss or damage suffered by you
- Injunctive relief
- Indemnity
- Application Store Additional License Terms
- General (including mandatory arbitration)
- Our trademarks
1. Who we are and how to contact us
Tether Wallet is made available by Tether Data, S.A. de C.V. ("we", "us", "our", and "Tether Data"), an El Salvador Sociedad Anonima 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. To contact us, please email data-apps@tether.io.
2. What we do
We have developed and released the software application called 'Tether Wallet' that is a non-custodial wallet application. Tether Wallet enables users to store locally on their own devices, Private Keys (as defined below), send and receive tokens, cryptocurrencies and other crypto or blockchain-based digital assets, see the approximate value in certain fiat currencies of their tokens, cryptocurrencies and other crypto or blockchain-based digital assets and view transaction history. Tether Wallet was originally developed by us and is available for use on a fee-free basis, subject to these Terms. You are solely responsible for safeguarding your Private Keys, recovery phrase, device access, and backups. Loss of this information may result in permanent loss of access to your tokens, cryptocurrencies and other crypto or blockchain-based digital assets.
We will not have an accessible copy of your Private Keys. You must ensure that you appropriately safeguard and back-up any information necessary for accessing your Tether Wallet, including Private Keys. Tether Data may maintain an encrypted version of your Private Key but will not possess the ability to decrypt it. Such encrypted Private Key will be stored by Tether Data solely to facilitate the Key Recovery Service described in these Terms. For purposes of these Terms, "Private Key(s)" means the cryptographic credentials, including any recovery phrases or similar authentication information, that are required to access, control, or authorize transactions from the Tether Wallet.
3. System requirements
Use of the Tether Wallet requires one or more compatible devices, internet access (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Tether Wallet involves hardware, software, and internet access, your ability to access and use the Tether Wallet on it may be affected by the performance of these factors. High-speed internet access is recommended. You acknowledge and agree that such system requirements, which may change from time to time, are your responsibility.
4. Using the Tether Wallet
4.1. How you may use the Tether Wallet
We or our licensors own all right, title and interest, including intellectual property rights in and to the Tether Wallet and in the material accessible through it.
We grant you a personal, non-assignable license to use the Tether Wallet for your own use. Tether Data may terminate this license at any time for any reason. If you exceed your authorized use of the Tether Wallet, you may be required to cease using it and, at our option, return or destroy any copies of the materials you have made. In addition, your right to continue accessing Tether Wallet is subject to your continued compliance with these Terms.
You must not sub-license, sell, rent, lend, lease or distribute the Tether Wallet, or otherwise make the Tether Wallet available to any third parties for commercial purposes, including as part of a commercial product or service, without obtaining a licence to do so from us or our licensors.
All rights not otherwise granted under these Terms are reserved.
4.2. How does the Tether Wallet work?
The Tether Wallet allows you to store and access, and communicate with infrastructure that broadcast transactions in, Supported Assets. "Supported Assets" means those tokens, cryptocurrencies and other crypto or blockchain-based digital assets on such blockchains or protocols ("Supported Asset Protocols") set out here from time to time; provided that Tether Data may in its sole discretion terminate support for any Supported Assets or Supported Asset Protocols at any time without notice to you.
You own and control the Supported Assets held in your Tether Wallet. As the owner of Supported Assets in your Tether Wallet, you shall bear all risk of loss of such assets. Tether Data shall have no liability for digital asset fluctuations or loss associated with your use of the Tether Wallet. At any time, subject to outages, downtime, and other applicable policies, you may move your Supported Assets to a different blockchain address. You acknowledge and agree that you assume all risks associated with blockchain technology, including risks arising from smart contracts, protocol failures or changes, network congestion, consensus mechanisms, cryptographic vulnerabilities, viruses and bugs, and other technical or systemic risks inherent to distributed ledger systems. You are responsible for configuring your information technology, computer programmes and platform to access and utilise the Tether Wallet and protect them from viruses.
You may use your Tether Wallet to send Supported Assets to, and request, receive, and store Supported Assets from, third parties, through a Supported Asset Protocol. Your transfer of Supported Assets between your other digital asset wallets and to and from third parties through a Supported Asset Protocol is a "Wallet Asset Transfer."
Blockchain transactions are final and irreversible. Once a Wallet Asset Transfer has been submitted to a blockchain network and confirmed, it cannot be reversed, cancelled, or modified by Tether Data or anyone else. You are solely responsible for properly initiating and submitting the transaction, which includes ensuring that the digital asset being sent is a Supported Asset that conforms to the particular address to which Supported Assets are directed, including any required destination tag/memo. Tether Data incurs no obligation whatsoever with regard to unsupported digital assets sent to an address controlled by Tether Wallet or with regard to Supported Assets sent to an incorrect address, address controlled by an incompatible digital asset wallet, or unsupported network or blockchain or otherwise erroneously transmitted. All such erroneously transmitted digital assets will be lost. We recommend you send a small amount of Supported Assets as a test before sending any significant amount of Supported Assets.
You acknowledge and agree that you may be required to pay network or miner's fees for a Wallet Asset Transfer to be successful. Insufficient network fees may cause a Wallet Asset Transfer to remain in a pending state. Tether Data has no obligation to assist in the remediation of such transactions.
4.3. Use Restrictions
The Tether Wallet is intended solely for proper use of Supported Assets. Under no circumstances should you attempt to use your Tether Wallet to store, send, request, or receive any assets other than Supported Assets. Tether Data assumes no responsibility in connection with any attempt to use your Tether Wallet with assets that it does not support. You acknowledge and agree that Tether Data is not liable for any unsupported asset that is sent to a wallet address associated with your Tether Wallet.
You must access and use the Tether Wallet only in compliance with all applicable laws, regulations and third-party rights and in accordance with these Terms. You represent that you are legally permitted to access and use the Tether Wallet as you intend to use it. You agree to, and will not attempt to circumvent, such limitations. Without limiting the foregoing, you will not use the Tether Wallet (each of the following, "Prohibited Conduct"):
- to disguise the origin or nature of illicit proceeds or to transact or deal in, any contraband assets, funds, property, or proceeds;
- to trade with anything other than funds, keys, property, assets and Supported Assets that have been legally obtained by you and belong to you;
- to evade taxes;
- in a manner that infringes on our or any third party's intellectual property rights;
- to engage in activity that is illegal or fraudulent;
- to copy any features, functions or graphics of the Tether Wallet;
- provide any software, content or code that does or is intended to harm or extract information or data from the Tether Wallet or other hardware or software;
- to use the Tether Wallet in violation of any of our policies or in a manner that violates applicable law, including but not limited to sanctions, anti-money laundering, export control, privacy, and anti-terrorism laws, and you agree that you are solely responsible for compliance with all such laws and regulations;
- to permit the transmission of any digital asset from, to, or for the benefit of any person, entity, or digital asset network address that is listed on a sanctions list or subject to a comprehensive embargo by the governments of the United States, El Salvador or the United Nations, or use the Tether Wallet in or subject to any such jurisdiction; or
- in a manner that otherwise violates, or encourages or promotes the violation of, any applicable law or third party right.
We have no tolerance for Prohibited Conduct or users who abuse the use of the Tether Wallet in contravention of these Terms.
You must ensure that any use by you of the Tether Wallet is not Prohibited Conduct. If we determine or suspect that you have engaged in any Prohibited Conduct, we may address such Prohibited Conduct through an appropriate sanction, in our sole and absolute discretion. Such sanction may include, without limitation, making a report to any government, law enforcement, or other authorities, without providing any notice to you about any such report.
4.4. Your Access to Third-Party Services
You use the Tether Wallet to access certain assets, products and services, including those provided by third parties or decentralized applications, including through default settings, integrations, connections or features made available by Tether Data (collectively, "Third-Party Services"). Your use of Third-Party Services is entirely at your own risk and Tether Data makes no representations, warranties or guarantees about, accepts no liability for and is not able to control, any Third-Party Services, including as to the privacy, security, or other practices relating to any Third-Party Services.
In addition to these Terms, your use of Third-Party Services may be subject to additional terms, conditions and policies required by the providers of such Third-Party Services. Tether Data and its affiliates (x) owe you no duty of care with respect to such Third Party Services and undertake no responsibility, (y) may have certain actual or potential conflicts of interest related to the decision to support or not support a Third-Party Service, and (z) are not responsible for the accuracy or reliability of any information contained in Third-Party Services or its assets, products or services. Further, Tether Data and its affiliates may be counterparties to any transaction through Third-Party Services without your knowledge.
4.5. No Representations and Warranties
We make no representations, warranties, covenants or guarantees to you of any kind and, to the extent permitted by applicable laws, we expressly disclaim all representations, warranties, covenants or guarantees, express, implied or statutory, with respect to the Tether Wallet. Tether Wallet is offered strictly on an as-is, where-is basis and, without limiting the generality of the foregoing, is provided without any representation as to merchantability, merchantable quality, or fitness for any particular purpose or any representation or warranty that Tether Wallet will be operational, error-free, secure, confidential, reliable, or safe, that Tether Wallet will function without disruptions, delays or imperfections or that any Private Keys will not be lost. We do not guarantee the security or functionality of any third-party software or technology. You acknowledge that we are relying upon your representations, warranties, acknowledgements, and agreements as a condition to providing the Tether Wallet, and without your representations, warranties, acknowledgements, and agreements, we would not provide you with the Tether Wallet.
5. Using the Private Key Recovery Service
Tether Data offers an optional Private Key recovery service (the "Key Recovery Service"). Enrolling in the Key Recovery Service is not required to use the Tether Wallet. If you do not enroll in the Key Recovery Service, Tether Data will not store an encrypted copy of your recovery phrase and will not be able to facilitate your recovery of Private Keys.
To enroll, you must register a valid email address that you control and are authorized to associate with your Tether Wallet, and you consent to the collection and use of your email address and an encrypted version of your recovery phrase as described in these Terms and the Privacy Policy.
If you participate, Tether Data will store an encrypted copy of your recovery phrase but will not possess the ability to decrypt or access it or to control any of your assets. Recovery requires access to a Tether Data–controlled interface and completion of verification steps, including entry of a one-time Personal Identification Number ("PIN") sent to your registered email. During setup, users may opt to create an encrypted backup of their wallet data. The encrypted data is stored on Tether servers, while the corresponding encryption key is stored in the user's personal cloud account (e.g., iCloud or Google Drive), ensuring that neither component alone is sufficient to access the wallet. To restore, users log in with their email, and the app retrieves the encrypted wallet data from Tether servers and the encryption key from the user's cloud account, and rebuilds the wallet on the user's device.
You acknowledge that possession of an unencrypted copy of your recovery phrase can provide full control over the Tether Wallet, that unauthorized access to your email or PIN may compromise your assets, and that you remain solely responsible for safeguarding your credentials and bear all risks associated with key recovery. The Key Recovery Service may be modified, suspended, or discontinued at any time at Tether Data's discretion or subject to applicable laws.
6. Tether.me Addresses
The Tether Wallet supports Tether.me addresses ("Tether.me"), which are pseudonymous, human-readable identifiers (e.g., username@Tether.me) that must be registered when setting up your Tether Wallet. Tether.me does not create a custodial relationship, financial account, or stored-value account between you and Tether Data. When you use Tether.me, the Tether Wallet may communicate with a Tether Data–operated server solely to resolve your Tether.me to an associated blockchain address and return that address to your device, where it is stored in your Tether Wallet.
Tether Data does not have the ability to initiate, broadcast, execute, reverse, or control any blockchain transactions. Tether Data may apply technical, security, compliance, or risk-management controls to the resolution process, including limiting, refusing, suspending, or disabling resolution in certain circumstances, but these controls apply only to address resolution and not Tether Wallet assets or transactions.
7. Information on Tether Wallet
Tether Data obtains and provides information about the Supported Asset held at the addresses managed using the Tether Wallet, including the value of certain Supported Assets in fiat currencies, transaction history and balances of Supported Assets. While Tether Data strives to obtain and provide accurate and reliable information on the Tether Wallet, information on the Tether Wallet may not always be complete, correct or up-to-date. Information only speaks as of the date provided, and Tether Data undertakes no obligation to update or revise publicly any information on the Tether Wallet. The Tether Wallet does not form part of, and is not incorporated by reference into, these Terms of Service. In the event of any inconsistency between the Site and these Terms, these Terms shall prevail. No information on Tether Wallet or provided by Tether Data should be construed as legal, financial or any other type of advice.
8. We may make changes to the Tether Wallet, including based on your feedback
We may update and change the Tether Wallet from time to time and without notice to you.
If you provide feedback or suggestions about the Tether Wallet, then we may act on that feedback or those suggestions on an unrestricted basis and without any obligations to you (including any obligation to compensate you or to keep that feedback confidential).
9. We may suspend or withdraw the Tether Wallet
We do not guarantee that the Tether Wallet will always be available or uninterrupted or that Private Keys will not become compromised, corrupted, or lost due to user error, device failure, software issues, or other causes beyond our control. We may suspend, withdraw, or restrict the availability of all or any part of the Tether Wallet for business and operational reasons. We will try to give reasonable notice of any suspension or withdrawal of the Tether Wallet by notice on this page.
10. We may transfer these Terms to someone else
These Terms, and any of the rights, duties, and obligations contained or incorporated herein, are not transferable by you without our prior written consent, and any attempt by you to transfer these Terms without such consent will be void.
We are permitted to transfer (or assign) these Terms and any of the rights, duties, and obligations contained herein, in whole or in part, to another organisation without notice or your consent.
11. Tether Wallet is not for certain users
As a condition of your use of the Tether Wallet, you must be at least the age of majority in your jurisdiction to use the Tether Wallet and you must not be a person or entity that is listed on a sanctions list or subject to a comprehensive embargo by the governments of the United States, El Salvador or the United Nations.
12. Our responsibility for loss or damage suffered by you
We do not exclude or limit our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. In addition, some jurisdictions do not allow us to exclude or limit our liability as described in this paragraph. If you are located in one of these jurisdictions, this paragraph may not apply to you and you may have additional rights.
To the fullest extent permitted by applicable law, we exclude all implied conditions, warranties, representations or other terms that may apply to Tether Wallet or any content on or available through it.
To the fullest extent permitted by applicable law, in no event will our liability to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with these terms or your use of, or inability to use, the Tether Wallet, exceed us$100.
To the fullest extent permitted by applicable law, we will not be liable to you for the following, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable or advised of the possibility thereof:
- Personal injury or death;
- Loss of profits, sales, business, or revenue;
- Business interruption;
- Loss of anticipated savings;
- Loss of business opportunity, goodwill or reputation; or
- Any indirect or consequential loss or damage.
THERE IS NO GUARANTEE AGAINST LOSSES FROM USING THE TETHER WALLET.
13. Injunctive relief
You acknowledge that any use of Tether Wallet contrary to these Terms, or any unpermitted transfer, sublicensing, copying or disclosing of technical information or materials related to the Tether Wallet, may cause irreparable injury to us or our affiliates. Under such circumstances, we or our affiliates will be entitled to equitable relief without posting a bond or other security, including, but not limited to, preliminary and permanent injunctive relief.
14. Indemnity
You agree that you will compensate Tether Data (and our employees, contractors, directors, officers, agents, affiliates and suppliers) in full for any actions, damages, losses, costs and expenses, including reasonable legal fees, which may be imposed on, incurred by, or asserted against, us or our affiliates in any manner relating to or arising out of any breach by you of these Terms, including as a result of engaging in Prohibited Conduct, or any liability we incur because of the use of the Tether Wallet by you.
15. Application Store Additional License Terms
15.1. Apple Application Store License Agreement
If you are accessing or using the Tether Wallet we make available for download from the Apple Inc. (Apple Inc. together with all of its affiliates, "Apple") application store (the "Tether Wallet App for iOS") the terms and conditions set forth in this paragraph 15.1 (the "Apple License Terms") apply to you in respect of your access to or use of the Tether Wallet App for iOS: (i) these Terms are concluded between you and Tether Data, and not with Apple, and Apple is not responsible for the Tether Wallet App for iOS or the content thereof; (ii) notwithstanding anything to the contrary herein, you may use the Tether Wallet App for iOS only on an Apple-branded product that you own or control; (iii) you acknowledge that Apple has no obligation to furnish any maintenance or support services with respect to the Tether Wallet App for iOS; (iv) in the event of any failure of the Tether Wallet App for iOS to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Tether Wallet App for iOS (if any) to you, and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Tether Wallet App for iOS, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be governed by these Terms; (v) any claim in connection with the Tether Wallet App for iOS related to product liability, a failure to conform to applicable legal or regulatory requirements, or claims under consumer protection or similar legislation is governed by these Terms, and Apple is not responsible for any such claim; (vi) any third-party claim that the Tether Wallet App for iOS or your possession and use of the Tether Wallet App for iOS infringes that third party's intellectual property rights will be governed by these Terms, and Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; (vii) you represent and warrant that you are not: (a) located in any country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country; or (b) listed on any U.S. government list of prohibited or restricted parties; (viii) you may contact Tether Data in writing regarding any questions, complaints or claims with respect to the Tether Wallet App for iOS by email to data-apps@tether.io; (ix) you must comply with any applicable third-party terms of agreement when using the Tether Wallet App for iOS; and (x) Apple is a third-party beneficiary to these Apple License Terms and may enforce these Apple License Terms against you.
15.2. Google Play Additional License Terms
If you are accessing or using the Tether Wallet we make available for download from the ‘Google Play’ application store made available by Google LLC (Google LLC together with all of its affiliates, “Google”, such application the “Tether Wallet App for Android”) the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms in respect of your access to or use of the Tether Wallet App for Android: (i) these Terms are concluded between you and Tether Data, and not with Google and Google is not responsible for the Tether Wallet App for Android or the contents thereof; (ii) you acknowledge that Google has no obligation to furnish any maintenance or support services with respect to the Tether Wallet App for Android; (iii) to the maximum extent permitted by applicable law, Google will have no warranty obligation whatsoever with respect to the Tether Wallet App for Android, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be governed by these Terms; (iv) any claim in connection with to the Tether Wallet App for Android related to product liability, a failure to conform to applicable legal or regulatory requirements, or claims under consumer protection or similar legislation is governed by these Terms, and Google is not responsible for any such claim; (v) any third-party claim that the Tether Wallet App for Android or your possession and use of the Tether Wallet App for Android infringes that third party’s intellectual property rights will be governed by these Terms, and Google will not be responsible for the investigation, defense, settlement and discharge of such intellectual property infringement claim; (vi) you must comply with any applicable third-party terms of agreement when using the Tether Wallet App for Android; and (vii) you may contact Tether Data in writing regarding any notices, questions, complaints or claims with respect to the Tether Wallet App for Android by email to data-apps@tether.io.
16. General (including Mandatory Arbitration)
16.1. Entire Agreement
These Terms constitute the entire agreement between you and Tether Data and supersede any prior agreements between you and Tether Data. You may also be subject to additional terms of service that may apply when you use affiliate or third-party services, third-party content or third-party software.
16.2. 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 transaction, dispute, controversy, claim or action arising from or related to your access or use of the Tether Wallet or these Terms shall be governed by the laws of the British Virgin Islands, exclusive of choice-of-law principles.
16.3. Force Majeure
We are not responsible for damages caused by delay or failure of Tether Wallet or of Tether Data to perform undertakings under these Terms when the delay or failure is due to fires; strikes; floods; power outages or failures; acts of God or the state's enemies; disease pandemics; acts of any government or government official; computer, server, protocol or internet malfunctions; internet disruptions, viruses, and mechanical power, or communication failures; security breaches 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 by us or that are otherwise outside of our control ("Force Majeure Events"). We are excused from any and all performance obligations under these Force Majeure Events.
16.4. Mandatory Arbitration
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 paragraph 16.4 may not apply to you and you may have additional rights.
Except for 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 Tether Wallet and any related content or services provided by Tether Data 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 arbitration 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 arbitration parties must be a licenced attorney in England and Wales or the British Virgin Islands with at least fifteen (15) years of experience in commercial disputes. If the arbitration 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 Prevent and Resolution. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. If the arbitral parties do not promptly agree to the seat of arbitration if 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 authorized by law, and the arbitral decision may be enforced in court. For claims less than $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 attorney's fees and costs.
The following claims and causes of action will be excluded from arbitration as described in the paragraphs 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 paragraph 16.4 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 paragraph 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 defense 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 CPR Rules.
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 Tether Wallet cannot and may not affect any other user. No adjudicator may consolidate or join more than one person's claims and or otherwise preside over any form of a consolidated, representative, or class proceeding.
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.
16.5. 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 TETHER WALLET BY YOU, AND/OR ANY OTHER MATTER INVOLVING YOU AND US.
16.6. Severability
If an adjudicator of competent jurisdiction finds any provision of these Terms to be (or are otherwise) invalid, you nevertheless agree that the adjudicator should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.
16.7. Waiver; Available Remedies
If you breach these Terms and we choose to ignore your breach, we shall still be entitled to use our rights and remedies at a later date or in any other circumstances where you breach these Terms again. Our and our affiliates remedies are cumulative and not exclusive of any other remedy conferred by the provisions of these Terms, or by law or equity.
16.8. Electronic Communications; Acceptance
You agree and consent to receive electronically all communications, agreements, documents, receipts, notices and disclosures that we may provide in connection with these Terms through publication on any part of Tether Wallet. Such notices shall be deemed effective and received by you on the date on which the notice is published on any part of Tether Wallet. These Terms may be accepted electronically, and it is the intention of the parties that such acceptance shall be deemed to be as valid as an original signature being applied to these Terms.
17. Our trademarks
'Tether' and 'Tether Wallet' are trademarks used by Tether Data under license. You are not permitted to use them without approval, unless they are part of the material you are using as permitted under paragraph 4.1 (How you may use the Tether Wallet).