Last update: July 11th, 2019
1. This is a contract
- This is a contract (the “Agreement”) between you and Stichting Autonomous Software Foundation (“us”, “we”, or “our”), a Dutch non-profit organisation with a registered address at Brouwersgracht 28 d, 2512 ER Den Haag in The Netherlands and registered in the Dutch Chamber of Commerce (KVK.nl) under registration number: 75260077. References in this Agreement to “you” and “your” are to the person with whom we enter into this Agreement.
- As used in these Terms, the word “Services” applies to online services provided to you by us through the mobile software applications and APIs we published.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
- Our Services provide our users a view and basic control on their blockchain wallets. Our Service is completely non-custodial and account-less.
- The term ‘Wallet’ refers to the address and keypair related to a specific digital asset (coin or token). In other words, our non-custodial Service provides our users access to multiple Wallets they own on various blockchains.
2. Be a responsible user
- You agree that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. You agree to follow all applicable local, state, national, and international laws and regulations. You are solely responsible for all acts or omissions that occur while using any Services, including the content of any transmissions you send through the Services and any content you upload or publish using the Services.
- We enable you to create one or more non-custodial cryptocurrency wallets for certain supported digital assets (“Wallet”) and to use these Wallets to store, send, request and receive supported digital assets.
- If you are under 18 years old or you are a person of no capacity for civil acts or a person of limited capacity for civil acts, please use our Services under the guidance of your parents or guardians.
- You understand that we are not able to reverse or cancel any transaction because transactions based on blockchain technologies are irrevocable.
- You understand that the following reasons may result in “transfer failed” or “mining overtime”
- insufficient balance in a wallet;
- technical failure of the network or equipment;
- abandoned transactions result from blockchain network congestion or failure;
- incorrectly constructed transactions;
- sudden rise of the network difficulty;
- You need to pay fees when you transfer digital assets, the amount of which would be automatically collected by concerning blockchain networks.
- It is your sole responsibility to make sure that your counterparty is a person with full capacity for civil acts and decide whether you shall transact with him/her.
3. Service guarantee
We do not guarantee that your use of the Services will be problem-free. Although we aim to provide the highest quality software and services, we cannot and do not guarantee that they will work perfectly every time or in every respect.
- The Services are provided “as is” without warranties of any kind. We and/or our respective suppliers hereby disclaim all warranties and conditions with regard to the Services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
- We do not represent or warrant that the Services will be uninterrupted or error-free, that defects will be corrected, or that the Services or the server that makes them available are free of viruses or other harmful components.
- In compliance with local law, certain Services may not be available in some countries.
4. Third parties
- Some Services accessible through our software applications are provided by other companies (“Third Party Services”). Third-Party Services may be subject to separate terms and conditions.
- The Services may contain links to other websites (“Third Party Sites”), as well as information, applications, software, and other content or items belonging to or originating from third parties (“Third Party Content”). We have no control over and no responsibility for Third Party Sites or Third Party Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Service or any Third Party Content does not imply approval or endorsement thereof by us.
5. Relationship to other licenses
The Ironbelly project is an aggregate work of many works, each covered by their own licence(s). For the purposes of determining what you can do with specific works in the Ironbelly project, this policy should be read together with the licence(s) of the relevant packages. For the avoidance of doubt, where any other licence grants rights, this policy does not modify or reduce those rights under those licences.
6. Access is subject to change
We reserve the right at any time to modify or discontinue the Services in whole or in part, and to terminate your access to the Services at any time, with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. We reserve the right to assign our rights and responsibilities under these Terms to any third party.
7. Supported digital assets
Our Services are for use with the digital assets which are actively supported now and those we may explicitly decide to support in the future at our discretion. We have no obligation to support any digital assets (including but not limited to any forkcoins, altcoins, airdrops or any other digital assets however named) other than any digital asset we may explicitly decide to support in the future at our discretion. We assume no responsibility or liability in connection with any attempt to use our Services for digital assets that we do not support.
8. Responsibility for authentication
- Our Services provide a number of ways for you to secure your Wallets and help ensure you, and only you, are able to access and transact through your Wallets. These features include seeds, passwords, among other features.
We do not store or have access to your seeds, passwords or private keys. It is your responsibility to carefully guard your seeds, passwords, and any other means we may provide for you to secure and access your Wallets. If you forget or lose your means of authentication we have no way to recover them for you and you may permanently lose access to any Digital Assets you have stored in your Wallets.
- If you use our Services to create Wallets, the software will use an algorithm to generate a random 24-word phrase as a seed to a BIP32 hierarchical wallet. This 24-word phrase is called a seed and if reproduced exactly stores all the information needed to recover your Wallets if access through a password or other authentication means is lost or otherwise not available. Please be aware that most mobile devices do not make use of special hardware protection (a so-called ‘secure element’) for storing your seed. We advise you to transfer funds to a more secure Wallet (a paper or hardware wallet) when amounts of over 1,000 USD of worth as a sum of all Wallets is reached.
- If you use our Service to import a Wallet be aware that most mobile devices do not make use of special hardware protection (a so-called ‘secure element’) for storing your seed. We advise you to not activate or keep Wallets with amounts over 1,000 USD of worth on such a mobile device.
- We do not store, have access to, or have any way or means of recovering your seed. It is your responsibility to keep your seed secure and to write it down or store it as soon as possible after creation. You should not provide it to anyone, including any representative of the Ironbelly project.
- If you permanently forget or lose your seed, you will NEVER be able to recover any cryptocurrency in your Wallets, and you will suffer a complete, irrecoverable and catastrophic loss of all Digital Assets in your Wallets. It is your responsibility to safeguard and retain your seed. We have no responsibility and will not be liable for any loss or damage you suffer from the loss or misappropriation of your seed.
- If your seed is willingly or unwillingly disclosed to someone else, you risk losing all your funds. We have no responsibility and are not able to restore any funds.
9. Damages & responsibility
We are not responsible for any damages you may incur as a result of your use of the Services.
- You agree that we shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Services.
- You agree that we are not responsible or liable for any threatening, defamatory, obscene, offensive, or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that we are not responsible for any content sent using and/or included in the Services by any third party.
- In no event shall we and/or our suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the Services, with the delay or inability to use the Services, the provision of or failure to provide any Services, or for any information, software, products, services, and related graphics obtained through the Services, or otherwise arising out of the use of the Services, whether based on contract, tort, negligence, strict liability, or otherwise, even if we or any of our suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply in every instance. If you are dissatisfied with any portion of the Services, or with any of these terms, your sole and exclusive remedy is to discontinue using the Services and related websites.
- You agree to indemnify and hold us, our parents, subsidiaries, partners, affiliates, officers, developers, contributors and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the Services.
- In no event will we, its directors, officers, employees, suppliers, agents or affiliates be liable for any loss or damages, including without limitation, direct, indirect, special, consequential, exemplary or punitive loss or damages, arising from or related to your use of the Services, including but not limited to loss of or inability to access or transact data, profit, Digital Assets, or other digital assets or cryptocurrency.
- Without limiting the generality of the foregoing, we take no responsibility for and will not be liable for any financial or other loss or damage arising from or related to the use of our Services, including but not limited to any of the following.
- Financial loss due to Wallet access being “Brute-forced”;
- Financial loss due to server failure or data loss;
- Financial loss due to server hacks or unavailability;
- Financial loss due to forgotten seeds or passwords;
- Financial loss due to inability to transact;
- Financial loss due to errors calculating network fees;
- Financial loss due to incorrectly constructed transactions;
- Financial loss due to “phishing” or other websites masquerading as the Ironbelly project or one of the integrated Third Parties.
- The exclusions and limitations of our liability in this section are subject to any obligations that we have under applicable law and regulations, including possible liability for loss or damages resulting from our fraud, gross negligence or willful misconduct.
You will hold harmless and indemnify the Ironbelly project, its directors, officers, employees, suppliers, agents, partners, developers or affiliates from and against any claim, suit or action arising from or related to your use of the Services, including Wallets, or violation of this Agreement, including any liability arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
11. Comply with the law
You must comply to your local law. You can only use our Service if permitted under the laws of your jurisdiction. Please make sure that your use of the Service is in compliance with all laws, rules, and regulations that apply to you. It is your responsibility to determine what, if any, taxes apply to your cryptocurrency transactions, and it is your responsibility to report and remit the correct tax to the appropriate tax authority where applicable. We are not responsible for determining whether taxes apply to your transactions or for collecting, reporting, withholding, or remitting any taxes arising from any of your transactions.
12. What our service does not do
- We do not exchange digital currency for real currency, funds, or other digital currency;
- We do not issue or put into circulation a digital currency or redeem or withdraw from circulation digital currency;
- We do not have access to your Wallets or any Digital Assets stored in it. Any Digital Assets stored using the Services are not in our control. As explained in these terms, we do not store or have any means of recovering your private keys, seeds, PINs or passwords;
- We are not a bank, custodian, exchange, financial intermediary or regulated financial institution. We do not have control over or take any responsibility for any transactions made through our Services. We do not accept any deposits from, lend to, or generally engage in any kind of banking business or the business of a financial institution, whether in or from within The Netherlands or otherwise;
- Our Services are for supported Digital Assets only. Any prices displayed are provided by Third Party services and are not indicative of the Digital Assets being backed by any commodity or other form of money or having any other tangible value at all. We make no guarantees that grins or other Digital Assets can be exchanged or sold at the price displayed;
- We have no control over and do not make any representations regarding the value of Digital Assets, or the operation of the underlying software protocols which govern the operation of Digital Assets supported on our platform. We assume no responsibility for the operation of the underlying protocols and we are not able to guarantee their functionality, security or availability.
13. Terms are subject to change
We may update these Terms from time to time. The current version of these Terms are posted at https://ironbelly.app/terms . It is your responsibility to remain informed of any changes, because you are legally obligated to abide by the latest versions of these Terms. You may not assign or transfer your rights under these Terms without obtaining our prior written consent, and any purported assignment or transfer in violation of this section will be null and void.
14. Respect our trademark
You agree that all our trademarks, trade names, service marks and other logos and brand features, and product and service names are trademarks and our property. Although we have not registered these as trademarks, we claim to be the author of all our artwork, branding and information under the Creative Commons license “Attribution-NoDerivatives 4.0 International”. You can find the legal code here: https://creativecommons.org/licenses/by-nd/4.0/legalcode
15. Information on our Websites
The information contained on our websites is for general information purposes only. The information is provided by the Ironbelly project and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
16. Data protection
- No action or inaction by us will be considered a waiver of any right or obligation by us.
- This Agreement may be amended by us by providing you advance notice of any proposed change. If you do not agree to the amended agreement then your sole remedy will be to stop using the Services.
- You may not assign this Agreement. We may assign this Agreement.
- This Agreement controls the relationship between us and you. They do not create any third party beneficiary rights.
- Your use of the Services is subject to international export controls and economic sanctions requirements. You agree that you will comply with those requirements. You are not permitted to use any of the Services if: (1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan, or Syria or any other country subject to United States embargo or UN sanctions (a “Sanctioned Country”), or if you are a person on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Commerce Department’s Denied Persons List, Unverified List or Entity List, (a “Sanctioned Person”); or (2) you intend to supply any Digital Assets in a Wallet to a Sanctioned Country (or a national or resident of a Sanctioned Country) or Sanctioned Person.
- All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, will continue to be binding and operate after the termination or expiration of this Agreement. If a particular term of this Agreement is determined to be invalid or not enforceable under any applicable law, this will not affect the validity of any other term. This Agreement (including documents incorporated by reference in it) is the entire agreement between us and you and supersedes any other agreement, representations (or misrepresentations), or understanding, however communicated.
18. Governing Law and Dispute Resolution
- The validity, interpretation, alternation, enforcement, dispute resolution of this Agreement and its revised versions shall be governed and construed in accordance with the laws of Switzerland. Where there is no applicable law, this Agreement shall be interpreted by applicable commercial and/or industrial practices.
- Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
- If any dispute or claim in connection with this Agreement arises between you and us, the parties shall first attempt to resolve the dispute or claim through amicable negotiations in good faith. If the parties cannot reach an agreement, either party may sue the other party at a competent court in Switzerland.
- If you live outside of Switzerland, you shall fully understand and conform to the laws, regulations and rules in your jurisdictions which are relevant to use of our Services.