iOS App Terms of Use

These Terms of Use (these “Terms”), together with any other agreements or terms incorporated by reference, including our Privacy Policy, govern your (“User” or “you”) access to and use of the Kerberus App, a proprietary iOS mobile application owned and operated by Kerberus Cyber Security, Inc. (“Kerberus,” “we,” “us,” or “our”), and related services (collectively, the “Service”). By downloading, installing, or using the Kerberus: Web3 Scam Protection app (the “App”), you agree to comply with and be bound by these Terms. If you do not agree to these Terms, do not download, install, or use the App.

If you downloaded the App from the Apple App Store, these Terms are between you and Kerberus, not Apple. Apple is not responsible for the App or its content. Apple has no obligation to provide maintenance or support services for the App. To the extent any warranty applies and the App fails to conform to that warranty, you may notify Apple and Apple may refund the purchase price, if any, for the App. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your use of the App, including product liability claims, legal or regulatory claims, or claims that the App fails to conform to applicable legal requirements. Apple is not responsible for investigating, defending, settling, or discharging any third-party intellectual property infringement claim relating to the App. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce these Terms against you.

1. The Services

When you download and install the App, subject to your continued compliance with the terms hereof, Kerberus grants you a limited, non-exclusive, non-transferrable, revocable license to use the App for your personal, non-commercial purposes.

The Services are designed to protect your crypto assets from malicious actors. Kerberus reserves the right, in its sole discretion, to add, modify, or discontinue any products, services, or features—including any pricing, terms, or availability—at any time without notice. Your continued use of Kerberus’ offerings following any such changes constitutes your acceptance of the revised terms.

Kerberus may, from time to time and with or without notice to you, delegate, subcontract, assign, or in any way use third parties (affiliated to Kerberus or otherwise) for the provision of the Services in part or in full. Kerberus remains responsible for the performance of any delegated Services.

PLEASE BE ADVISED THAT, IN ORDER TO EFFECTIVELY DELIVER THE SERVICES, IT MAY BE NECESSARY FOR US TO ADJUST OR MODIFY CERTAIN ELEMENTS OF THE APP’S USER INTERFACE AS DISPLAYED ON YOUR DEVICE. SUCH MODIFICATIONS MAY INCLUDE CHANGES TO LAYOUT, DESIGN, AND CONTENT PRESENTATION, WHICH ARE MADE SOLELY FOR THE PURPOSE OF OPTIMIZING YOUR EXPERIENCE AND ENHANCING SERVICE DELIVERY. THESE ADJUSTMENTS ARE LIMITED TO THE USER INTERFACE AND DO NOT ALTER THE UNDERLYING FUNCTIONALITY OF THE APP.

You may add certain Web3 Sites to your “Skip-List”, within the App’s Dashboard (the “Skip-List”), essentially “whitelisting” those sites, expediting any contemplated future transactions therewith, and opting out from Kerberus security associated with such Skip-List sites.

To provide the Services, including transaction scanning, threat detection, fraud prevention, support, and App improvement, Kerberus may collect and process wallet addresses, transaction details, Web3 Site interactions, device information, app activity, diagnostic data, security logs, claim-submission materials, and related metadata, as described in our Privacy Policy. You acknowledge that disabling permissions, blocking telemetry, using conflicting apps, or deleting the App may limit the Services.

2. User Responsibilities

By using the App, you agree to (i) keep your wallet’s seed phrases and private keys secure and never share them with anyone; (ii) operate only within blockchain networks supported by the App; (iii) ensure the App is installed and functioning correctly on your iOS device; (iv) follow and act on any warnings or alerts received through the App, to prevent potential losses; (v) provide accurate and complete information when filing any Claims (if any); (vi) install the App on compatible iOS devices and regularly update the App to the latest version to benefit from ongoing security enhancements.

You may only use the App on a device that you own and control, and as permitted by the applicable terms and conditions of any applicable application store (e.g., Apple App Store).

Your use of the Services must at all times be in full compliance with all laws and regulations applicable to you.

By using the Services, you acknowledge that the App and the Services are aimed at protecting your crypto assets from malicious actors, and do not provide any financial or other protections beyond that. Using, holding, and transacting in crypto assets carry significant risks other than those addressed by the Services; and by using the Service, you acknowledge that (i) you understand and can assume such risks, and (ii) that such risks are not addressed or mitigated by Kerberus, the App, or the Services in any way.

3. Limitation of Liability

IN NO EVENT WILL KERBERUS BE LIABLE FOR (I) INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR (II) LOSS OF PROFITS OR REVENUE, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, IN EACH CASE ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF KERBERUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL KERBERUS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR TO THE APP OR SERVICES EXCEED AN AMOUNT OF US$100.00. THESE LIMITATIONS WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

4. Term and Termination

You may stop using the Services at any time by deleting the App from your device. We reserve the right to suspend or terminate your access to the App at our sole discretion, without notice, for conduct that we believe violates these Terms or any applicable law or regulation, or is harmful to other users or us. By deleting the App from your device, your data will be removed from the Service. However, deletion may not be immediate, and Kerberus may keep your personal information in its records for audits and other administrative purposes. The provisions of these Terms that, by their nature and content, must survive the termination of these Terms to achieve the fundamental purposes of these Terms shall so survive.

5. Intellectual Property

All rights not expressly granted to You under these Terms are reserved by Kerberus. We reserve all rights, title, and interest to the Services, the App, and any of their related intellectual property rights, including but not limited to software, algorithms, designs, and trademarks, including, without limitation, ‘Sentinel3 Pro’ and ‘Kerberus’ (collectively, the “Marks”). The Terms do not convey to You an interest in or to Kerberus’ intellectual property rights. Nothing in the Terms constitutes a waiver of Kerberus’ Intellectual Property Rights under any law. You may not copy, modify, distribute, reverse engineer, or create derivative works based on the App, and you may not use any of our Marks without express written approval. Unauthorized use of the App’s intellectual property is strictly prohibited. To the extent You provide us any feedback, comments, or suggestions (“Feedback”), you grant us a royalty-free, fully paid-up, worldwide, perpetual, and irrevocable license to incorporate the Feedback into the Services and/or the App or any of our current or future products or services.

6. Confidentiality

Kerberus and the user agree to maintain the confidentiality of all non-public information exchanged between them in connection with the Services (“Confidential Information”), including but not limited to business operations, trade secrets, financial information, transaction details, and any other information identified as confidential or reasonably understood to be confidential given its nature and context. The receiving party agrees to use Confidential Information solely for fulfilling obligations under these Terms, not to disclose it to third parties without the disclosing party’s prior written consent except as required by law or regulation, or to professional advisors or agents bound by confidentiality obligations no less stringent than those set forth herein. Confidentiality obligations do not apply to information that is or becomes publicly available through no breach of these Terms, was already lawfully in the receiving party’s possession without confidentiality obligations, is disclosed by a third party with lawful authority and no restriction, or is independently developed without the use of the Confidential Information. Upon termination of these Terms or request, the receiving party must return or destroy all Confidential Information, except as required by law or retained in automated backup systems. These confidentiality obligations survive termination of these Terms for a period of two years or as required by applicable law.

7. Governing Law; Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflict of law principles. Any disputes arising from or relating to these Terms or the Service shall be resolved through a mandatory two-step dispute resolution process:

(a) Mediation. The parties agree to first attempt to resolve any dispute through confidential mediation administered by an agreed mediator.

(b) Arbitration. If mediation is unsuccessful, any unresolved dispute shall be finally resolved through binding arbitration administered by the American Arbitration Association pursuant to its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator in Delaware, USA. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

THE PARTIES AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, BOTH PARTIES WAIVE ANY RIGHT TO A JURY TRIAL, AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COURTS LOCATED WITHIN DELAWARE, USA.

8. Disclaimer

THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

The App does not provide a guarantee that your device, network, files, communications, or accounts are free from malware, vulnerabilities, compromise, or unauthorized access. Any security scores, alerts, detections, scans, or recommendations are informational and may be incomplete, delayed, inaccurate, or subject to false positives or false negatives.

9. Indemnification

You agree to indemnify, defend, and hold harmless Kerberus, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your access to or use of the App, your violation of these Terms or of any applicable laws or regulation, or your violation of any rights of another.

10. Miscellaneous

If any provision of these Terms is found invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. No waiver by us of a breach of any of the provisions of terms of these Terms shall be construed as a waiver of any preceding or succeeding breach of any of the provisions of these Terms. These Terms constitute the entire agreement between Kerberus and You regarding your use of the Services and supersede any and all prior agreements between Kerberus and You with respect to the same. You confirm that, in agreeing to accept these Terms, You have not relied on any representation except as has been expressly made by Kerberus in these Terms. You may not assign your rights or delegate your obligations under these Terms without Kerberus’ prior written consent. Any purported assignment contrary to this section will be null and void. Kerberus may assign its obligations hereunder without requiring your consent. There are no third-party beneficiaries to these Terms. By using our services, you acknowledge that you have read, understood, and agreed to these Terms. Kerberus reserves the right to update or modify these Terms from time to time, in its sole discretion. Any changes will be posted on this page with an updated “Last Updated” date. Continued use of the App after such changes constitutes your acceptance of the new Terms.

If you have any questions about these Terms, please contact us at support@kerberus.com.