Terms of Use for Bitviser

Please carefully read these Terms of Use (“Terms”) before using our mobile application Bitviser (“App”), and our Services (“Services”). You agree to be bound by Terms, as well as all terms incorporated by reference, by using App. If you disagree with any part of Terms, you must stop using our App immediately.

Before using the App, you must read, agree with and accept this Terms, our Privacy Policy, and any other policies, terms and rules allocated in App (if any). You acknowledge and agree that by creating or importing a portfolio, or by any button within our App, you agree to this Terms, our Privacy Policy, and any other policies, terms and rules allocated in App (if any).

Definitions and Interpretations

1.1 In these Terms, the following terms have the meanings assigned to them as set forth below:

“Agreement” means the agreement between you as an individual or a legal entity and us that is made up of the following documents: Terms, all the references in Terms, our Privacy Policy, and any other policies, terms and rules allocated in App (if any).

“Affiliate” means with respect to any Person, an individual, corporation, partnership, firm, association, unincorporated organization, or other entity directly or indirectly controlling, controlled by, or under common control with such Person.

“App” means the mobile application software Bitviser (with all updates, upgrades, versions etc.) developed, owned by us which allow you to access our Services.

“Confidential Information” means any information disclosed by one party (“Disclosing Party”) to another party (“Receiving Party”) unknown to the public (irrespective of its source or form of communication). Confidential information includes any information that cannot be seen publicly and cannot be obtained by third parties legally from other sources. By default, all the information shared between the Parties is treated confidential, given its nature and character, unless otherwise is defined by Agreement, the Disclosing Party or by the law.

“Cyber-attacks” includes, but without limitation, interventions by way of social engineering, Forks, phishing, hacking, smurfing, sybil attacks, distributed denial of service, malware, misinformation campaigns, spoofing, majority-mining, consensus-based or other mining attacks, double spending etc.

“Force Majeure Event” means any event that is beyond our and your reasonable control and prevents us and you or delays us or you from performing the obligations under Agreement (earthquake, fire, explosion, flood, landslide, lightning, epidemics, pandemic, acts of war and terrorism, declared or undeclared, civil disorder, embargoes, natural disasters, failure or interruption in the Internet, cyber-attack, DDOS attacks, and similar Internet attacks that have an adverse effect, adoption of or any change in applicable law etc.).

“Fork” means a change in the existing source code or the creation of new or additional source code for a blockchain, that could result in more than one version of that crypto-asset, material changes in the function, value, name of that crypto-asset etc.

“IP Rights” means our intellectual property rights associated with intangible assets owned by us.

“Platform” means App-based digital platform established by us that provides numerous tools, features and enables users to engage, act within the platform functionality, and have access to Third-parties’ services. Our platform is integrated with, connected to platforms, systems, protocols of Third-parties’ services allowing users to enjoy Third-parties’ services.

“Third-parties services” means the companies, platforms, systems with proper authorizations, licenses, registrations, technical solutions whatsoever which provide third-parties’ services and with which our platform has been technically connected, allowing users to access such third-parties’ services. It also referred to services provided by third parties engaged in crypto-asset exchange services (such as Decentralized exchanges AllBrdige, THorchain and others), crypto-asset custody services, crypto-asset transfer services etc.

“Person” means an individual, partnership, limited partnership, corporation, limited liability company, joint-stock company, unincorporated organization or association, trust or joint venture, or other forms of a legal entity etc. Person also means the Person’s representatives, successors, or permitted assigns.

“Services” means the services of access to our platform via App, use of functionality of our App, licensing rights to our App use. Term Services does not cover Third-parties’ services.

“User” means any Person using our App.

“Wallet” means crypto-asset wallet created by you with the unique addresses received by you from Third-parties’ services that provides you with information about the supported crypto-assets belonging to you and the ability to dispose of them. When, via the reference at our platform, you initiate opening a crypto-assets wallet, it is created via smart contract on the blockchain outside of our platform. When opening Wallet

1.2 Interpretations:

1. Headings are used in Terms exclusively for convenience …

2. In Terms, you and we are referred to cumulatively …

3. Unless the context otherwise requires, words in singular …

4. Unless the context otherwise requires, a reference to one gender …

5. Where the words include(s), including or in particular …

6. Where the context permits, other and otherwise …
Introductory provisions
1. Terms govern the contractual relationship between the Parties, DevServe HK Limited incorporated under the laws of Hong Kong, registration No. 3323577, address: 1411, 14/Floor, Cosco Tower, 183 Queen`s road Central) (“we”, “us”, or “our”) and You, as the user if you use our App (“you”, “your”).
2. Please note that we do not provide crypto-assets custody and administration services, have no access to your wallet and do not control the process of crypto-assets transactions to and from your Wallets. The connection of your Wallets with our platform allows you to have a personal cabinet reflecting all your respective data and your Wallets account data. Where we engage Third-parties’ services, we provide only technical bridges between you and such Third-parties’ services. We only provide the services of a technical solution, and services for visualizing relevant information from public blockchains.
3. Terms govern your rights and obligations in connection with the use of our Services, which are primarily available via App.
4. By accessing or using our Services, you confirm that you have access to Terms (via allocation in App) before using our Services and that you have had enough time to carefully review them in advance and can easily copy them.
5. Terms is a public offer that includes standard terms and conditions. This offer is accepted when actions expressing your will are taken, such as beginning to use App, indicating that you agree with Terms.
6. When starting using App, it shall be treated as an execution of an agreement in writing when Parties exchange due communications via App. We confirm that we guarantee the protection of the communication text and a signatory can be identified.
7. By using App you confirm that Terms do not contain surprising conditions, do not exclude your rights and possibilities that are commonly granted in such like agreements, do not establish other provisions which violate the principle of equality of parties, cause imbalance in the parties’ interests, or are contrary to the criteria of reasonableness, good faith and justice.
8. We reserve the right to change or modify these Terms at any time in our sole discretion and without prior specific notice to you. Your continued use of App will indicate your acceptance of such changed or modified Terms.
9. We reserve the right, in our sole discretion, to modify, suspend, or cancel App, platform or any portion of App, platform or Services, without prior notice to you, and to block or prevent your future access to, and use of, App.
10. Services provided by us are only intended for persons over the age of 4+. Registering in App, you confirm you are over 4+ years of age. Using our Services is prohibited for those, who are under 4+ years of age. If you are under 4+, stop using App immediately. By registering on App, you confirm all information provided is proper, accurate, and up to date. You are solely responsible for the accuracy, validity, and correctness of the information inserted in App.
11. You are required to comply with all our requirements related to Services, namely, installing, updating, maintaining of software etc., and security procedures.
Our platform
1. Via our App you could find reference to third-party functionality of Wallets generation and forming a portfolio of your Wallets linked to App. When creating portfolios you shall create and memorize your mnemonics using the parameters required by App.
2. Via our App we also provide the functionality of linking your portfolios of Wallets, created in other systems, to our App. We limit the maximum number of portfolios of Wallets that could be linked to our App.
3. We allow the possibility of individual settings of each portfolio.
4. We cannot pledge or assume responsibility for any crypto-asset values and rates. Because of the uncertainty, unpredictability, and fluctuation nature of crypto-asset, the transactions with and holding of crypto-asset fall within high-risk activity. You undertake to monitor any changes relevant to this activity, including but not limited to your Wallets states and balances. For the transactions confirmation your biometrics scanning is used, and in case of its unavailability – your PIN code.
5. You will be solely and absolutely responsible for the safe storage, back-up and use of your passwords, PIN code, mnemonics, seed phrases and other peculiarities of your access to your Wallets, safety of access to your personal cabinet at our platform. All of the tools and approaches described are for your security and we do not have access to such data – please note that if you lose part of any of the data listed above, we will not be able to help you regain access to your tools.
6. In case of unauthorized access to your personal cabinet at our platform and/or any other security violation, you must immediately notify us via [email protected]. Furthermore, you agree to provide all evidence of such unauthorized access upon request.
7. If you do not notify us of the case set forth in clause 3.6, under no circumstances are we liable for any damage exposed by you as a result of abuse of your login data by another person. That is, the loss of access to your account or unauthorized access to the personal account by another person is under your responsibility only.
8. You need to create your PIN code to log in to App. Our App gives an opportunity to use your biometrics for login. If biometrics scanning is not available, you could use your PIN code.
9. Technical support in Wallets opening, use, exchange: We do not provide crypto-asset custody services, crypto-exchange services, and, therefore, are not obliged to make “know your customer” checks, and fulfill AML (anti-money laundering) and CTF (combating terrorism financing) requirements. Please note, that some third parties providing Third-parties’ services could be subject to AML and CTF requirements and could approach you directly for verification and documents.
Records
1. All records about transactions you initiate are reflected in your personal cabinet at our platform for your information only.
2. You may access your Wallets transactions history and records in App. You are responsible for checking the records for errors. You must report any mistaken or unauthorized transactions, crypto-assets exchanges to third parties providing Third-parties’ services as soon as possible, not to us.
3. Our App allows you to review the transactions history of your portfolios of Wallets linked to App. Our App has functions of transactions list filtering and search capability.
Fees
1. We do not charge any fees for your use of our app.
2. We are not responsible for the fees charged by third parties providing Third-parties’ services. In case of any questions about their fees please contact third parties providing Third-parties’ services.
3. The functionality of our App allows you to customize the blockchain commissions charged by third parties providing Third-parties’ services.
Rights and Obligations
1. You are responsible for keeping your passwords, PIN code, mnemonics, seed phrases and other peculiarities of your access to your Wallets, access details to your personal cabinet at our platform etc. confidential.
2. You and we shall not:
3. We are not entitled to block (meaning to limit your right of withdrawal, transfer, exchange etc.) your use of Wallets, any crypto-assets kept on them, because we have no access to them. You understand that third parties providing Third-parties’ services could have such blocking rights, in cases, provided by the applicable laws, their services conditions, internal policies, procedures.
Disclaimers
1. You use our Services at your own risk and subject, but not limited, to the disclaimers stated below and other clauses of Terms:
2. You acknowledge the substantial risks associated with crypto-assets.
3. You understand and agree that the crypto-assets are potentially exposed to legal and regulatory risks, the regime of crypto-assets could be changed by regulations in different jurisdictions, as of now it is impossible to predict their effect.
4. We are not authorized or regulated by any financial authority and do not give any financial, tax, employment, legal, or investment advice.
5. You understand and accept the risks, that crypto-assets may be subject to Forks or attacks on the security, integrity or operation of networks, which are beyond our control, that could impact price / value of a crypto-asset, lead to the network / platform shutdown. You agree that in the case of Fork we could temporarily suspend any access to the Services.
6. Neither we nor relative third parties shall be held liable in that regard for any of your activities outcomes resulting from your use of Services, services of third parties providing Third-parties’ services.
7. Crypto-asset is not a legal tender, may not be backed by physical assets or guaranteed by a government, some of them may not circulate freely or widely, loss or stolen crypto-assets generally will not be reversible, and you understand it all.
8. You also understand and take a risk of crypto-assets unpredicted very high volatility within short period of time, and that the value of a crypto-asset may be completely and permanent lost if the market for this crypto-asset disappears, inability to sell crypto-asset because of lack of liquidity or restrictions / control of governmental authorities.
9. You also understand that crypto-assets rely on various types of distributed ledger technology, some of which is open source software that is built upon experimental technology – blockchain, and you take the risk of crypto-assets technical flaws in the technology, targeting by malicious persons, fraud or Cyber-Attack, changes in the consensus protocol or algorithms etc.
10. You acknowledge and agree that: our representations and warranties contained in Terms are the sole and exclusive our representations and warranties in connection with the Services contemplated by Terms, all representations and warranties, express or implied, of any nature whatsoever, other than those specifically set forth in Terms are specifically disclaimed, and any data, information or any other materials or information provided or addressed to you or your representatives are not and shall not be deemed to be or to include representations or warranties.
11. You understand that the use of the App on a Jailbroken device may result in problems with security and lead to fraudulent transactions.
12. While we use reasonable endeavors to ensure that App is secure and free of errors, viruses and other malware, we do not warrant or guarantee in that regard. Users take responsibility for their own security, that of their personal details and their computers, and any other potential or obvious risks.
13. You acknowledge and agree that the relationship between you and us set forth in Agreement or connected with it do not create any fiduciary, trustee or equivalent duties on our part in your favor, there are no duties that would oblige us to take more responsibilities than those set out in Agreement. Agreement does not create any kind of partnership, joint venture, advisor, agency or trustee relationship or any similar relationship between you and us. You acknowledge and agree that we do not represent and do not act in the name and/or on behalf of third parties providing Third-parties’ services.
14. You understand and agree that we may receive requests, notices from governmental authorities and may be required to provide certain information about you.
15. On our App we include or may include the references or links to the third parties. These references or links are or may be declared, published and exposed/displayed on our App solely for general information and your reference purpose. We, thus, do not control outbound websites, resources, nor take responsibility for their content. We are not responsible for any hyperlinked Internet sites through App, and are not responsible for any losses incurred in connection with those sites.
16. To the maximum extent permitted by applicable law, in no event shall we or third parties engaged by us be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use Services, third-party software and/or third-party hardware used with Services, or otherwise in connection with any provision of Agreement), even if we or any third parties engaged by us has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
17. We shall not be responsible or liable for any losses resulting directly or indirectly from: any act or omission of you, or any error, negligence, or misconduct of you; failure of transmission or communication facilities; any other cause or causes beyond our control; our reliance on any notices or communications that it believes to be from you; government restrictions; regulatory, or market rulings; suspension of trading; military operations; terrorist activity; strikes, or any other condition beyond Seller’s control, including without limitation extreme market volatility or trading volume; any action taken by us to comply with applicable laws or Terms.
18. Services are provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, we, on our own behalf and on behalf of our Affiliates and our and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to Services, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of a course of dealing, course of performance, usage. Without limitation to the foregoing, we provide no warranty or undertaking, and make no representation of any kind that Services 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.
19. All rights that are not expressly granted under Agreement are reserved. Thus, you are prohibited from using Services in any manner that is not expressly and unambiguously authorized by Terms.
By using App, you hereby consent to our disclaimers contained in Terms.
Intellectual Property
1. You acknowledge and agree that we are the sole owner (except to the extent owned by third-party licensors, including any third party technology providers) of all rights, titles, and interests to the IP Rights. You shall not obtain any rights in or to the IP Rights except those limited rights licensed to you by us. By using App you realize and accept that such content is protected by copyright, trademarks, and any other intellectual property rights.
2. Subject to your compliance with Terms, you are granted a limited, revocable, non-exclusive, and non-transferable license to access and use App, our platform during Agreement validity term for the purposes set out in, and in a manner consistent with Agreement.
3. You shall not:
  1. alter, maintain, enhance or otherwise modify App;
  
  2. disassemble, decompile, reverse-engineer, copy, bug fix, correct, update, transfer, broadcast or create derivative works based in App;
  
  3. otherwise take express action to discover any equivalent of App.
4. Nothing in our App shall be construed as granting by implication, estoppel or otherwise, any license or right to use any logo, trademark, or service mark displayed in our App, without the owner’s prior written consent.
Limitation of Liability
1. We will not be held liable to you in respect of any losses in connection with our App, Services, Agreement, arising out of Force Majeure Event. You will not be held liable to us in respect of any losses in connection with Agreement, arising out of Force Majeure Event. We will not be held liable for actions or omissions of third parties providing Third-parties’ services.
2. Notwithstanding any damages that you might incur, the entire liability of us, and any third parties engaged by us, and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you through the Services.
3. Nothing in Terms shall or shall be construed to exclude or limit either Party’s liability for:
  1. fraud or fraudulent misrepresentation;
  
  2. Market Manipulation;
  
  3. death or personal injury caused by its negligence;
  
  4. any other liability that cannot be excluded or limited by the applicable law;
  
  5. any of liabilities in any way that is not permitted under the law.
4. To the maximum extent permitted by law, we and our relevant third parties engaged by us, accept no liability to you in connection with App, Services for any of the following, including but not limited to:
  1. Loss or corruption of any data, database or software;
  
  2. Any business or commercial losses, such as loss of profits, income, revenue, anticipated savings, contracts, or commercial opportunities;
  
  3. Any special, direct or indirect, incidental, punitive or consequential loss or damage;
  
  4. Any errors in the content of our App, any delay, disruption, failure, non-availability, or suspension of work of our App;
  
  5. Your action or inaction on our App, any deals made through our App;
  
  6. Any other losses or damage that may be incurred through using this App, content, Services rendered through this App.
Links to Other Websites
1. Our Services may contain links to third parties providing Third-parties’ services, third-party, websites or services that are not owned or controlled by us.
2. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further 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 use of or reliance on any such content, goods, or Services available on or through any such web sites or Services.
3. We strongly advise you to read terms and conditions and privacy policies of any third-party websites or services you visit.
4. We use or may use facilities of the other relevant third parties, in order to provide our Services to you.
Restricted countries and activities
1. We do not provide Services to users of sanctioned countries according to the up-to-date lists of the Office of Foreign Assets Control (OFAC) of the US Department of the Treasury, the United Nations (UN), the EU etc. The list of countries is subject to change.
2. Users of App are prohibited from engaging in the following actions, including those prohibited by other provisions of these Terms:
  1. Actions that will or may violate the copyright, privacy, property, and other rights or interests of other users of this App, third parties;
  
  2. Actions that may cause inconvenience, financial loss or other damage to other users of App;
  
  3. Actions that have become or may be offensive to public order and morality, or violate laws, rules and regulations;
  
  4. False statements when using App for any purpose;
  
  5. Illegal use of email addresses, passwords or other personal information;
  
  6. Actions that may interrupt the operation of App or interfere with the provision of our Services.
Indemnification
1. You agree to defend, hold harmless and hereby indemnify us from and against any loss, damage, cost, claim, proceeding, penalty, fine or expense, including legal fees, incurred by or suffered by us, which arises out of, or relates to, directly or indirectly:
  1. Your use of App;
  
  2. Your failure to fully and timely perform any of your obligations under Agreement, including non-performance of your obligations with respect to any usage of Services;
  
  3. Any of your representations or warranties made hereunder being, at any time, untrue or incorrect;
  
  4. Any violation by you of any law, rule, regulation, or the rights of any third party.
Confidentiality
1. The Receiving Party will hold the Confidential Information in confidence and will not disclose the Confidential Information to any person or entity without the prior written consent of the Disclosing Party. We are entitled to disclose the Confidential Information to our employees, officers, owners, contractors, advisors, Affiliates, consultants, auditors and other third parties (the “Engaged Entities”) only: If it is required for the Services providing, fulfillment of internal procedures of either party related to such business relations, legal requirements; In the scope based on a need-to-know basis; If we procure that the Engaged Entities have an obligation and technical, other capability to protect the Confidential Information with the same or better care as / than set forth in Terms. The disclosure of the Confidential Information is allowed without the consent if such disclosure is authorized under the law, legally binding judicial or governmental order/proceeding, provided, that: The Receiving Party give the Disclosing Party prompt notice of such disclosure prior to disclosure; Cooperate with the Disclosing Party in the event that the Disclosing Party elects to contest such disclosure or seek a protective order with respect thereto.
2. In addition, either Party shares Confidential Information to third parties providing Third-parties services.
3. When your Confidential Information, personal data is transmitted through the App to third parties providing Third-parties services, it is regarded as though you have personally shared this your Confidential Information, personal data with those third parties. In such a case, the App serves as a technical bridge facilitating the transfer of such information and data.
Electronic communication
1. When you sign up on App, initiate transaction, exchange etc., as well as for various communication, documents signing between the Parties, you and we agree to refer to and trust electronic signatures (which do not meet the requirements for the qualified electronic signature) affixed via App, other services proposed by us. Such electronic signatures shall have the equivalent legal effect, validity, admissibility and enforceability of a handwritten signature. You acknowledge and agree that you are satisfied with the documents which are electronically executed. You agree with the electronic communications between you and us. The Parties understand and accept the risks connected with the use of electronic signatures which do not meet the requirements for the qualified electronic signature, and recognize the documents signed with such signatures as legal, binding for them.
2. You acknowledge that all the communications given by you in electronic form are original documents in writing and when submitted through App, they shall be treated as signed by you with your electronic signature as set forth in Terms. You accept full responsibility for the security and authenticity of all communications sent by you and you are bound by them. We treat all your communications received through App are yours, and shall not verify that they are in fact yours. You understand that communications transmitted via App are transmitted via the Internet and may be routed via public, transnational installations which are not specifically protected against unauthorized access, and you accept these risks.
3. You authorize us to deliver all communications, agreements, documents, notices, disclosures and confirmations to you via App, through any other electronic means as we deem fit. It is your responsibility to ensure that the details of these communication methods are correct and they are operational and available for receipt of all communications and you shall notify us of any changes to the details of the communication methods as soon as practicable after the change is made. In some cases, our communications may only be posted on App.
4. Communications take effect from the time they are received or treated as received (whichever happens first) unless a later time is specified in the communication.
  1. If posted/sent on/via App – at the time of posting;
  
  2. If other electronic means accepted by us – when we receive an automated message confirming delivery, or 3 hours after the time sent unless we receive a delivery failure receipt.
Miscellaneous
1. If any provision of Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
2. Except as provided herein, the failure to exercise a right or to require the performance of an obligation under Terms shall not affect Party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
3. If a dispute between the Parties involving the subject of Agreement cannot be resolved through negotiation, the court will resolve the matter in accordance with the terms of Agreement and the law rules.
4. You may not assign, transfer your rights or obligations under Agreement without our prior written consent. We may assign, transfer rights and obligations without your prior written consent.
5. Agreement constitutes the entire agreement between the Parties with regard to its subject matter.
6. We may transfer, sub-contract, or otherwise deal with your rights and obligations under Agreement, without prior notice to you or your consent. You may not transfer to any other person, sub-contract, or otherwise deal with your rights and obligations under Agreement.
7. Agreement does not create or confer any rights or benefits enforceable by any third party, save for assignees, permitted successors.
8. The Laws of Hong Kong shall govern Terms and your use of our Services.

Terms of Use for Bitviser

Definitions and Interpretations

1.1 In these Terms, the following terms have the meanings assigned to them as set forth below:

1.2 Interpretations:

Introductory provisions

Our platform

Records

Fees

Rights and Obligations

Disclaimers

Intellectual Property

Limitation of Liability

Links to Other Websites

Restricted countries and activities

Indemnification

Confidentiality

Electronic communication

Miscellaneous