MANAGED GUARDIAN SERVICE VAULT TERMS OF USE

Envision Blockchain Solutions, LLC ("Provider," “we,” “us,” or “our”) allows you  ("you," “your,” or "Customer") to use with Managed Service Guardian (MGS), www.guardianservice.app, either your own key management vault, or the MGS Platform’s key management vault (the “Vault”), which is based on the open source HashiCorp vault. The Provider may choose to add or remove Vault solutions at any time. If you use your own vault, you must deploy it on the cloud of your choice and the deployment is solely your responsibility. If you use the Vault associated specifically with MGS, Provider will deploy it. In all cases, you are solely responsible and liable for securing and managing your Vault. Provider is not a custodian for Digital Assets or account information, including your Private Keys.
These Managed Guardian Service Vault Terms of Use ("Terms of Use" or “Terms”) govern your use of the Managed Guardian Service Vault.
Acceptance of the Terms
By connecting to, accessing or using the Vault with https://guardianservice.app or any other application, you acknowledge that you have read and understood the following terms of use and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Vault. IF YOU DO NOT AGREE TO THE TERMS, DO NOT CONNECT TO, ACCESS OR USE THE VAULT.
The Terms may be revised and updated from time to time, with or without any notice. We shall make reasonable efforts to post a prominent notice in case the Terms shall change substantially. Provider urges you to check the Last Revised date which appears at the top of these Terms. You can review the most current version of the Terms at any time at: https://guardianservice.app/terms-of-use/
By connecting to, accessing or using the Vault, you acknowledge that the Terms constitute a binding and enforceable legal contract between the Provider and you.
The MGS Platform and its Terms of Use
The MGS Platform is described at https://guardianservice.app, and its Terms of Use are at https://guardianservice.app/terms-of-use/. 
Customer Representations and Understandings
As a condition for your use of the Vault, you hereby represent and warrant that:
	You possess the legal authority to enter into these Terms and to form a binding agreement under applicable law, to use the Vault in accordance with these Terms, and to fully perform your obligations hereunder;
	The execution of the Terms does not and will not violate any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject; 
	You will not infringe or violate any of the Terms; and
	You will comply with all applicable laws, including financial regulation, commodity regulation, and securities laws. 
You acknowledge and agree that:
	Provider may discontinue your use of the Vault in its sole discretion with or without any reason;
	Provider does not provide legal, tax, or financial advice and Customers are responsible for consulting their own advisors regarding the applicability of any laws to their use of the Vault.
	You are solely responsible and liable for securing and managing your Vault. Provider is not a custodian for Digital Assets or account information, including your Private Keys.
Disclaimer and Warranties
THE VAULT, INCLUDING WITHOUT LIMITATION ANY CONTENT, DATA AND INFORMATION RELATED THERETO, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THE PROVIDER DOES NOT WARRANT THAT THE VAULT WILL BE UNINTERRUPTED OR ERROR-FREE. THE PROVIDER MAY CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO THE VAULT AT ANY TIME OR TO DISCONTINUE DISPLAYING OR PROVIDING ANY INFORMATION, CONTENT OR FEATURES WITHOUT A NOTICE TO YOU.
THE PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE VAULT, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY, OR QUALITY OF THE VAULT, AND IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO USAGE OF THE VAULT.. THE PROVIDER DOES NOT ENDORSE ANY ENTITY, PRODUCT OR SERVICE MENTIONED IN ANY USER GENERATED CONTENT.
Limitation of Liability
THE USE OF THE VAULT IS SOLELY AT YOUR OWN RISK. IN NO EVENT SHALL THE PROVIDER BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS RESULTING FROM OR ARISING OUT OF THE VAULT, OR THE USE OR INABILITY TO USE THE VAULT, REGARDLESS OF WHETHER THE PROVIDER OR AN AUTHORIZED REPRESENTATIVE OF THE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT WHERE LIABILITY IS MANDATORY, IN WHICH EVENT LIABILITY FOR DAMAGES SHALL BE LIMITED TO ONE HUNDRED US DOLLARS ($100.00).
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND IN NO EVENT SHALL THE PROVIDER’S MAXIMUM CUMULATIVE LIABILITY TO YOU EXCEED THE AMOUNT YOU HAVE PAID IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM OR CAUSE OF ACTION AROSE, IF APPLICABLE.
Indemnification
You agree to defend, indemnify and hold harmless Provider, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of  the Vault; (ii) your violation of any term of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Vault. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
General
1. These Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto.
2. Any claim relating to the Vault or the use thereof will be governed by and interpreted in accordance with the laws of the State of Florida, without reference to its conflict-of-laws principles.
3. Any dispute arising out of or related to the Vault will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the state of federal courts located in or having venue in Palm Beach County, Florida. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule.
4. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Terms and will not affect the validity and enforceability of any remaining provisions.
5. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
6. These Terms constitutes the entire terms and conditions between you and the Provider relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Provider.
For information or questions please contact: support@guardianservice.io