Terms of Service
Last Updated: January 30, 2025
These Terms of Service ("Terms") constitute a legally binding agreement between theMiracle AG, a Swiss Aktiengesellschaft with its registered office in Switzerland ("theMiracle," "we," "us," or "our"), and you ("User," "you," or "your") governing your access to and use of theMiracle's crypto claims discovery and aggregation platform (the "Platform").
IMPORTANT NOTICE: BY CLICKING "I ACCEPT," ACCESSING, OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE PLATFORM.
ARTICLE 1: DEFINITIONS
1.1 Defined Terms. As used in these Terms, the following terms have the meanings set forth below:
(a) "Claim" means any reward, token, airdrop, discount, promotion, or other benefit offered by a Project that a User may be eligible to receive.
(b) "Claim-Specific Terms" means the additional terms and conditions applicable to specific Claims as displayed on the Platform and incorporated herein by reference.
(c) "Controller" means the entity that determines the purposes and means of processing Personal Data, which in the context of the Platform includes Wallet Providers and Projects.
(d) "Personal Data" means any information relating to an identified or identifiable individual, including but not limited to wallet addresses, transaction history, on-chain activity data, browsing behavior, cookies, device information, IP addresses, and referral sources.
(e) "Platform" means theMiracle's web-based interface, technology, services, and related systems that enable Users to discover and access Claims.
(f) "Privacy Policy" means theMiracle's privacy policy available on the Platform and incorporated herein by reference.
(g) "Processor" means an entity that processes Personal Data on behalf of a Controller, which role theMiracle performs in relation to data collected through the Platform.
(h) "Project" means any third-party cryptocurrency project, protocol, platform, or entity that offers Claims through the Platform.
(i) "Services" means all services provided by theMiracle through the Platform, including claim discovery, aggregation, personalization, and facilitation of access to Claims.
(j) "Wallet Provider" means any third-party cryptocurrency wallet application or service through which Users access the Platform.
(k) "User Content" means any data, information, or materials submitted, transmitted, or provided by a User through the Platform.
ARTICLE 2: ACCEPTANCE AND ELIGIBILITY
2.1 Binding Agreement. These Terms constitute a binding legal agreement between you and theMiracle. By accessing or using the Platform, you represent and warrant that you have the legal capacity to enter into these Terms.
2.2 Age Requirement. You must be at least sixteen (16) years of age to access or use the Platform. By using the Platform, you represent and warrant that you are at least sixteen (16) years of age. If you are under sixteen (16) years of age, you are prohibited from accessing or using the Platform under any circumstances.
2.3 Compliance with Laws. You represent and warrant that your access to and use of the Platform complies with all applicable laws, regulations, and rules in your jurisdiction, including but not limited to laws governing cryptocurrency transactions, data protection, and online conduct.
2.4 Modifications to Terms. theMiracle reserves the right to modify these Terms at any time in its sole discretion. We will provide notice of material changes by posting the updated Terms on the Platform with a new "Last Updated" date. Your continued use of the Platform after such modifications constitutes your acceptance of the modified Terms. If you do not agree to any modification, you must immediately cease using the Platform.
2.5 Mandatory Acceptance. Access to certain features of the Platform, including the ability to proceed with Claims, requires your mandatory acceptance of these Terms. You cannot proceed without accepting these Terms.
ARTICLE 3: DESCRIPTION OF SERVICES
3.1 Platform Overview. The Platform is a discovery and aggregation service that connects Users with Claims offered by Projects. The Platform analyzes on-chain and behavioral data to surface personalized Claims that Users may be eligible to receive.
3.2 Access Methods. Users may access the Platform:
(a) Through integrations with Wallet Providers within cryptocurrency wallet applications;
(b) Directly through theMiracle's website when Claims are hosted on our Platform; or
(c) Through such other access methods as theMiracle may make available from time to time.
3.3 Current Functionality. The Platform currently operates on a one-time passthrough basis, logging User interactions with a unique user marker and timestamp. Future versions of the Platform may include wallet-based authentication and additional features.
3.4 Data Processor Role. theMiracle acts as a data Processor on behalf of Wallet Providers and Projects, who serve as data Controllers. theMiracle processes Personal Data in accordance with instructions from Controllers and applicable data processing agreements. Users' data rights under applicable data protection laws (including GDPR) are exercised through the applicable Controller (Wallet Provider or Project), not through theMiracle. Please refer to the Privacy Policy and the privacy policies of your Wallet Provider and applicable Projects for information about data processing practices.
3.5 Artificial Intelligence. The Platform utilizes artificial intelligence and machine learning technologies running on theMiracle's own infrastructure to analyze User data and provide personalized Claim recommendations. All AI processing is performed in-house without transmission of User data to external AI service providers.
3.6 No Guaranteed Results. theMiracle provides the Platform and Services on an "as-is" and "as-available" basis. THE PLATFORM IS A DISCOVERY AND AGGREGATION SERVICE ONLY. THEMIRACLE MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES REGARDING:
(a) The availability, validity, or accuracy of any Claim;
(b) Your eligibility for any Claim;
(c) The ability to successfully claim any reward, token, airdrop, discount, or promotion;
(d) The value, utility, or future performance of any cryptocurrency, token, or digital asset associated with any Claim;
(e) The continued availability of any Claim, which may expire, change, be modified, or become invalid at any time without notice;
(f) The conduct, reliability, or performance of any Project or Wallet Provider;
(g) The absence of errors, bugs, or interruptions in the Platform; or
(h) The results or outcomes of using the Services.
3.7 Third-Party Relationships. Claims are offered by independent third-party Projects. theMiracle is not a party to any agreement between you and any Project or Wallet Provider. theMiracle does not control, endorse, or assume responsibility for any Project, Wallet Provider, Claim, or third-party service. Any disputes, claims, or issues arising from Claims or relationships with Projects or Wallet Providers are solely between you and the applicable third party.
3.8 Service Modifications. theMiracle reserves the right to modify, suspend, or discontinue any aspect of the Platform or Services at any time, with or without notice, for any reason, including for maintenance, improvements, or compliance with legal requirements.
ARTICLE 4: USER OBLIGATIONS AND ACCEPTABLE USE
4.1 Account Security. You are responsible for:
(a) Maintaining the security and confidentiality of your cryptocurrency wallet and any credentials used to access the Platform;
(b) All activities that occur through your wallet or account;
(c) Promptly notifying theMiracle of any unauthorized access or security breach; and
(d) Ensuring that your wallet information is accurate, current, and complete.
4.2 Prohibited Conduct. You agree that you will not:
(a) Use any automated system, including but not limited to robots, bots, spiders, scrapers, or automated scripts, to access, interact with, or extract data from the Platform;
(b) Attempt to manipulate, exploit, or game the Platform, Claims, or recommendation algorithms;
(c) Interfere with or disrupt the operation, security, or infrastructure of the Platform;
(d) Attempt to gain unauthorized access to any portion of the Platform, other Users' accounts, or theMiracle's computer systems or networks;
(e) Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying algorithms of the Platform;
(f) Remove, circumvent, disable, damage, or otherwise interfere with any security features of the Platform;
(g) Use the Platform for any illegal, fraudulent, or unauthorized purpose;
(h) Violate any applicable laws, regulations, or third-party rights;
(i) Transmit any viruses, malware, or other harmful code;
(j) Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity;
(k) Create multiple accounts or identities to circumvent restrictions or manipulate the Platform;
(l) Sell, rent, lease, or otherwise commercialize access to the Platform without theMiracle's express written permission;
(m) Use the Platform in any manner that could damage, disable, overburden, or impair theMiracle's servers or networks;
(n) Harvest, collect, or store Personal Data about other Users without their consent;
(o) Engage in any activity that interferes with other Users' access to or use of the Platform; or
(p) Assist or encourage any third party in engaging in any prohibited conduct.
4.3 Compliance with Claim-Specific Terms. Certain Claims may be subject to additional Claim-Specific Terms displayed on the Platform. You agree to comply with all applicable Claim-Specific Terms, which are incorporated into these Terms by reference. In the event of a conflict between these Terms and Claim-Specific Terms, the Claim-Specific Terms shall control with respect to the specific Claim.
4.4 Accuracy of Information. You represent and warrant that all information you provide to theMiracle through the Platform is accurate, current, complete, and not misleading. You agree to promptly update any information to maintain its accuracy.
4.5 Assumption of Risk. You acknowledge and agree that:
(a) Cryptocurrency transactions and Claims involve significant financial risk;
(b) You are solely responsible for evaluating the risks associated with any Claim before proceeding;
(c) You should conduct your own independent research and due diligence regarding Projects, Claims, and cryptocurrency assets;
(d) The value of cryptocurrency assets can be highly volatile and may result in significant losses;
(e) You are solely responsible for any tax obligations arising from Claims or cryptocurrency transactions; and
(f) theMiracle is not a financial advisor, investment advisor, tax advisor, or legal advisor, and nothing on the Platform constitutes financial, investment, tax, or legal advice.
4.6 Consequences of Violation. Violation of these Terms may result in:
(a) Immediate termination or suspension of your access to the Platform;
(b) Removal of your ability to access Claims;
(c) Legal action to enforce these Terms or recover damages;
(d) Reporting of illegal conduct to law enforcement authorities; and
(e) Any other remedies available to theMiracle under applicable law.
ARTICLE 5: INTELLECTUAL PROPERTY RIGHTS
5.1 theMiracle's Ownership. The Platform and all content, features, functionality, technology, software, code, algorithms, user interfaces, designs, graphics, logos, trademarks, service marks, trade names, and other materials provided by theMiracle (collectively, "theMiracle Property") are owned by theMiracle or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.
5.2 Limited License to Users. Subject to your compliance with these Terms, theMiracle grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform solely for your personal, non-commercial use in accordance with these Terms. This license does not grant you any rights to theMiracle Property except as expressly set forth herein.
5.3 Restrictions on Use. You may not:
(a) Copy, modify, create derivative works of, distribute, transmit, display, perform, or exploit any theMiracle Property;
(b) Use theMiracle Property for any commercial purpose without theMiracle's express written permission;
(c) Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices from theMiracle Property;
(d) Use theMiracle's name, logo, or trademarks without prior written authorization; or
(e) Frame, mirror, or incorporate the Platform into any other website or service without permission.
5.4 User Content License. If you submit, transmit, or provide any User Content through the Platform, you grant theMiracle a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with operating, providing, improving, and marketing the Platform and Services. You represent and warrant that you have all necessary rights to grant this license and that your User Content does not violate any third-party rights or applicable laws.
5.5 Feedback. If you provide theMiracle with any suggestions, comments, feedback, or ideas regarding the Platform ("Feedback"), you hereby assign to theMiracle all rights in such Feedback, and theMiracle shall be free to use such Feedback without any obligation or compensation to you.
5.6 Protection of Rights. theMiracle reserves all rights not expressly granted in these Terms. Unauthorized use of theMiracle Property may violate copyright, trademark, and other laws and may result in civil and criminal penalties.
ARTICLE 6: PRIVACY AND DATA PROTECTION
6.1 Privacy Policy. Your privacy is important to theMiracle. The collection, use, storage, and protection of your Personal Data are governed by theMiracle's Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you consent to the data practices described in the Privacy Policy.
6.2 Data Processor Role. As described in Article 3.4, theMiracle acts as a data Processor, not a data Controller, with respect to Personal Data collected through the Platform. Wallet Providers and Projects serve as data Controllers. theMiracle processes Personal Data solely in accordance with instructions from Controllers and applicable data processing agreements.
6.3 Data Protection Rights. To exercise your rights under applicable data protection laws (including GDPR rights such as access, rectification, erasure, restriction, portability, and objection), please contact the applicable Controller (your Wallet Provider or the relevant Project). Controllers are responsible for responding to data subject requests. For questions about data processing, you may contact theMiracle at info@themiracle.io.
6.4 International Data Transfers. Personal Data may be transferred to, processed, and stored in countries outside your country of residence, including countries that may not provide the same level of data protection as your home country. theMiracle implements appropriate safeguards, including Standard Contractual Clauses, to protect Personal Data during international transfers in compliance with applicable data protection laws.
6.5 Consent to Processing. By using the Platform, you consent to the processing of your Personal Data as described in the Privacy Policy, including:
(a) Collection of wallet addresses, transaction history, on-chain activity data, browsing behavior, cookies, device information, IP addresses, and referral sources;
(b) Use of artificial intelligence and machine learning to analyze your data and provide personalized Claim recommendations;
(c) Sharing of your data with Wallet Providers and Projects (the Controllers); and
(d) Storage and processing of your data on cloud infrastructure operated by third-party service providers globally.
6.6 Cookies and Tracking Technologies. The Platform uses cookies and similar tracking technologies. For detailed information about the types of cookies used, their purposes, and how to manage cookies, please refer to the Privacy Policy.
ARTICLE 7: DISCLAIMERS AND LIMITATIONS OF LIABILITY
7.1 Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND SERVICES ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." THEMIRACLE, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS (COLLECTIVELY, THE "THEMIRACLE PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO:
(a) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, OR DATA ACCURACY;
(b) WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, OR PERFORMANCE OF THE PLATFORM OR SERVICES;
(c) WARRANTIES THAT THE PLATFORM OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
(d) WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF ANY CONTENT, INFORMATION, OR RECOMMENDATIONS PROVIDED THROUGH THE PLATFORM;
(e) WARRANTIES REGARDING THE AVAILABILITY, VALIDITY, VALUE, OR ELIGIBILITY OF ANY CLAIM; OR
(f) WARRANTIES REGARDING THE CONDUCT OR PERFORMANCE OF PROJECTS, WALLET PROVIDERS, OR OTHER THIRD PARTIES.
7.2 No Liability for Third Parties. THE THEMIRACLE PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR:
(a) The acts, omissions, conduct, content, services, or products of any Project, Wallet Provider, or other third party;
(b) Any failure, delay, error, or problem with any Claim, including Claims that expire, change, become invalid, or cannot be successfully claimed;
(c) Any changes to, suspension of, or termination of any Claim by a Project;
(d) Any losses, damages, or harm arising from cryptocurrency transactions, Claims, or interactions with Projects or Wallet Providers;
(e) Any disputes between you and any Project, Wallet Provider, or other third party; or
(f) Any breach of security, unauthorized access, or loss of data caused by third parties or events beyond theMiracle's reasonable control.
7.3 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE THEMIRACLE PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY:
(a) INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
(b) DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTION;
(c) DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE PLATFORM OR SERVICES;
(d) DAMAGES ARISING FROM ANY CLAIM OR INTERACTION WITH PROJECTS OR WALLET PROVIDERS;
(e) DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR WALLET;
(f) DAMAGES ARISING FROM ANY CRYPTOCURRENCY TRANSACTION OR FLUCTUATION IN CRYPTOCURRENCY VALUE; OR
(g) ANY OTHER DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, STATUTE, OR ANY OTHER LEGAL THEORY,
EVEN IF THE THEMIRACLE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.4 Cap on Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE THEMIRACLE PARTIES TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED CHF 100 (ONE HUNDRED SWISS FRANCS). THIS LIMITATION APPLIES REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE.
7.5 Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN THIS ARTICLE 7 REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THEMIRACLE AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PLATFORM WOULD NOT BE PROVIDED TO YOU WITHOUT THESE LIMITATIONS.
7.6 Jurisdictional Variations. Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, the exclusions and limitations in this Article 7 shall apply to the maximum extent permitted by applicable law.
ARTICLE 8: INDEMNIFICATION
8.1 Your Indemnification Obligation. You agree to indemnify, defend, and hold harmless the theMiracle Parties from and against any and all claims, demands, actions, suits, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to:
(a) Your access to or use of the Platform or Services;
(b) Your violation of these Terms or any applicable law, regulation, or third-party right;
(c) Your User Content or any content you submit, post, or transmit through the Platform;
(d) Your interaction with any Claim, Project, or Wallet Provider;
(e) Your cryptocurrency transactions or activities;
(f) Any fraud, negligence, willful misconduct, or illegal conduct by you;
(g) Any dispute between you and any Project, Wallet Provider, or other third party; or
(h) Any claim that your use of the Platform caused damage to a third party.
8.2 Defense and Settlement. theMiracle reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate fully with theMiracle in the defense of any such claim. You may not settle any claim without theMiracle's prior written consent.
8.3 Survival. Your indemnification obligations under this Article 8 shall survive the termination or expiration of these Terms.
ARTICLE 9: TERM AND TERMINATION
9.1 Term. These Terms commence when you first access or use the Platform and continue until terminated in accordance with this Article 9.
9.2 Termination by You. You may terminate these Terms at any time by ceasing all access to and use of the Platform. Termination does not relieve you of any obligations incurred prior to termination.
9.3 Termination by theMiracle. theMiracle may, in its sole discretion, suspend or terminate your access to the Platform at any time, with or without notice, for any reason or no reason, including but not limited to:
(a) Violation of these Terms or any applicable law;
(b) Engaging in prohibited conduct as described in Article 4;
(c) Suspected fraud, abuse, or manipulation of the Platform;
(d) Prolonged inactivity;
(e) Technical or security reasons;
(f) Requests by law enforcement or government authorities; or
(g) Discontinuation of the Platform or Services.
9.4 Effect of Termination. Upon termination:
(a) Your right to access and use the Platform immediately ceases;
(b) Any licenses granted to you under these Terms are immediately revoked;
(c) You must cease all use of theMiracle Property;
(d) Sections of these Terms that by their nature should survive termination shall survive, including but not limited to Articles 5 (Intellectual Property Rights), 7 (Disclaimers and Limitations of Liability), 8 (Indemnification), 10 (Dispute Resolution), and 11 (General Provisions); and
(e) theMiracle may delete or retain your User Content and data in accordance with the Privacy Policy and applicable data processing agreements with Controllers.
9.5 No Liability for Termination. theMiracle shall not be liable to you or any third party for any termination or suspension of your access to the Platform.
ARTICLE 10: DISPUTE RESOLUTION
10.1 Governing Law. These Terms and any dispute arising out of or related to these Terms, the Platform, or the Services shall be governed by and construed in accordance with the substantive laws of Switzerland, without regard to its conflict of laws principles.
10.2 Jurisdiction and Venue. Subject to the arbitration provisions below, you agree that any legal action or proceeding arising out of or related to these Terms shall be brought exclusively in the competent courts of Switzerland. You irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection to jurisdiction or venue.
10.3 Informal Dispute Resolution. Before initiating any formal dispute resolution proceeding, you agree to first contact theMiracle at info@themiracle.io to attempt to resolve the dispute informally. You agree to negotiate in good faith for at least thirty (30) days before pursuing any formal remedy.
10.4 Arbitration (Optional). For disputes that cannot be resolved informally, either party may elect to submit the dispute to binding arbitration administered by the Swiss Chambers' Arbitration Institution in accordance with its Swiss Rules of International Arbitration. The arbitration shall be conducted by a single arbitrator, the language of arbitration shall be English, and the seat of arbitration shall be Zurich, Switzerland. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
10.5 Class Action Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION AGAINST THEMIRACLE.
10.6 Time Limitation on Claims. You agree that any claim or cause of action arising out of or related to these Terms or the Platform must be filed within one (1) year after such claim or cause of action arose. Otherwise, such claim or cause of action is permanently barred.
ARTICLE 11: GENERAL PROVISIONS
11.1 Entire Agreement. These Terms, together with the Privacy Policy and any Claim-Specific Terms, constitute the entire agreement between you and theMiracle regarding the subject matter hereof and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral.
11.2 Amendments. theMiracle may modify these Terms at any time by posting revised Terms on the Platform with a new "Last Updated" date. Material changes will be effective upon posting, and your continued use of the Platform after such posting constitutes acceptance of the modified Terms. It is your responsibility to review the Terms periodically for changes.
11.3 Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent, or if such modification is not possible, such provision shall be severed from these Terms. The remaining provisions shall continue in full force and effect.
11.4 Waiver. No waiver by theMiracle of any term or condition of these Terms shall be deemed or construed as a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure by theMiracle to enforce any provision of these Terms shall not constitute a waiver of its right to enforce such provision or any other provision in the future.
11.5 Assignment. You may not assign, transfer, or delegate these Terms or any rights or obligations hereunder, by operation of law or otherwise, without theMiracle's prior written consent. Any attempted assignment, transfer, or delegation without such consent shall be null and void. theMiracle may freely assign, transfer, or delegate these Terms and any rights and obligations hereunder without restriction, including to any affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties and their respective successors and permitted assigns.
11.6 Force Majeure. theMiracle shall not be liable for any failure or delay in performing its obligations under these Terms to the extent such failure or delay is caused by events beyond theMiracle's reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, pandemics, epidemics, government actions or restrictions, labor disputes, strikes, internet or telecommunications failures, power failures, blockchain network disruptions, cyberattacks, or failures of third-party service providers (each, a "Force Majeure Event"). Upon occurrence of a Force Majeure Event, theMiracle shall be excused from performance for the duration of the Force Majeure Event, provided that theMiracle uses commercially reasonable efforts to mitigate the effects of the Force Majeure Event and resume performance as soon as reasonably practicable. If a Force Majeure Event continues for more than ninety (90) consecutive days, either party may terminate these Terms upon written notice to the other party without liability, except that payment obligations already accrued prior to termination shall not be excused.
11.7 No Third-Party Beneficiaries. These Terms are for the sole benefit of you and theMiracle and do not confer any rights or benefits upon any third party, except that the theMiracle Parties (as defined in Article 7.1) are express third-party beneficiaries of the limitations of liability, disclaimers, and indemnification provisions in these Terms and may enforce such provisions directly.
11.8 Relationship of Parties. Nothing in these Terms shall be construed to create a partnership, joint venture, agency, employment, or fiduciary relationship between you and theMiracle. You have no authority to bind theMiracle or incur any obligation on theMiracle's behalf.
11.9 Notices. theMiracle may provide notices to you through the Platform, via email to any email address associated with your account, or by other reasonable means. You agree that electronic notices satisfy any legal requirement that notices be in writing. Notices to theMiracle should be sent to info@themiracle.io. Notices shall be deemed received upon transmission if sent by email or upon posting if posted on the Platform.
11.10 Language. These Terms are drafted in the English language. If these Terms are translated into any other language, the English version shall control in the event of any conflict or inconsistency.
11.11 Headings. The section and article headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.
11.12 Survival. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to provisions relating to intellectual property rights, disclaimers, limitations of liability, indemnification, dispute resolution, and general provisions.
11.13 Contact Information. If you have any questions, concerns, or complaints regarding these Terms or the Platform, please contact theMiracle at:
theMiracle AG
Email: info@themiracle.io
ARTICLE 12: REGULATORY COMPLIANCE
12.1 General Compliance. theMiracle is committed to complying with all applicable laws and regulations governing the Platform and Services, including but not limited to:
(a) Swiss federal and cantonal laws and regulations;
(b) European Union regulations, including the General Data Protection Regulation (GDPR) (EU) 2016/679;
(c) Consumer protection laws applicable in jurisdictions where Users are located;
(d) E-commerce regulations, including electronic transaction and disclosure requirements;
(e) Anti-money laundering (AML) and counter-terrorist financing (CTF) regulations to the extent applicable;
(f) Cryptocurrency and blockchain-related regulations in applicable jurisdictions; and
(g) Intellectual property laws, including the Digital Millennium Copyright Act (DMCA) for U.S.-based Users.
12.2 Consumer Protection Compliance. In compliance with applicable consumer protection laws:
(a) Transparency: theMiracle provides clear, accurate, and non-misleading information about the Platform and Services, including the limitations and risks associated with Claims and cryptocurrency transactions.
(b) No Unfair Practices: theMiracle does not engage in deceptive, fraudulent, or unfair business practices. theMiracle clearly discloses that it makes no guarantees regarding the availability, validity, or value of any Claim.
(c) Right to Withdraw: Where required by applicable consumer protection laws, Users may have the right to withdraw from certain transactions or Services. Please refer to the applicable Project's or Wallet Provider's terms and policies for information about withdrawal rights related to specific Claims.
(d) Consumer Complaints: Users with complaints regarding the Platform or Services may contact theMiracle at info@themiracle.io. theMiracle will endeavor to respond to complaints promptly and in accordance with applicable law.
12.3 E-Commerce Compliance. In compliance with applicable e-commerce regulations:
(a) Electronic Disclosures: These Terms, the Privacy Policy, and all other agreements and disclosures are provided in electronic form. You consent to receiving communications and disclosures electronically. Electronic records have the same force and effect as paper records.
(b) Electronic Signatures: Your acceptance of these Terms by clicking "I Accept" or by using the Platform constitutes your electronic signature and legally binds you to these Terms.
(c) Business Information: theMiracle AG is a Swiss Aktiengesellschaft with its registered office in Switzerland. Contact: info@themiracle.io.
(d) No Online Sales: The Platform does not sell goods or services directly to Users. The Platform facilitates discovery and access to third-party Claims offered by Projects. Users do not pay theMiracle for access to the Platform or Claims.
12.4 DMCA Compliance (For U.S. Users). theMiracle respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512. If you believe that any content on the Platform infringes your copyright, please provide theMiracle with written notice containing the following information:
(a) A physical or electronic signature of the person authorized to act on behalf of the copyright owner;
(b) Identification of the copyrighted work claimed to have been infringed;
(c) Identification of the material that is claimed to be infringing and information sufficient to locate the material on the Platform;
(d) Your contact information, including address, telephone number, and email;
(e) A statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law; and
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
DMCA notices should be sent to: info@themiracle.io with the subject line "DMCA Notice."
12.5 GDPR Compliance. theMiracle processes Personal Data in compliance with the General Data Protection Regulation (GDPR) (EU) 2016/679, as detailed in the Privacy Policy. Key compliance measures include:
(a) Lawful Basis: theMiracle processes Personal Data based on legitimate interests (providing and improving the Platform), contractual necessity (performing obligations under these Terms), and User consent where required.
(b) Data Processor Role: theMiracle acts as a data Processor on behalf of Wallet Providers and Projects (Controllers). theMiracle processes Personal Data solely in accordance with documented instructions from Controllers and applicable data processing agreements.
(c) Data Subject Rights: Users have rights under GDPR, including rights of access, rectification, erasure, restriction, portability, and objection. These rights are exercised through the applicable Controller (Wallet Provider or Project). For questions, contact info@themiracle.io.
(d) Data Security: theMiracle implements appropriate technical and organizational measures to protect Personal Data against unauthorized access, loss, destruction, or alteration.
(e) Data Transfers: Personal Data may be transferred outside the European Economic Area (EEA). theMiracle ensures such transfers are protected by appropriate safeguards, including Standard Contractual Clauses approved by the European Commission.
(f) Data Retention: Personal Data is retained only as long as necessary for the purposes for which it was collected, as determined by Controllers. Aggregated and anonymized insights derived from Personal Data may be retained indefinitely for analytical purposes.
(g) Data Breach Notification: In the event of a data breach, theMiracle will notify affected Controllers in accordance with GDPR requirements and cooperate with Controllers in their notification obligations to data subjects and supervisory authorities.
12.6 Age Verification and Child Protection. As stated in Article 2.2, Users must be at least sixteen (16) years of age to access or use the Platform. theMiracle does not knowingly collect Personal Data from individuals under sixteen (16) years of age. If theMiracle becomes aware that it has inadvertently collected Personal Data from a person under sixteen (16), theMiracle will take steps to delete such data promptly and notify the relevant Controller. Parents or guardians who believe their child has provided Personal Data through the Platform should contact theMiracle at info@themiracle.io.
12.7 Cooperation with Authorities. theMiracle cooperates with law enforcement, regulatory authorities, and other governmental bodies as required by law. theMiracle may disclose User information, including Personal Data, in response to lawful requests, subpoenas, court orders, or legal processes, or to protect the rights, property, or safety of theMiracle, Users, or others.
12.8 Changes to Compliance Practices. theMiracle may update its compliance practices from time to time to reflect changes in applicable laws and regulations. Material changes will be communicated through updates to these Terms or the Privacy Policy.
ACCEPTANCE ACKNOWLEDGMENT
BY CLICKING "I ACCEPT," ACCESSING, OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. YOU FURTHER ACKNOWLEDGE THAT YOU ARE AT LEAST SIXTEEN (16) YEARS OF AGE AND THAT YOU HAVE THE LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE PLATFORM.
IN WITNESS WHEREOF, the User has indicated acceptance of these Terms by clicking "I Accept" or by accessing or using the Platform.Content# TERMS OF SERVICE
Last Updated: January 30, 2025
