Terms of Service

1. Service Presentation

1.1 Publisher

The Herrika service is published and operated by:

• Name: Herrichain Association
• Association website: herrichain.org
• Legal form: Non-profit association (French law 1901)
• RNA: W641015204 (National Register of Associations)
• Registered office: 257 avenue d'Atherbea, 64210 Bidart, France
• Email: contact@herrika.org

1.2 Service Description

Herrika is a non-custodial (self-custody) digital wallet allowing users to:

• Manage their digital assets with full sovereignty
• Obtain a European IBAN on blockchain via our partner Monerium
• Perform instant transfers and payments 24/7
• Use regulated euro stablecoins (EURe)
• Interact with the Gnosis Chain blockchain

1.3 Technology

Herrika uses technology provided by Ibex Wallet and relies on:

• Blockchain: Gnosis Chain
• IBAN & Stablecoins: Monerium (MiCA regulated)
• Principle: Self-custody (you alone control your private keys)

2. Acceptance of Terms

Use of the Herrika service implies full acceptance of these Terms of Service (ToS).

If you do not accept these terms, you must not use the service.

3. Registration and User Account

3.1 Registration Conditions

To use Herrika, you must:

• Be at least 18 years old
• Have legal capacity to contract
• Provide accurate and up-to-date information
• Comply with laws and regulations in force in your country of residence

3.2 Account Creation

When creating your account, you must:

• Generate and save your recovery phrase (seed phrase)
• Keep your private keys in a safe place
• Never share your access information with third parties

3.3 Account Security

You are solely responsible for:

• The confidentiality of your private keys and recovery phrase
• All activities performed from your account
• Securing your access devices

4. Use of Service

4.1 Authorized Uses

You may use Herrika to:

• Store and manage your digital assets
• Perform legal transactions
• Interact with decentralized applications (dApps)
• Use Monerium's IBAN and stablecoin services

4.2 Prohibited Uses

It is strictly prohibited to use Herrika for:

• Any illegal or fraudulent activity
• Money laundering or terrorism financing
• Violation of intellectual property rights
• Identity theft
• Distribution of viruses or malware
• Any activity infringing on the rights of third parties

4.3 Regulatory Compliance

You agree to:

• Comply with applicable laws and regulations in your jurisdiction
• Declare your digital assets in accordance with tax obligations
• Cooperate in case of legitimate requests from authorities

5. Responsibilities

5.1 User Responsibility

You acknowledge and accept that:

• You are solely responsible for managing your private keys
• Blockchain transactions are irreversible
• You must carefully verify destination addresses
• Digital assets carry volatility risks
• You use the service at your own risk

5.2 Herrichain's Responsibility

Herrichain association commits to:

• Provide quality service to the extent possible
• Ensure technical infrastructure security
• Inform users of service developments

However, Herrichain cannot be held responsible for:

• Loss of your private keys or recovery phrase
• Transactions made in error
• Gnosis Chain blockchain failures
• Service interruptions beyond our control
• Losses related to digital asset volatility
• Acts of third parties (hacking, phishing, etc.)

5.3 Limitation of Liability

6. Third-Party Services

6.1 Partners

Herrika relies on third-party partners:

• Ibex Wallet: Wallet technology
• Monerium: IBAN and EURe stablecoin services (MiCA regulated)
• Gnosis Chain: Blockchain infrastructure

6.2 Partner Terms

Use of our partners' services is subject to their own terms of service. We encourage you to consult them:

• Monerium Terms
• Gnosis Chain Terms

7. Intellectual Property

All elements of the Herrika service (design, logo, code, content) are protected by intellectual property rights.

The lauburu logo and Herrika's visual identity are the property of Herrichain association.

Any reproduction, representation, or use without prior authorization is prohibited.

8. Personal Data

8.1 Data Collection

Herrika collects minimal personal data:

• Email address (optional)
• Connection data (IP address, timestamp)
• KYC data for Monerium services (if applicable)

8.2 Data Use

Your data is used only for:

• Service operation
• Regulatory compliance
• User experience improvement

8.3 Data Protection

In accordance with GDPR, you have the right to access, rectify, delete, and port your data.

To exercise your rights: contact@herrika.org

9. Fees and Pricing

9.1 Free Service

The Herrika service is currently free. No fees are charged by Herrichain association.

9.2 Blockchain Fees

However, you must pay:

• Gas fees: Transaction fees on Gnosis Chain (paid in xDAI)
• Monerium fees: Possible fees for IBAN services (according to Monerium terms)

9.3 Pricing Evolution

Herrichain association reserves the right to introduce fees in the future, with a minimum 30-day notice.

10. Service Modification

Herrichain association reserves the right to:

• Modify, suspend, or discontinue all or part of the service
• Add or remove features
• Modify these ToS

Users will be informed of significant changes by email or in-app notification.

11. Termination

11.1 Termination by User

You may stop using Herrika at any time. Simply:

• Transfer your assets to another wallet
• Uninstall the application
• Request deletion of your data (if applicable)

11.2 Termination by Herrichain

Herrichain association may suspend or terminate your access in case of:

• Violation of these ToS
• Suspicious or fraudulent activity
• Request from competent authorities
• Non-compliance with legal obligations

12. Applicable Law and Jurisdiction

These ToS are governed by French law.

In case of dispute, the parties will endeavor to find an amicable solution.

Failing that, French courts shall have sole jurisdiction.

13. Miscellaneous Provisions

13.1 Entire Agreement

These ToS constitute the entire agreement between you and Herrichain association.

13.2 Partial Invalidity

If a clause of the ToS is declared null or unenforceable, the other clauses remain in force.

13.3 Waiver

Failure to exercise a right does not constitute a waiver of that right.

13.4 Assignment

You may not assign your rights or obligations without our prior consent.

14. Contact

Last updated: December 4, 2024