Last updated: May 16th, 2025

Acceptance of These Terms of Service

Tuyo, Inc. (“Tuyo”, “we”, “us”, or “our”) provides our services (described below) and related content to you through our website(s) located at https://tuyo.com/ (the “Site”) and through our mobile applications and related technologies (“Mobile Apps”, and collectively, such Mobile Apps and the Site, including any updated or new features, functionality and technology, the “Service”). All access and use of the Service is subject to the terms and conditions contained in these Terms of Service (as amended from time to time, these “Terms of Service”). By accessing, browsing, or otherwise using the Site, Mobile Apps, or any other aspect of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not accept the terms and conditions of these Terms of Service, you will not access, browse, or otherwise use the Service.

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms of Service were last revised. You may read a current, effective copy of these Terms of Service by visiting the “Terms of Service” link on the Site. We will also notify you of any material changes, either through the Service user interface, a pop-up notice, email, or through other reasonable means. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. You should periodically visit this page to review the current Terms of Service so you are aware of any revisions. If you do not agree to abide by these or any future Terms of Service, you will not access, browse, or use (or continue to access, browse, or use) the Service.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST TUYO ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

Your Privacy: At Tuyo, we respect the privacy of our users. For more information please see our Privacy Policy, located at https://api.tuyo.com/legal/privacy-policy (the “Privacy Policy”). By using the Service, you consent to our collection, use and disclosure of personal data and other data as outlined therein.

Additional Terms: In addition, when using certain features through the Service, you will be subject to any additional terms applicable to such features that may be posted on or within the Service from time to time. For example, your use of the Tuyo Card is subject to the Tuyo Cardholder Agreement (United States) or Tuyo Cardholder Agreement (International), as applicable, available at https://about.tuyo.com/. All such terms are hereby incorporated by reference into these Terms of Service.

Eligibility and Registration

Eligibility: To access and use the Service, you must be at least eighteen (18) years old and have the legal capacity to enter into binding contracts. By using the Service, you represent and warrant that you (i) are at least eighteen (18) years of age, (ii) are not a resident of, or located in, any jurisdiction that is subject to U.S. government embargoes or sanctions, including but not limited to jurisdictions designated by the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC), (iii) are not listed on any U.S. government list of prohibited or restricted parties, including the Specially Designated Nationals List, and (iv) will comply with all applicable laws and regulations in connection with your use of the Service. Tuyo may suspend or terminate your access to the Service at any time if it determines, in its sole discretion, that you do not meet these eligibility requirements.

Your Registration Obligations: You may be required to register with Tuyo or provide information about yourself (e.g., name and email address) in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy.

Member Account, Password, and Security: You are responsible for maintaining the confidentiality of your account details, including the private key for your digital wallet, and are fully responsible for any and all activities that occur under your account. You agree to immediately notify Tuyo of any unauthorized use of your account or any other breach of security. Tuyo and its current and future affiliates (collectively, “Tuyo Affiliates”) will not be liable for any loss or damage arising from your failure to comply with this paragraph.

Non-Custodial: The Service is a purely non-custodial application, meaning we do not ever have custody, possession, or control of your digital assets at any time. It further means you are solely responsible for the custody of the cryptographic private keys to the digital asset wallets you hold and you should never share your wallet credentials or seed phrase with anyone. We accept no responsibility for, or liability to you, in connection with your use of your digital wallet. You are solely responsible for any associated wallet and we are not liable for any acts or omissions by you in connection with or as a result of your wallet being compromised.

No Fiduciary Duties: This Agreement is not intended to, and does not, create or impose any fiduciary duties on us. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and obligations that we owe you are those set out expressly in this Agreement.

Use of Tuyo Services

The Service may allow you to access certain features, functionality or other services that are subject to their own terms and conditions. Accessing these additional services may carry additional risk, and you should only use them if you fully understand the services provided, agree to the risks associated with their use, and accept the legal terms associated with the additional services.

Tuyo Card: The Mobile Apps may give you access to manage the Tuyo Card, which is issued by a third party card issuer (“Issuer”). Your eligibility for, and use of the Tuyo Card, is subject to the terms and conditions disclosed to you during the card account opening process and such other terms made available to you by us or the Issuer.

Self-Custodial Wallet: When you sign up for the Mobile App, you will be asked to create a non-custodial wallet to hold your digital assets (the “Wallet”). At all times you will retain control and ownership over your tokens to the Wallet. You understand Tuyo does not retain any copy of your private key or maintain custody of the digital assets associated with your Wallet. You will bear all risk of loss of such digital assets. Tuyo will have no liability to you for the loss or change in value of the digital assets in the Wallet. In the event that your access to the Mobile App is suspended you can utilize tokens by exporting your wallet or withdrawing funds via the block explorer on the applicable blockchain.

Digital Asset Transfer: Through the Mobile Apps, you will be able to transfer digital assets from the Wallet to third parties or request third parties to transfer digital assets to the Wallet. All transfer transactions are executed and confirmed on public blockchains, and are irreversible. Tuyo does not control any blockchain network and does not guarantee a transfer transaction will be confirmed by a network, and will have no liability to you if a transaction is not processed correctly by the network. You and your counterparties are solely responsible for executing the transactions properly. When you send digital assets from your Wallet to an external wallet, such transfers are executed at your instruction. You should verify all transaction information prior to submitting instructions. Tuyo will have no liability to you in the event you enter an incorrect blockchain address or make a transfer to an incompatible wallet. We reserve the right to restrict your ability to submit transactions through the Service if required by law or if it is reasonably necessary to protect the security of our system or to prevent fraudulent activities. You are solely responsible for any network fees to process your transfer requests.