BitKeep Global Inc. User Agreement
These Terms of Service ("ToS") constitute a legal agreement between the user of our products and services ("user" or "you") and the Company ("We"). It applies when a user downloads, installs and uses or visits BitKeep available for download in the Google Play Store and AppStore, and/or the services provided through the App.
We prepared these ToS to help explain the terms that apply to your use of the Service.
By visiting the Site, downloading the App, or otherwise using the Service, you indicate your agreement to be bound by these ToS. If you do not agree with these ToS, you must not use the Service, and uninstall the App if you have already downloaded it.
3. Notice Regarding Dispute Resolution
These ToS contain profvisions that govern how claims you and we may have against each other are resolved, including an agreement and obligation to arbitrate disputes, which, subject to limited exceptions, will require you to submit claims you have against us to binding arbitration, unless you opt-out of arbitration as described below.
4. Updates to these ToS
We may modify these ToS from time to time. We will notify you of material changes in accordance with applicable laws. If you do not agree with the proposed changes, you should discontinue your use of the Service and uninstall the App. If you continue using the Service after the new terms take effect, you will be bound by the modified ToS.
5. Affirmative Representations
When you use the Service, you represent that:
· your use of the Service does not violate any applicable law or regulation;
· you are 18 years of age or older; and
· you are of sufficient legal age or otherwise have legal capacity to legally enter into these ToS.
6. Our service
(1) Storage and Management of Tokens. We provide users a way to secure, and manage Bitcoin, Ether or other digital tokens. Our Services may evolve over time. Its means we may, in our sole discretion, make any change, replace, or discontinue (temporarily or permanently) our Services at any time for any reason with or without notice. In this case, you may be prevented from accessing or using our Services. If, in our sole discretion, we decide to permanently discontinue our Services, we will provide you with notice via our App or other associated platforms.
(2) Wallet Address and Private Key. When you create a BitKeep, the Services generate and store a cryptographic private and public key pair that you may use to send and receive token. The private key uniquely matches the wallet address and must be used in connection with the wallet address to authorize the transfer of token from or to that wallet address. The private key is stored directly in the BitKeep app your phone. We have no access to your private key and may not, under any circumstance, initiate a transaction using your private key on your behalf.
(3) Wallet Mnemonic. You acknowledge that you are solely responsible for your BitKeep and shall take the appropriate measures to protect its safekeeping. The Wallet Mnemonic allows you, the sole owner of your BitKeep’s private key, to recover your BitKeep in case your phone becomes unavailable for whatever reason including, but not limited to, the following: loss, theft, device damage or failure, forgotten PIN, or any other circumstance that would prohibit you from accessing the BitKeep. In order to safekeep your Wallet Mnemonic, you shall make copies of your Wallet Mnemonic and shall securely store all copies.. YOU FULLY UNDERSTAND THAT ANY FAILURE TO MAKE AND PROTECT YOUR ABRA WALLET RECOVERY PHRASE MAY LEAD TO TOTAL LOSS OF THE FUNDS ASSOCIATED WITH YOUR ABRA WALLET PRIVATE KEY.
7. Important Precautions
(1) The token network is responsible for confirming token transactions and we not liable for any loss due to, but not limited to, errors in the protocol, delays or any other breakdown relating to the Bitcoin or other token network. You acknowledge that we cannot confirm, cancel or reverse Bitcoin or other token transactions.
(2) You expressly agree that we are not liable for any errors, loss or omissions due to transact token to or receiving token from incorrect wallet addresses, e-mail addresses, entering incorrect transaction amounts, or any other information related to token transactions by using the service. Please ensure that you use the correct token addresses, e-mail addresses, transaction amounts when transacting.
(3) Tokens may be securely stored in a combination of online and offline storage. As a result it may take up to 48 hours or more to facilitate token transactions. By using BitKeep you accept the risk that transactions may be delayed and you agree not to hold BitKeep liable for any damages or loss due to delays.
8. Our Intellectual Property Rights.
(1) The Service and the trademarks, service marks, and logos contained on the Service, are owned by or licensed to us and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Service is for your information and personal use only and not for commercial exploitation.
(2) We reserve all rights in and to the Service. If you download or print a copy of the Service for your own personal use, you must retain all trademark, copyright and other proprietary notices contained in and on the Service.
(3) You agree that the Company will be entitled to all legal and equitable remedies otherwise available to it to protect the intellectual property rights and those of its licensors including, without limitation, the right to seek and obtain injunctive relief and enforce the same against you.
(1) The Company grants each user a non-exclusive and limited license to use the object code version of the App for non-commercial purposes. Each user may make a single copy of the App in object code form for archival or backup purposes. The user must include all Notices on all such copies. Users are prohibited from reverse engineering, decompiling or disassembling the App or attempting to gain access to the source code of the App except and only to the extent that it is expressly permitted by applicable law. To the extent applicable law permits contractual waiver of such right, you hereby waive your rights to do so.
(2) Each user is prohibited from transferring or assigning the App or these ToS and/or any rights or obligations hereunder without the prior written consent of the Company.
(3) Your rights under this ToS will automatically terminate if you breach any of your material obligations under this ToS.
(4) Promptly after such any termination of this ToS, you will destroy all copies of the App and uninstall the App from your device.
(5) All rights not expressly granted are reserved.
10. Prohibited Activities.
(1) You agree that, in connection with your use of the Service, you will not:
· attempt to gain unauthorized access to our Services or another user’s account;
· make any attempt to bypass or circumvent any security features,;
· violate any applicable law, statute, ordinance, or regulation;
· reproduce, duplicate, copy, sell or resell our Services for any purpose except as authorized in these Terms;
· engage in any activity that is abusive or interferes with or disrupts our Services.;
· use our Services in connection with any transaction involving illegal products or services.
· decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from or sublicense the Service, or any portion thereof; or
· circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any part of the App.
(2) We reserve the right to temporarily or permanently suspend your account or otherwise restrict your use of the Abra Services if any violation of this section occurs.;
11. Disclaimer of Warranties
TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL MATERIALS OR ITEMS PROVIDED THROUGH THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OR CONDITIONS OF ANY KIND.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THE SERVICE’S CONTENT, THE CONTENT OF ANY SITE LINKED TO THE SERVICE, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THE SERVICE OR LINKED TO BY THE SERVICE.
WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (E) ANY BUGS, VIRUSES, TROJAN HORSES,HACKER CYBER ATTACK,CYBER THEFT, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.
BY OPERATING THE SERVICE, WE DO NOT REPRESENT OR IMPLY THAT WE ENDORSE ANY MATERIALS OR ITEMS AVAILABLE ON OR LINKED TO BY THE SERVICE, INCLUDING WITHOUT LIMITATION, CONTENT HOSTED ON THIRD PARTY SITES, OR THAT WE BELIEVE ANY MATERIALS OR ITEMS TO BE ACCURATE, USEFUL OR NON-HARMFUL.
WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
YOU AGREE THAT YOUR USE OF THE SERVICE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF.
12. Limited of Liability.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICE, ANY MATERIALS, OR ANY OTHER CONTENT THEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS OF SERVICE, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50.
Notwithstanding any terms set forth in these ToS, if any of the provisions set forth in Section "Limitation of Liability" above are held unenforceable, void or inapplicable under applicable law, then any such provision shall not apply to you but the rest of these ToS shall remain binding on you and the Company.
In addition, the limitation on liability is inapplicable where attorneys’ fees, court costs, or other damages are mandated by statue. Notwithstanding any provision in these ToS, nothing in these ToS is intended to, nor shall it be deemed or construed to, limit any rights available to user under applicable federal or state consumer protection law.
14. Third Party Sites.
The Service may contain links to websites operated by third parties ("Third Party Sites"). For example, you can access third-party advertisements through links on the Service, and you may be able to share information with Third Party Sites through links on the Service. Please note that we do not own or operate the Third-Party Sites, and we have not reviewed, and cannot review, all of the material, including goods or services, made available through Third Party Sites.
The availability of these links on the Service does not represent, warrant or imply that we endorse any Third-Party Sites or any materials, opinions, goods or services available on them. Third party materials accessed through or used by means of the Third-Party Sites may also be protected by copyright and other intellectual property laws.
15. Governing Law
In the event the BitKeep are deemed to be goods, the provisions of the United Nations Convention on the International Sale of Goods shall not apply to this agreement.
16. Dispute Resolution:
The number of arbitrators shall be one (1). The language of the arbitration shall be English.
17. Entire Agreement
This ToS constitutes the entire agreement between you and the Company with respect to the subject matter hereof and supersedes all previous and contemporaneous written and oral representations, proposals, negotiations, and communications.
The Company may assign this TOS or any of the rights or obligations hereunder and any causes of action arising hereunder to any third party without necessity or obligation of notice to users.
The waiver or failure of either party to exercise in any respect any right or provision of these ToS will not be deemed a waiver of the applicable right or provision.
These ToS will operate to the fullest extent permissible by law. If any provision or part of a provision of these ToS is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these ToS and shall not affect the validity and enforceability of any remaining provisions.
21. Force Majeure
The Company will not be responsible for any failure to perform its obligations under this TOS due to circumstances beyond its reasonable control including, without limitation, acts of God, war, riot, terrorism, embargoes, acts of civil or military authorities, fire, flood, or accidents.
22. Independent Contractors.
Nothing in these ToS shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and any user.
23. How to Contact Us
If you have any questions about these ToS, please contact us as follows:
By email: email@example.com
Name: BitKeep Global Inc.
Registration Number: SI-336899
Legal Address: Sertus Chambers, Governors Square, Suite # 5-204, 23 Lime Tree Bay Avenue, P.O. Box 2547, Grand Cayman, KY1-1104, Cayman Islands