This Application End User License Agreement ("Agreement") is a binding agreement between you ("End User" or "you") and Secret Key Labs Limited ("Company"). This Agreement governs your use of the Xverse Application (including all related documentation, the "Application"). The Application is licensed, not sold, to you.
BY CLICKING THE "AGREE" BUTTON, DOWNLOADING, INSTALLING, USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE.
1. License Grant. Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, and nontransferable license to:
(a) download, install, and use the Application for your personal, non-commercial use on a single device owned or otherwise controlled by you ("Device") strictly in accordance with the Application's documentation; and
(b) access, stream, download, and use on such Device the Content and Services (as defined in Section 5) made available in or otherwise accessible through the Application, strictly in accordance with this Agreement and the Terms of Use applicable to such Content and Services as set forth in Section 5.
2. License Restrictions. You shall not:
(a) copy the Application, except as expressly permitted by this license;
(b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
(c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
(d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; or
(f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application; or
(g) use the Application in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments.
3. Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
4. Services; Non-Custodial Wallet; Stacking Pool. You acknowledge and agree that the Application is providing you with a list of features and services as a non-custodial wallet. Only you have access to the wallet, and the Company does not have access to the wallet. The Company is not responsible and is not able to recover any lost wallet keys. By using the Stacking pool features, you acknowledge that you are familiar with the stacking protocol to fully comprehend and appreciate the involved risks of Stacking. You will be accessing the Stacking protocol’s built-in mechanism, “delegation”, which allows Stacks token holders to participate even if they don’t meet the minimum number of tokens requirements for Stacking. You understand the risks of “delegation”, and shall be fully responsible for your decision in locking your tokens to another party and any such locked duration. You understand that your tokens do not leave your wallet during the “delegation” process. They remain locked in place once Stacking starts for the duration of Stacking you choose to participate. To participate in Stacking, you are required to provide the Application with a Bitcoin address for the purpose of receiving the distributed rewards at the start of delegation. Upon completion of a Stacking cycle, the Stacking pool will distribute the received rewards in proportion to your delegated amount, minus an Access Fee payable to the Application. You agree to pay such Access Fee from your stacking rewards; and understand and agree such Access Fee may be changed from time to time by the Company, at is sole discretion. Details of the Access Fee can be found in-app before you start the Stacking process.
5. STACKING RISK FACTORS. “CRYPTOCURRENCIES” REFERS TO DISTRIBUTED, DECENTRALIZED PEER-TO-PEER DIGITAL CURRENCIES, COINS, OR TOKENS, AND ACTIONS WITH CRYPTOCURRENCIES CARRY INHERENT RISKS. CRYPTOCURRENCIES ARE UNINSURED, FOR MOST PARTS UNREGULATED, AND DECENTRALIZED, AND THE VALUE OF ANY STACKING OR ANY AMOUNT OF ANY CRYPTOCURRENCY IS SUBJECT TO CHANGE DUE TO FLUCTUATING MARKET PRICES. STACKING IS A FEATURE OF THE STACKS BLOCKCHAIN WHICH ALLOWS USERS TO LOCK THEIR STACK TOKENS IN THEIR OWN WALLETS AND RECEIVE BITCOIN REWARDS. END USER ACCEPTS AND AGREES THAT THE STACKS BLOCKCHAIN IS COMPLETELY DECENTRALIZED AND THUS COMPANY HAS NO CONTROL OVER ITS PROTOCOL. END USER FURTHER AGREES THAT DIGITAL ASSETS SUCH AS CRYPTOCURRENCIES AND/OR TOKENS ARE HIGHLY VOLATILE. COMPANY CANNOT GUARANTEE THE PROFITABILITY OF ANY END USER’S FINANCIAL DECISIONS INCLUDING THE DECISION TO STACK USING THE APPLICATION OR ANY OTHER THIRD-PARTY PLATFORM OR PROTOCOL OFFERED BY COMPANY. END USER FURTHER AGREES THAT COMPANY SHALL TAKE AN ACCESS FEE OF THE POOLED REWARDS AS ITS FEE. END USER UNDERSTANDS THAT COMPANY IS SOLELY A SOFTWARE SERVICE, AND IS NOT A BANK, FINANCIAL INSTITUTION, FUND, OR CREDITOR. END USER SHALL USE ITS OWN BEST JUDGMENT WHEN MAKING FINANCIAL DECISIONS AND WARRANTS TO COMPANY THAT IT HAS THE CAPACITY TO DO SO. COMPANY SHALL NOT BE RESPONSIBLE IN ANY WAY FOR END USERS FINANCIAL LOSSES ARISING EITHER DIRECTLY OR INDIRECTLY FROM USE OF THE APPLICATION OR ANY OTHER COMPANY PROTOCOL. THE COMPANY MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE AS TO HOW MUCH STACKING REWARDS, IF ANY AT ALL, THE END USER WILL RECEIVE DURING THE LOCKED STACKING PERIOD.
6. Collection and Use of Your Information. You acknowledge that when you download, install, or use the Application, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Application is subject to our Privacy Policy. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
6.1 Bitcoin Transaction Accelerator. Our Application contains a Replace-By-Fee (“RBF”) feature. The RBF features allows you to replace your unconfirmed Bitcoin transaction with a different version of that transaction that has a higher transaction fee. Further details of the feature and the transaction fees for such feature is available on the Application.
6.2 You understand that if you use the RBF feature, you will be initiating a Bitcoin transfer with a specific fee, flagging it as replaceable and indicating that you may want to update that fee later, before you broadcast the transaction to the Bitcoin Network; if the transaction is taking too long to confirm, you can create a new one with the same inputs, but at a higher fee; on confirmation, the new transaction will invalidate the old one, preventing the possibility of a double spend. Replacement transactions must follow certain rules; you must first signal for RBF by flagging a payment as RBF-enabled when originally broadcasting it; for unconfirmed inputs, you can spend any unspent Bitcoins; your replacement transaction must have a higher fee than the original, and the increase must be at least equal to the minimum relay fee (the lowest fee that the network will accept); your transactions must have the same outputs, as the new transaction sends funds to the same address(es) as before.
6.3 By using the RBF features, you acknowledge and agree that you are familiar with the RBF mechanism and the risk involved. Through RBF, you will be replacing your original payment with a double-spend copy. You understand that there are numerous risks including but not limited to: the main risk for the RBF feature is that there is potential confusion if the recipient sees pending payments that seem to appear and disappear in their wallet, and that extra diligence is needed when leveraging RBF; you could accidentally invalidate your original transactions; the recipient may see the pending transaction appear and disappear from their wallets, which may confuse them; other users may front-run your replacement by offering higher fees; and RBF’s technical complexity may be challenging to set up and lead to mistakes.
7. Content and Services. The Application may provide you with access to Company's website (the "Website") and products and services accessible thereon, and certain features, functionality, and content accessible on or through the Application may be hosted on the Website (collectively, "Content and Services"). Your access to and use of such Content and Services are governed by Website's Terms of Use and Privacy Policy, which are incorporated herein by this reference. Your access to and use of such Content and Services may require you to acknowledge your acceptance of such Terms of Use and Privacy Policy and/or to register with the Website, and your failure to do so may restrict you from accessing or using certain of the Application's features and functionality. Any violation of such Terms of Use will also be deemed a violation of this Agreement.
7.1 Listing your Cryptocurrency Tokens with a third-party marketplace. Our Application contains a feature which allows you to directly list your crypto tokens for sale on a third-party marketplace (“Listing Feature”) from our wallet software. By listing your cryptocurrency tokens for sale on the third-party marketplace using the Listing Feature, you acknowledge and agree that the third-party marketplace is not affiliated to our Company. Any such hyperlinks, feature or references to the third-party marketplace are provided for your convenience. You should check all of the third-party terms and conditions prior to finalizing the transaction.
7.2 Using the Token Swap Feature with a third-party marketplace. Our Application contains a feature which allows you to swap a desired amount of cryptocurrency tokens to another cryptocurrency token through a third-party provider from (“Token Swap Feature”) our wallet software. By swapping your cryptocurrency tokens to another cryptocurrency token using the Token Swap Feature, you acknowledge and agree that the third-party marketplace is not affiliated to our Company. Any such hyperlinks, feature or references to the third-party marketplace are provided for your convenience. You should check all of the third-party terms and conditions prior to finalizing the transaction.
7.3 By using any of the Listing Feature or the Token Swap Feature, you acknowledge and agree that we have no control over the third-party and accept no responsibility or liability for any content, material, information contained in them or services provided by the third-party. Further, you acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the Listing Feature or the Token Swap Feature, use of or reliance on any such content, advertising, products, services or other materials available on or through the third-party for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity contained therein. Your access to and use of the Listing Feature or Token Swap Feature may however, be governed by the terms and conditions of that third party and your access to and use of the Listing Feature or Token Swap Feature may require you to acknowledge and accept of the third-party terms along with privacy policy and any other terms that the third-party may have. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
8. Changes to these terms. We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce. We will give you notice of any material changes by notifying you when you next start the App. In some cases, we will notify you in advance, and your continued use of the Application and the Website after the changes have been made will constitute your acceptance of the changes. If you do not accept the notified changes you will not be permitted to continue to use the Application and the Website.
9. Updates. Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Device settings, when your Device is connected to the internet either:
(a) the Application will automatically download and install all available Updates; or
(b) you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
10. Third-Party Materials. The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising or third party features integration ("Third-Party Materials"). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
11. Term and Termination.
(a) The term of Agreement commences when you download the Application and will continue in effect until terminated by you or Company as set forth in this Section 9.
(b) You may terminate this Agreement by deleting the Application and all copies thereof from your Device.
(c) Company may terminate this Agreement at any time without notice. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
(d) Upon termination:
(i) all rights granted to you under this Agreement will also terminate; and
(ii) you must cease all use of the Application and delete all copies of the Application from your Device and account.
(e) Termination will not limit any of Company's rights or remedies at law or in equity.
12. Disclaimer of Warranties. THE COMPANY AND ITS APPLICATION DO NOT OFFER ANY LEGAL, FINANCIAL, INSURANCE, TAX, INVESTMENT OR ASSOCIATED ADVICE. THE APPLICATION IS PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
13. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY IS EXCLUDED FROM LIABILITY FOR ANY LOSSES OR DAMAGES WHICH THE END USER MAY SUFFER, WHETHER THE SAME ARE SUFFERED DIRECTLY OR INDIRECTLY OR ARE IMMEDIATE OR CONSEQUENTIAL, WHICH FALL WITHIN ANY OF THE FOLLOWING CATEGORIES: (I) LOSS OF CRYPTOCURRENCY ARISING AS A RESULT OF ANY OF END USER’S LOSS OF WALLET KEYS, END USER’S ACTS OR OMISSIONS, OR ANY ACTS OR OMISSIONS OF ANY THIRD PARTY; AND (II) LOSS ARISING OUT OF OR IN CONNECTION WITH ANY OF THE FOLLOWING:
(a) ANY DEFECT, BREACH, HACK OR INSECURITY IN THE APPLICATION AND/OR ANY THIRD-PARTY SYSTEMS INVOLVED IN TRANSMITTING, RECEIVING AND/OR STORING CRYPTOCURRENCY;
(b) ANY INACCURATE OR INCOMPLETE INFORMATION PROVIDED BY END USER, INCLUDING, BUT NOT LIMITED TO, BITCOIN ADDRESS USED FOR RECEIVING REWARDS, OR END USER USE ERRORS;
(c) ANY CHANGES TO THE REGULATORY, LEGISLATIVE OR TECHNICAL ENVIRONMENT APPLICABLE TO CRYPTOCURRENCIES, TRANSMISSION AND/OR STORAGE OF CRYPTOCURRENCY, STACKING OF CRYPTOCURRENCIES, STACKING POOL ACTIVITIES;
(d) THE ACTS OR OMISSIONS OF ANY CRYPTOCURRENCY ORGANIZATION OR PROVIDER OF CRYPTOCURRENCY SERVICES;
(e) THE STACKING OR STACKING POOL ACTIVITIES; OR
(f) ANY CHANGE IN THE VALUE OF CRYPTOCURRENCY.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:
(a) LOST PROFITS, LOST TOKENS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
(b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
14. Indemnification. You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement, including but not limited to the content you submit or make available through this Application.
15. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
16. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of Hong Kong without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in Hong Kong You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
17. Entire Agreement. This Agreement, and our Privacy Policy constitute the entire agreement between you and Company with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.
18. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
