Terms Of Service - TradeStrike

Terms and Data Management

Last Updated: November 11, 2022

1. Definitions.

StrikeX.bvi Ltd (“The company,” “we,” “us,” or “our.”)

StrikeX wallet (‘Wallet,’ ‘App,’ ‘the App.’)

2. Agreement to terms.

By running this App & or creating or importing a locally hosted wallet you hereby expressly acknowledge that (i) you have read and understood these Terms; (ii) you agree to be bound by these Terms; and (iii) you are legally competent to enter into these Terms. If you do not agree to be bound by these Terms or any modifications to these Terms, you may not access or use the StrikeX wallet.

3. Eligibility.

You hereby represent and warrant that you are above the age of 18, fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms. If you are using our Services on behalf of a legal entity, you further represent and warrant that: (i) the legal entity is duly organised and validly existing under the applicable laws of the jurisdiction of its organisation; and (ii) you are duly authorised by such legal entity to act on its behalf. You can only use our Services if permitted under the laws of your jurisdiction. Please make sure that these Terms are in compliance with all laws, rules, and regulations that apply to you. By using our wallet, you represent and warrant that you meet all eligibility requirements that we outline in these Terms. We may still refuse to let certain people access or use our Wallet, however, and we reserve the right to change our eligibility criteria at any time.

4. Account Password & Security.

When creating or importing a wallet on the App, you will be responsible for keeping your own account secrets, which may be a twelve-word seed phrase, an account file, or other locally stored secret information. You agree to (i) never use the same pin for the StrikeX wallet that you have ever used outside of this service, (ii) keep your secret information and pin confidential and do not share them with anyone else and (iii) immediately notify StrikeX of any unauthorised use of your account or breach of security. The company cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

5.1 Warranty Disclaimer

You expressly understand and agree that your use of the App & any of its services is at your sole risk. The services (including, the App and its Services) are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. You acknowledge that the company has no control over, and no duty to take any action regarding: which users gain access to or use the Services; what affects the App may have on you; how you may interpret or use the App; or what actions you may take as a result of having been exposed to the App. You release the company from all liability for you having acquired or not acquired the App or its services. The company makes no representations concerning any content contained in or accessed through the services, and the company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the App.

We do not represent or warrant that access to the App or its services will be continuous, uninterrupted, timely or secure. You acknowledge and accept that the services (i) may contain bugs, errors and defects, (ii) may function improperly or be subject to periods of downtime and unavailability, (iii) may result in total or partial loss or corruption of data and (iv) may be modified at any time, including through the release of subsequent versions, all with or without notice to you.

You acknowledge that the company is not responsible for transferring, safeguarding, or maintaining your private keys or any digital currency associated therewith. If you lose, mishandle or have stolen associated digital currency private keys, you acknowledge that you may not be able to recover associated digital currency, and that the company is not responsible for such loss. You acknowledge that the company is not responsible for any loss, damage or liability arising from your failure to comply with the terms hereunder.

5.2 Sophistication and Risk of Cryptographic Systems

By utilising the App or its Services or interacting with the Content or App in any way, you represent that you understand the inherent risks associated with cryptographic systems; and warrant that you have an understanding of the usage and intricacies of native cryptographic tokens including but not limited to Ether (ETH) and Bitcoin (BTC), Solana (SOL) & BNB (BSC) as well as smart contract based tokens typically hosted on the aforementioned networks.

5.3 Risk of Regulatory Actions in One or More Jurisdictions

You acknowledge the company and any supported cryptographic token and blockchain could be impacted by one or more regulatory inquiries or regulatory action, which could

impede or limit the ability of the company to continue to develop, or which could impede or limit your ability to access or use the Services or the underlying blockchain network.

5.4 Risk of Weaknesses or Exploits in the Field of Cryptography

You acknowledge and understand that Cryptography is a progressing field. Advances in code cracking or technical advances such as the development of quantum computers may present risks to cryptocurrencies and Services of Content, which could result in the theft or loss of your cryptographic tokens or property. To the extent possible, the company intends to update the services to account for any advances in cryptography and to incorporate additional security measures, but does not guarantee or otherwise represent full security of the system. By using the services or accessing content, you acknowledge these inherent risks.

5.5 Volatility of Cryptocurrencies

You understand that blockchain technologies and associated cryptographic tokens are highly volatile due to many factors including but not limited to adoption, speculation, technology and security risks. You also acknowledge that the cost of transacting on such technologies is variable and may increase at any time causing impact to any activities taking place on the blockchain network. You acknowledge these risks and agree that the company cannot be held liable for such fluctuations or increased costs.

5.6 Application Security

You further acknowledge that blockchain applications are code subject to flaws and acknowledge that you are solely responsible for evaluating any code provided by the services and the trustworthiness of any third-party websites, products, smart-contracts,

or content you access or use through the services. You further expressly acknowledge and represent that blockchain applications can be written maliciously or negligently, that the company cannot be held liable for your interaction with such applications and that such applications may cause the loss of property or even identity. This warning and others later provided by the company in no way evidence or represent an on-going duty to alert you to all of the potential risks of utilising the Services or content.

5.7 Swaps

You acknowledge that the swaps functionality carries risks outside of the company’s control. Swaps interacts with, and relies on, third party services. We make no representations or warranties of any kind regarding any third party services, including but not limited to representations and warranties of compliance, availability, or security. You acknowledge and agree that your use of swaps subjects you to the terms of service of any third party application and that you are solely responsible for evaluating each application. The StrikeX wallet is not an exchange and we do not offer exchange services of any kind. You expressly acknowledge and agree that as the wallet is non-custodial software, you are solely responsible for your activity and any risk of loss at all times, including when using swaps. As non-custodial software, we make no representations or warranty that the swaps feature is compliant with laws in any jurisdiction, and you are solely responsible for making any such determination with respect to your use of swaps.

You explicitly represent and agree that you understand the contents of this section and you further agree to hold us harmless for any losses or other harm you may incur from your use of the swaps functionality or from any third party services.

5.8 Payment gateway issuers.

You acknowledge that the On/Off- ramp feature carries risks outside of the company’s control. The On/Off-ramp feature interacts with, and relies on, third party services. We make no representations or warranties of any kind regarding any third party services, including but not limited to representations and warranties of compliance, availability, or security. You acknowledge and agree that your use of the On/Off-ramp feature subjects you to the terms of service of any third party application and that you are solely responsible for evaluating each application. StrikeX.bvi Ltd is not a payment gateway provider nor do we transact with currency of any kind on behalf of the user. You expressly acknowledge and agree that as the App is non-custodial software, you are solely responsible for your activity and any risk of loss at all times, including when using the On/Off-ramp feature. We make no representations or warranty that the On/Off ramp feature is compliant with laws in any jurisdiction, and you are solely responsible for making any such determination with respect to your use of this feature.

You explicitly represent and agree that you understand the contents of this section and you further agree to hold us harmless for any losses or other harm you may incur from your use of the On\Off-ramp feature or from any other third party services.

5.9 D’apps

You acknowledge that connecting to any third party D’app carries risks outside of StrikeX.bvi’s control. D’apps are solely, third party services. We make no representations or warranties of any kind regarding any third-party services, including but not limited to representations and warranties of compliance, availability, or security.

You acknowledge and agree that your use of D’apps subjects you to the terms of service of any third-party application and that you are solely responsible for evaluating each application.

5.10 Other third party services.

You acknowledge software and services provided by our affiliates (“Affiliated Services”) and third-party software and services (“Third Party Services”) included in, integrated into, or made accessible through our App are made available to you under the terms of use of each individual external service.

By using any Additional Services, you acknowledge that (i) you have read and agree to the terms of use that apply to such additional services and (ii) you may be exposed to the risks inherent in such additional services. Such risks include, but are not limited to, delays in or inability to access funds or cryptographic tokens held by such parties or loss of funds of cryptographic tokens. You agree that StrikeX.bvi is not responsible for any such liability.

Service Providers may charge you a fee for use of, or access to, such additional services. You acknowledge that StrikeX.bvi may earn fees from Service Providers in connection with your use of such additional services.

You agree that the company are not in any way associated with the owner or operator of any Third Party Services or responsible or liable for the software and services offered by them or for anything in connection with such Third Party Services. The company does not endorse or approve and makes no warranties, representations or undertakings relating to the software, service or content of any Third Party Services.

In addition, StrikeX.bvi disclaims liability for any loss, damage and any other consequence resulting directly or indirectly from or relating to your use or access of Third Party Services or any information that you may provide or any transaction conducted with or through the Third Party Services or the failure of any information, software or services posted or offered by such Service Providers or any error, omission or misrepresentation by such Service Providers or any computer virus arising from or system failure associated with the Third Party Services.

You acknowledge and agree that your use of D’apps subjects you to the terms of service of any third-party application and that you are solely responsible for evaluating each application.

6. Blockchain Services.

The StrikeX wallet is a software that (i) generates Wallet addresses and encrypted private keys that you may use to send and receive cryptographically secure tokens.; (ii) allows you to connect to third party decentralised applications (“DApps.”) and (iii) facilitates the submission of Virtual Currency transaction data to a variety of blockchains.

An encrypted backup of certain information associated with the Wallet can be stored on your device in Keystore JSON format. The private key is connected to the Wallet address and, together, they can be used to authorise the transfer of Virtual Currency to and from that Wallet address. You are solely responsible for maintaining the security of your private key and any mnemonic seed phrase associated with your Wallet. You must keep your Wallet address, seed phrase, and private key access information secure.

Failure to do so may result in the loss of control of Virtual Currency associated with the Wallet. The company cannot assist with private key, seed phrase or login pin retrieval. The company stores your Wallet address but does not receive or store your Wallet password, encrypted private key, unencrypted private key, or seed phrase associated with your Wallet. We cannot, therefore, assist you with retrieval. We cannot generate a new pin for your wallet if you fail to remember your original pin. If you have not safely stored a backup of any Wallet address and private key pairs maintained in your Wallet, you accept and acknowledge that any Virtual Currency you have associated with such a Wallet address will become inaccessible if you do not have your Wallet pin and or seed phrase.

In order to be completed, all proposed Virtual Currency transactions must be confirmed and recorded in the Virtual Currency’s associated public blockchain. Such networks are decentralised, peer-to-peer networks supported by independent third parties, which we do not own, control, or operate. We have no control over the supported Networks within the StrikeX wallet and, therefore, cannot and do not ensure that any transaction details that you submit via our services will be confirmed and processed. By using our App, you acknowledge and agree that the transaction details you submit may not be completed, or may be substantially delayed, by the associated networks.

Accuracy of Information Provided by User. You represent and warrant that any information you provide via the services is accurate and complete. You accept and acknowledge that we are not responsible for any errors or omissions that you make in connection with any Virtual Currency transaction initiated via the Services. We strongly encourage you to review your transaction details carefully before attempting to transfer a Virtual Currency.

You acknowledge and agree that your use of D’apps subjects you to the terms of service of any third-party application and that you are solely responsible for evaluating each application.

7. Indemnity

You agree to release and to indemnify, defend and hold harmless StrikeX.bvi, our parent company StrikeX Technologies Ltd, our partners, our affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of

the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys’ fees and court costs) claims or actions of any kind whatsoever arising or resulting from your use of the Services, your violation of these Terms, and any of your acts or omissions that implicate publicity rights, defamation or invasion of privacy. The company reserves the right, at its own expense, to assume exclusive defence and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with the company the defence of such matter.

8.1 Our Proprietary Rights

All title, ownership and intellectual property rights in and to the services are owned by StrikeX.bvi or its licensors. You acknowledge and agree that the services contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorised by the company, you agree not to copy, modify, rent, lease, loan, sell, distribute, perform, display or create derivative works based on the App or the Services within, in whole or in part

8.2 Limited Licence

We grant you limited, non-exclusive, revocable permission to make use of the App and the Services (collectively, “Access”). This Access shall remain in effect until and unless terminated by you or us. You agree that you will not redistribute or transfer the Services.

The App and the Services are not sold or transferred to you, and company and its licensors retain ownership of all copies of the software installation on your personal computers, mobile handsets, tablets, wearable devices, speakers and/or other devices (“Devices”).

All our trademarks, service marks, trade names, logos, domain names, and any other features of the our brand are the sole property of StrikeX.bvi or its licensors. The Terms do not grant you any rights to use any Brand Features whether for commercial or non-commercial use.

You agree to abide by our user guidelines and not to use the Services or any part thereof in any manner not expressly permitted by the Terms. Except for the rights expressly granted to you in the Terms, the company grants no right, title, or interest to you in the App or the Services.

Third party software (for example, open source software libraries) included in the Services are made available to you under the relevant third party software library’s licence terms.

Notwithstanding anything herein to the contrary, nothing in the Terms entitles you to copy, modify, fork, merge, combine with another program or create a derivative work of the Services, including without limitation the App.

9. No Third-Party Beneficiaries

You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to the Terms.

10. Termination and Suspension

The company may terminate or suspend all or part of the Services and your StrikeX wallet access immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms. Upon termination of your access, your right to use the Services will immediately cease

11. Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT

11.1 Initial Dispute Resolution

The parties shall use their best efforts to engage directly to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration.

11.2 Binding Arbitration

If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution under the Initial Dispute Resolution provision begins, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Services shall be finally settled by binding arbitration administered by the International Chamber of Commerce’s International Court of Arbitration accordance with the provisions of its Commercial arbitration rules and the supplementary procedures for consumer related disputes of the ICC excluding any rules or procedures governing or permitting class actions.

The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgement in any court of competent jurisdiction.

11.3 Location

Binding arbitration shall take place in London, United Kingdom. You agree to submit to the personal jurisdiction court in London, United Kingdom, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgement on the award entered by the arbitrator.

No matter where you’re located, the laws of the United Kingdom will govern these Terms and the parties’ relationship as if you signed these Terms in the United Kingdom. If any provisions of these terms are inconsistent with any applicable law, those provisions will be superseded or modified only to the extent such provisions are inconsistent. The parties agree to submit to the UK courts exclusive jurisdiction of any dispute arising out of or related to your use of the Services or your breach of these Terms. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue, or forum non convenience in any such action.

11.4 Collective Action Waiver

The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a collective action or other representative action, and the parties expressly waive their right to file a collective action or seek relief on a collective basis. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR COLLECTIVE MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the collective action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a collective basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

11.5 Exception – Litigation of Intellectual Property and Small Claims Court Claims

Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in any UK court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

11.6 30-Day Right to opt Out

You have the right to opt-out and not be bound by the arbitration and collective action waiver provisions set forth above by sending written notice of your decision to opt-out to StrikeX.bvi The notice must be sent within 30 days of your first use of the App, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those

paragraphs. If you opt-out of these arbitration provisions, the company also will not be bound by them.

11.7 Changes to this Section

The company will provide 60-days’ notice of any changes to this section. Changes will become effective on the 60th day and will apply prospectively only to any claims arising after the 60th day.

11.8 Time limitation on claims.

You agree that any claim you may have arising out of or related to your relationship with the company must be filed within one year after such claim arises, otherwise, your claim is permanently barred.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR ANY OF OUR OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS, SERVANTS, COUNSEL, EMPLOYEES, CONSULTANTS, LAWYERS, AND OTHER PERSONNEL AUTHORISED TO ACT, ACTING, OR PURPORTING TO ACT ON OUR BEHALF BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR: (i) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM: (ii) YOUR USE OF, OR CONDUCT IN CONNECTION WITH, OUR

SERVICES; (iii) ANY UNAUTHORISED USE OF YOUR WALLET ADDRESS AND/OR PRIVATE KEY DUE TO YOUR FAILURE TO MAINTAIN THE CONFIDENTIALITY OF YOUR WALLET; (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; OR (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT ARE FOUND IN THE TRUST WALLET SOFTWARE OR THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (vi) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF: (vii) FEES PAID TO US FOR THE APPLICABLE PRODUCTS. THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

13. Marketing Disclaimer.

Any marketing material on our website and/or any of our applications, (whether it states any opinions or not) is for general information purposes only and does not consider your personal circumstances or objectives. Nothing in this material is (or should be considered to be) financial, investment or other advice on which reliance should be placed. No opinion given in the material constitutes a recommendation by StrikeX.BVI Ltd or the author that any particular investment, cryptocurrency, transaction, or investment strategy is suitable for any specific person.
Although the information set out on this website and/or application is obtained from sources believed to be reliable, StrikeX.BVI Ltd does not guarantee its accuracy or completeness. All information is indicative and subject to change without notice and may be out of date at any given time. StrikeX.BVI Ltd shall not be responsible for any loss that you may incur, either directly or indirectly, arising from any investment based on any information contained herein.
This material may include charts displaying financial instruments’ past performance as well as estimates and forecasts. Any information relating to past performance of an investment does not necessarily guarantee future performance.

ASSIGNMENT

You agree that we may assign any of our rights and/or transfer, sub-contract, or delegate any of our obligations under these Terms. Your agreement to these Terms are personal to you and you may not transfer or assign it to any third party.

ENTIRE AGREEMENT

This Agreement sets forth the entire understanding and agreement as to the subject matter hereof and supersedes any and all prior discussions, agreements, and understandings of any kind (including, without limitation, any prior versions of this Agreement) and every nature between us.

DATA MANAGEMENT

We do not hold or collect any personal data of individuals that could be deemed private and sensitive, as this information is freely and readily available via the transparent blockchain. Any information captured through the use of our product is, without interference, stored in a temporary cache on our servers in order to increase the performance and effectiveness of our product.

However, if you would like to request that any of the cached information related to your wallet ID is removed from our application servers, please click the button below and follow the instructions to request your information is removed.

Please note, once created, any wallet and associated transaction data cannot be deleted by StrikeX BVI as the information is stored on the relevant decentralised blockchain.

Wallet EULA

The StrikeX Wallet application and its accompanying online or electronic documentation (“App”) have been produced by and are the property of StrikeX.BVI Ltd (“The company,” “we,” “us,” or “our.”).

THE EULA FORM A BINDING AGREEMENT BETWEEN YOU (“YOU”) AND US. YOUR USE OF THE APP IS CONDITIONAL ON THE TERMS AND CONDITIONS SET OUT IN THIS EULA, SO PLEASE READ THEM CAREFULLY.

BY USING THE APP YOU ARE AGREEING TO BE BOUND BY AND BECOME A PARTY TO THIS EULA AND THE PRIVACY POLICY. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS EULA OR PRIVACY POLICY YOU SHOULD NOT USE THE APP.

1. Important Terms

1.1 Some of the most prominent risks associated with crypto, as set out in clause 3.

1.2 Details on the terms governing your User Account, as set out at clause 4.

1.3 The limitation applicable to our liability, as set out in clause 14.

2. About The App

2.1 The App enables users to generate and store private keys to their own cryptographic wallets (“Wallet”), and to access their Wallet to view their balance and to initiate transactions for the transfer of cryptographic assets.

2.2 While the App enables users to make crypto transactions, please note that the company is not a money transmitter or a money services business.

2.3 The privacy policy is in an important document which governs our use of the personal and anonymous data that we may or may not obtain from your use of the App.

3. About Cryptocurrency

3.1 Cryptocurrency may not be appropriate for everyone. Before making use of cryptocurrency you should learn about them to ensure they are appropriate for you. As with all currencies, there are risks associated with its use. Some of the risks particular to cryptocurrency include:

3.1.1 loss of cryptocurrency due to hardware malfunction – if the hardware on which the App is stored (“Hardware”) breaks, you could lose the crypto stored on hardware;

3.1.2 currency fluctuation – the price of cryptocurrency may fall sharply and may even fall to zero;

3.1.3 cryptocurrency transactions may be unconfirmed for a period of time. Although very unlikely, some cryptocurrency transactions may never be confirmed – cryptocurrency transactions which are unconfirmed are not completed;

3.1.4 cryptocurrency transactions are irreversible – if you send cryptocurrency to the wrong person, you may be unable to recover it;

3.1.5 cryptocurrency may be lost if you lose or forget any PINs or passwords necessary to access and spend it;

3.1.6 unknown technical defects inherent in cryptocurrency; and

3.1.7 new regulation which impacts on cryptocurrency use.

3.2 By agreeing to this EULA or by using the App, you are indicating your acknowledgment and acceptance of the risks associated with cryptocurrency.

4. User Accounts

4.1 By using the App, you confirm that you are over 18 years of age.

4.2 When the wallet is created, we will also allocate you with a corresponding “Recovery Phrase”. The Recovery phrase enables any cryptocurrency sent to the App wallet to be spent. For security reasons, WE DO NOT KEEP a backup of your Recovery Phrase.

4.4 IF YOUR RECOVERY PHRASE IS LOST OR DELETED, YOU WILL BE UNABLE TO ACCESS YOUR WALLET OR CORRESPONDING CRYPTOCURRENCY WITHIN. More information on how you can backup your own Recovery Phrase is set out below.

4.5 You have the option to use a PIN (or other security measures which may make available to you from time to time) to secure access to the App. If you activate the PIN, it will be required access your cryptocurrency.

4.6 Your PIN is personal to you and must not be disclosed to any other person. We are entitled to assume that any use of the App is made by you. You are solely responsible and liable for any use of the App.

4.7 IT IS UP TO YOU TO TAKE WHATEVER SECURITY MEASURES YOU THINK NECESSARY TO ENSURE THAT YOUR PIN AND THE HARDWARE ARE SECURE. WE ARE NOT LIABLE FOR ANY IMPROPER USE OF THE APP OR YOUR PIN BY YOU OR ANY OTHER PERSON. IF YOU THINK ANY OTHER PERSON KNOWS YOUR PIN, OR THAT YOUR HARDARE HAS BEEN USED OR ACCESSED BY ANY OTHER PERSON WITHOUT YOUR PERMISSION, YOU MUST CHANGE YOUR PIN AND INFORM US IMMEDIATELY.

5. Your Use Of The App

5.1 As a condition of using the App, our privacy policy shall apply. You confirm that you have read the privacy policy.

5.2 Subject to the privacy settings in the App which you set, we may send you push notifications whilst the App is installed.

5.3 When making transactions using the App, you are responsible for determining what tax should or should not be applied, paid, reported or collected.

5.4 You must not (whether yourself or through a third party acting on your behalf or for your benefit), attempt, whether or not successfully, to:

5.4.1 reproduce, distribute, publicly display or perform, translate, modify, adapt, create derivative works from, deconstruct, reverse engineer, decompile or disassemble in any manner any Further Features which may be made available subject to clause 10 or any part of any of them, including but not limited to any character, graphic, associated software or proprietary communications protocol used by the software or any utilities, applications, emulators or tools derived therefrom;

5.4.2 mine, buy, sell, exchange, hold, own or otherwise use or exploit crypto in any way which is prohibited by the laws, regulations or regulatory guidance which apply to you. You are responsible for remaining aware of any changes to applicable laws, regulations or regulatory guidance;

5.4.3 defraud us or any of our other users or access any information which belongs to us or any of our other users; or

5.4.4 use the App in a way which causes unreasonable demands on our technology or technical infrastructure, or breach or circumnavigate any of our security measures.

6. Backing Up

6.1 The App allows you to view your secret recovery phrase, WE STRONGLY RECOMMEND THAT YOU CREATE A PHYSICAL BACKUP OF THIS RECOVERY PHRASE.

6.2 IT IS UP TO YOU TO TAKE WHATEVER SECURITY MEASURES YOU THINK NECESSARY TO ENSURE THAT YOUR BACKUP IS SECURE. WE ARE NOT LIABLE FOR ANY IMPROPER USE OF YOUR BACKUP BY YOU OR ANY OTHER PERSON.

7. Ownership Of The App And Content

7.1 All intellectual property in the App, except for User Content (please see clause 9) is owned by us and/or our licensors.

7.3 All intellectual property rights in the Further Features and content on the Further Features (except for User Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (” Content“) belongs to us and/or our licensors. All of our rights are reserved.

7.4 You are not sold the App, the Further Features or any Content, but are granted a personal licence to use the same in accordance with this EULA.

Links To Websites, Other Apps And Third Party Services

8.1 Where we make available links to other websites or apps in the App, such links are provided for your information and convenience only. We are not responsible for the content or performance of the linked website or app, and you are responsible for reviewing the linked website’s or app’s terms of use or privacy policy.

8.2 If you permit any third party to access the App (whether this access is enabled through the App itself or through a third party application), you acknowledge that you remain solely responsible for any actions or omissions enabled by the grant of your permission.

9. User Content

9.1 To the extent that the App allows you to publish any content, data or other information (“User Content”), then you acknowledge that we may copy, store, adapt, modify, and use the User Content to enable us to provide the App and the User Content to you and others (as applicable).

9.2 You retain all ownership of your User Content that you upload, and you are free to use it elsewhere.

9.3 You hereby grant us a non-exclusive, irrevocable and perpetual, royalty free, worldwide, sub-licensable and transferable right to copy, adapt, modify and use the User Content, and you acknowledge that we may make the User Content available to other users of the App.

9.4 You confirm that any User Content shall be your own original work and you shall not infringe the intellectual property rights or privacy rights of any third party or defame any person.

9.5 To the extent that the App allows you to message or communicate with other users of the App, then you must take care in the type of information you wish to share. For example, you should only share personal information or your contact details with people you trust. You must not send any abusive or offensive material. We do not moderate any communications that you may send from the App or which may be sent to you.

9.6 We will use your User Content in accordance with our privacy policy.

9.7 After you delete the App, your User Content shall remain on our servers for a limited period of time as part of our backup system unless specifically requested to be removed.

10. Further Features

10.1 We may in the future offer further content or features for you to purchase and/or download and use in the App (“ Further Features”). Further Features are a part of the App. If you agree to purchase and/or download Further Features, we grant you a non-exclusive, personal, revocable, non-transferable license to use the Further Content in the App on the terms of this EULA.

10.2 Further Features may be made available subject to additional terms, which we will notify to you before you purchase and/or download any Further Features.

11. System Requirements

This App has been developed to work on the latest version of the Apple iOS and Google Android operating systems (“OS”) at the time of its release. OS may from time to time update the operating system, and we will endeavour, but not be obligated, to update the App if applicable to ensure that its functionality and performance continues with any updated release. It is your obligation to ensure that you are using the latest public release of the software.

12. Indemnity

12.1 You agree to indemnify us and keep us indemnified from and against all claims, damages, expenses, costs and liabilities (including legal fees) relating to or arising from:

12.1.1 your use of the App;

12.1.2 any actions or omissions of any third party that accesses the App (whether this access is enabled through the App itself or through a third party application); and

12.1.3 any breach or suspected breach of this EULA by you or from your violation of any law or the rights of any third party.

13. Term And Termination

13.1 This EULA takes effect upon your download and/or use of the App and remains effective until terminated by either of us. You may terminate this EULA at any time by removing the App from the Hardware on which it is installed. The EULA shall automatically terminate if you fail to comply with any term or condition of this EULA. Upon termination you shall cease all use of the App and delete all copies of the App. YOU SHOULD NOT DELETE THE APP WITHOUT HAVING BACKED-UP YOUR RECOVERY PHRASE.

13.2 The following clauses of the EULA shall survive termination: Clause 7 (Ownership), Clause 12 (Indemnity), Clause 13 (Term and Termination), Clause 14 (Limitation of Liability) and Clause 15 (General Provisions).

14. Our Limitations Of Liability

14.1 THE APP IS PROVIDED ‘AS IS’ AND ON AN ‘AS AVAILABLE’ BASIS WITHOUT ANY REPRESENTATION, ENDORSEMENT OR WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND/OR ACCURACY.

14.2 WE DO NOT GUARANTEE THAT (I) THE APP WILL BE FREE OF ERRORS, VIRUSES, BUGS OR OTHER DEFECTS; OR (II) THAT THE APP OR ANY INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE APP OR IN THE DOCUMENTATION WILL BE ACCURATE OR COMPLETE; OR (III) THAT ANY DEFECTS IN THE APP WILL BE CORRECTED.

14.3 YOU ACKNOWLEDGE THAT RELIANCE ON ANY SUCH INFORMATION SHALL BE AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT THE APP HAS NOT BEEN DEVELOPED TO MEET YOUR INDIVIDUAL REQUIREMENTS AND THAT IT IS THEREFORE YOUR RESPONSIBILITY TO ENSURE THAT THE FACILITIES AND FUNCTIONS OF THE APP MEET YOUR REQUIREMENTS.

14.4 TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING IN YOUR LOCAL JURISDICTION, WE EXCLUDE ALL LIABILITY FOR ANY LOSS OR DAMAGE, WHETHER SUFFERED DIRECTLY OR INDIRECTLY, IMMEDIATELY OR CONSEQUENTIALLY AND WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, INCLUDING ANY:

14.4.1 SPECIAL DAMAGE EVEN IF THE SUPPLIER WAS AWARE OF THE CIRCUMSTANCES IN WHICH SUCH SPECIAL DAMAGE COULD ARISE;

14.4.2 LOSS OF PROFITS;

14.4.3 LOSS OF ANTICIPATED SAVINGS;

14.4.4 LOSS OF BUSINESS OPPORTUNITY;

14.4.5 LOSS OF GOODWILL;

14.4.6 LOSS OR CORRUPTION OF DATA,

14.4.7 LOSS ARISING OUT OF OR IN CONNECTION WITH ANY OF THE RISKS SET OUT IN CLAUSE 3.

14.5 WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY OR AS A RESULT OF THE DEVICE ON WHICH THE APP IS RUN OR BY ANY PRODUCTS OR SERVICES PAID FOR WITH THE SERVICES OF THE APP OR THE ACT OR OMISSIONS OF ANY SELLER OF ANY PRODUCTS OR SERVICES PAID FOR WITH THE SERVICES OF THE APP.

14.6 OUR LIABILITY TO YOU, TO THE EXTENT WE CANNOT EXCLUDE IT ENTIRELY, SHALL, WHERE PERMISSIBLE BY LAW, BE LIMITED TO THE FULLEST EXTENT.

14.7 NOTHING IN THIS EULA SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR FRAUDULENT MISREPRESENTATIONS OR FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE OR THE NEGLIGENCE BY US, OR ANY LIABILITY NOT CAPABLE OF LIMITATION BY APPLICABLE LAW.

15. General Provisions

15.1 This EULA sets out the complete understanding and agreement between us and you. No waiver by us of any failure by you to comply with or perform a provision of EULA shall be deemed to be a waiver of any preceding or succeeding failure. In the event that any of the provisions of this EULA are held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

15.2 This EULA is personal to you. You may not assign, sub-licence, transfer or dispose of the rights licensed under this agreement.

15.3 We may change this EULA for any reason. We will notify you of any changes and you will be required to accept the changes to continue to use the App.

15.4 If any provision of this EULA is found by a court or regulator to be invalid or unenforceable the other provisions shall continue to apply.

15.5 Binding arbitration shall take place in London, United Kingdom. You agree to submit to the personal jurisdiction court in London, United Kingdom, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgement on the award entered by the arbitrator. No matter where you’re located, the laws of the United Kingdom will govern these Terms and the parties’ relationship as if you signed these Terms in the United Kingdom. If any provisions of these terms are inconsistent with any applicable law, those provisions will be superseded or modified only to the extent such provisions are inconsistent. The parties agree to submit to the UK courts exclusive jurisdiction of any dispute arising out of or related to your use of the Services or your breach of these Terms. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue, or forum non convenience in any such action. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgement in any court of competent jurisdiction.

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