Terms of Use of Blockwallet/CakeWallet

These Terms of Use (hereinafter referred to as "Terms") apply to the access and use of the BETA version of the non-custodial Ethereum browser wallet (hereinafter referred to as “Wallet”) provided by Virtual Privacy AG (hereinafter referred to as “BLOCKWALLET” or “our”) available via the webpage http://blockwallet.io/ and any mobile application (hereinafter referred to as “Website”). These Terms constitute an agreement between the customer (hereinafter referred to as “You” or “Your”) and Blockwallet and govern Your access to and use of the Site and Services (hereinafter referred to as “BETA version” or “Service”) provided by BLOCKWALLET and is an agreement between BLOCKWALLET and You or the entity You represent. It will be assumed that You have read all of these Terms before You apply for any Services from BLOCKWALLET.

The sole purpose of this BETA version is to test the use of the wallet, to obtain feedback on its performance, and to identify defects (hereinafter referred to as “Testing”). You expressly acknowledge that the BETA version is a test product and may contain bugs, errors, and other problems that could cause loss of data stored in the platform, inconsistent performance, and other failures including but not limited to systems crashes, interruptions, and data loss. You are advised to use caution and not to rely in any way on the performance and functioning of the BETA version. The BETA version is made available to You free of charge and no warranty shall be provided for the BETA version, except for the operability of the BETA version.

We do not guarantee that the Wallet will be developed to reach any subsequent development stage (e.g. release version) or that any subsequent versions will have the same or similar functionality and characteristics to the ones that the BETA has. To maintain and develop the Wallet we may collect limited and anonymized information and performance data.

We may not be held responsible for any damages you may have because of any failures of the Wallet.

Please read these Terms carefully before using the Site or Services. By using the Site and clicking a button or checkbox to accept the Services (hereinafter referred to as “Effective Date”), You (1) accept and agree to these Terms and (2) consent to the collection, use, disclosure, and other handling of information as described in our Privacy Policy. If You do not agree to the Terms, then You may not access or use the Services.

1. Acceptance and changes to Terms

  1. Any and all terms, conditions, licenses, limitations, and obligations contained within and on the Website are incorporated into these Terms by reference, including, without limiting the generality of the foregoing, the following Website policies and pages: the Privacy Policy; Risk disclaimer and any other documents that might be announced in the Website. In the event of any inconsistency between these Terms and any other pages, policies, terms, conditions, licenses, limitations, or obligations contained within or on the Website, these Terms shall prevail.

  2. By using any of the Services or any associated websites, APIs, you acknowledge that you have read, understand, and completely agree to these Terms in effect from time to time. If you disagree with these Terms or with any subsequent amendments, changes, or updates, you may not use any of the Services; your only recourse in the case of disagreement is to stop using all of the Services.

  3. These Terms may be amended, changed, or updated by Blockwallet at any time and without prior notice to you. You should check back often to confirm that your copy and understanding of these Terms is current and correct. Your non-termination or continued use of any Services after the effective date of any amendments, changes, or updates constitutes your acceptance of these Terms, as modified by such amendments, changes, or updates.

2. Use of BLOCKWALLET Website and Services

  1. You may access and use the Services in accordance with these Terms. You agree to comply with the Terms and all laws, rules, and regulations applicable in Liechtenstein to Your use of the Service.

  2. BLOCKWALLET is a non custodial, EVM compatible browser wallet. Send, receive, bridge and swap EVM-compatible crypto assets inside the wallet, in a non custodial manner.

  3. Using BLOCKWALLET wallet carries no rights, express or implied, other than the limited right to use Wallet as a means to enable access and interaction with the BLOCKWALLET Services, if and to the extent that the Services are successfully completed and deployed.

  4. To use the Services, You need to create a wallet on the Extension (hereinafter referred to as “Account”) to be able to access the Services. You have first had to choose either to import Your existing wallet or to create a new wallet. You are required to open an account and You must complete the registration process by providing accurate information as prompted by the applicable registration form. You will also be required to choose a password and backup password. You are entirely responsible for maintaining the confidentiality of Your password and account and for any and all activities that occur under Your Account.

  5. You must keep Your Account’s password safe and not shared with third-parties. We are not responsible for unauthorized access to Your Account. You agree to notify BLOCKWALLET immediately of any unauthorized use of Your account or any other breach of security. BLOCKWALLET will not be liable for any losses You incur as a result of someone else using Your password or account, either with or without Your knowledge. However, You could be held liable for losses incurred by BLOCKWALLET or another party due to someone else using Your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

  6. You must keep Your Account’s password safe and not shared with third parties. We are not responsible for unauthorized access to Your Account. You agree to notify BLOCKWALLET immediately of any unauthorized use of Your Account or any other breach of security. BLOCKWALLET will not be liable for any losses You incur as a result of someone else using Your password or Account, either with or without Your knowledge. However, You could be held liable for losses incurred by BLOCKWALLET or another party due to someone else using Your Account or password. You may not use anyone else’s Account at any time, without the permission of the Account holder.

  7. Once the wallet is created, You can start using the service by sending or receiving transactions on compatible blockchains.

  8. If BLOCKWALLET stops or suspends support for the wallet, Your private key can be used to access Your crypto assets on any other compatible wallet.

3. Your Responsibilities

  1. Except to the extent caused by our breach of these Terms, (a) You are responsible for all activities that occur in Your Account, regardless of whether the activities are authorized by You or undertaken by You, Your employees, or a third party (including Your contractors, agents or end-users), and (b) BLOCKWALLET and our affiliates are not responsible for unauthorized access to Your Account.

  2. You will ensure that Your Use of the Services does not violate any applicable law. You are solely responsible for Your Use of the Services.

  3. You are responsible for properly configuring and using the Services and otherwise taking appropriate action to secure, protect, and backup Your Accounts and Your Content in a manner that will provide appropriate security and protection, which might include the use of encryption.

  4. You shall immediately report any malfunction or defect found while using the Service. The report can be made to the following e-mail address: hello@blockwallet.io.

  5. You are liable for the correctness of the information You have submitted to BLOCKWALLET during registration.

  6. When accessing Services, You shall not: (i) negatively interfere with other customers; (ii) damage, disable, or in any way disrupt the Website; (iii) conduct, pay for, support, or in any way be involved in any illegal activities, including but not limited to money laundering, terrorist financing, fraud, illegal gambling, illegal weapons sale and drug trafficking; (iv) use any automated means or interface to access Webpage or to extract data; (v) use another customer’s account; (vi) provide false or misleading information to us.

4. Liability. Warranties. Indemnification. Suspension

  1. To the extent permitted by law, BLOCKWALLET will not be liable for any damages, losses of profit, usage or data, loss of business, loss of business, failure to use the Service, customers misunderstanding of the Service or any other loss originated from negligence or fraud or otherwise arising out of or connected to the Service or these Terms.

  2. You shall indemnify and hold harmless BLOCKWALLET, its affiliates, contractors, licensors, and respective shareholders, members, directors, officers, employees, attorneys, agents, and suppliers from any claim, damage, lawsuit, tort, cost, or expenses.

  3. The Services are provided on an “as is” and “as available” basis without any warranty or representation expressed or implied. BLOCKWALLET does not make any representations or give warranties that the access to the Service, use of the Account, the functionality of the wallet will be continuous, uninterrupted, timely, or error-free.

  4. You understand and agree that BLOCKWALLET shall not be liable in connection with any force majeure event, including labor disputes or other industrial disturbances, electrical, telecommunications, hardware, software or other utility failures, software or smart contract bugs or weaknesses, earthquakes, storms, or other nature-related events, blockages, embargoes, riots, strikes, acts or orders of government authority, acts of terrorism or war, technological change, changes in interest rates or virtual currencies or other monetary conditions, and, for the avoidance of doubt, changes to any blockchain-related protocol.

5. Intellectual property (IP) protection

  1. Unless otherwise clearly specified, all copyright and other IP rights of our Service (hereinafter referred to as “Content”) constitute our proprietary rights and are protected by international laws and national IP and copyright laws.

  2. Subject to the terms of Terms, we grant You a personal, limited, revocable, non-exclusive, non-sublicensable, non-transferable license to do the following: (a) access and use the Services solely in accordance with these Terms; and (b) copy and use Our Content solely in connection with Your permitted use of the Services.

  3. The use of such protected material without a license or specific authorization violates copyright and IP rights and shall result in criminal and/or civil penalties.

  4. You may view, download and print the documents from the Service solely for your personal use and own information purposes.

  5. Neither You nor any end-user will use the Services in any manner or for any purpose other than as expressly permitted by these Terms. Except as expressly authorized, neither You nor any end-user will, or will attempt to (a) modify, distribute, alter, tamper with, repair, or otherwise create derivative works of any Content included in the Services, (b) reverse engineer, disassemble, or decompile the Services or apply any other process or procedure to derive the source code of any software included in the Services (except to the extent applicable law doesn’t allow this restriction), (c) access or use the Services in a way intended to avoid incurring fees or exceeding usage limits or quotas, (d) use scraping techniques to mine or otherwise scrape data, or (e) resell or sublicense the Services unless otherwise agreed in writing. You will not misrepresent or embellish the relationship between BLOCKWALLET and You (including by expressing or implying that we support, sponsor, endorse, or contribute to You or Your business endeavors). You will not imply any relationship or affiliation between BLOCKWALLET and You except as expressly permitted by this Agreement.

  6. If You provide any Suggestions to BLOCKWALLET, we and our affiliates will be entitled to use the Suggestions without restriction. You hereby irrevocably assign to us all right, title, and interest in and to the Suggestions and agree to provide us any assistance we require to document, perfect, and maintain our rights in the Suggestions.

  7. Blockwallet and the Blockwallet logos, the URLs representing the Website, trade names, wordmarks, and design marks (hereinafter referred to as "Blockwallet Marks") are trademarks of Blockwallet or its related companies. In addition, all page headers, custom graphics, design, button icons, scripts, source code, content are copyrighted by Blockwallet. You agree not to appropriate, copy, display or use the Blockwallet Marks or other content without express, prior, written permission to do so. Unless otherwise indicated, all materials on Blockwallet are © Blockwallet.

  8. You acknowledge and agree that any materials, including but not limited to questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original, or creative materials or other information or commentary you provide on the Website or one of Blockwallet ‘s social media accounts, regarding Blockwallet or the Services (collectively hereinafter referred to as "Feedback") that are provided by you, whether by email, posting to the Website or otherwise, are non-confidential and will become the sole property of Blockwallet. Blockwallet will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

6. Your Representations & Warranties

  1. You represent and warrant to Blockwallet as follows:

    • that, if you are an individual customer, you are 18 years of age or older and that you have the capacity to contract under applicable law

    • that, if you are not an individual customer, you have the requisite power and authority to sign and enter into binding agreements for and on behalf of the customer;

    • that you understand the risks associated with using the Site and Services and you are not otherwise prohibited by law from using the Site and Services;

    • that you will not use the Site or any Services in order to disguise the proceeds of, or to further, any breach of applicable laws or regulations, or to deal in any contraband cryptocurrencies or proceeds;

    • that you will not trade on the Site or use any Services with anything other than cryptocurrencies that have been legally obtained by you and that belong to you;

    • that you will not falsify any account registration details provided to Blockwallet;

    • that you will not falsify or materially omit any information or provide misleading information requested by Blockwallet in the course of, directly or indirectly relating to, or arising from your activities on the Site or use of any Services, including at registration;

    • that any trading or other instructions received or undertaken through your login credentials or from your authorized e-mail address on file with Blockwallet are deemed to be valid, binding, and conclusive, and that Blockwallet may act upon those instructions without any liability or responsibility attaching to it; and,

    • that you will fairly and promptly report all income associated with your activity on the Site pursuant to applicable law and pay any and all taxes eligible thereon;

    • that you understand that cryptocurrencies are often described in exceedingly technical language that requires a comprehensive understanding of applied cryptography and computer science in order to appreciate inherent risks. The ability to use cryptocurrencies on Blockwallet’s Services does not indicate approval or disapproval of the underlying technology regarding any cryptocurrencies, and should not be used as a substitute for your own understanding of the risks specific to each cryptocurrency. Blockwallet gives you no warranty as to the suitability of the cryptocurrencies used under these Terms and assumes no fiduciary duty in Blockwallet‘s relations with you.

    • You agree that Blockwallet is not responsible for determining whether or which laws may apply to your transactions, including tax law. You are solely responsible for reporting and paying any taxes arising from your use of the Services.

7. The Website and Services Accuracy

  1. Although Blockwallet intends to provide accurate and timely information on the Website and while providing Services, the Website (including, without limitation, Services) may not always be entirely accurate, complete, or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding Blockwallet‘s policies, products, and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Website are your sole responsibility and Blockwallet shall have no liability for such decisions. Links to third-party materials (including without limitation websites) may be provided as a convenience but are not controlled by Blockwallet. You acknowledge and agree that Blockwallet is not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third-party Websites accessible or linked to the Website.

8. Regulations. Compliance with local laws.

  1. It is Your responsibility to comply with local laws in respect to the legal usage of the Service and the regulatory qualification of virtual currencies in Your jurisdiction.

9. Jurisdiction. Applicable law. Disputes

  1. These Terms have been drawn up in accordance with the laws of the Republic of Liechtenstein and the application, interpretation, and termination shall be governed by the laws of the Republic of Liechtenstein.

  2. Jurisdiction of the United States of America (including all territories of this country) is specifically excluded from these Terms. We reserve the right to change the jurisdiction of Blockwallet and these Terms at any time at our own discretion, as well as use any parent companies, subsidiaries, and/or other affiliated companies for the execution of these Terms, our products, and other activities related to our business.

  3. Any disputes regarding the use of the Service and/or in connection with these Terms shall be settled through negotiations. If the Parties fail to resolve the dispute through negotiation, the disputes shall be settled by Harju Maakohus (Harju County Court), pursuant to the procedure provided by the law of the Republic of Liechtenstein.

  4. You and Blockwallet agree that any party hereto may bring claims against the others only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. No adjudicator may consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Any relief awarded to any one Blockwallet user cannot and may not affect any other Blockwallet user.

10. Term. Termination

  1. The term of these Terms will commence on the Effective Date and will remain in effect until terminated under this Section 7.

  2. You may terminate the agreement with BLOCKWALLET at any time on the basis provided by law.

  3. You agree that BLOCKWALLET may restrict Your access to the extension in case of, but not limited to:

    • non-conformity to the requirements from these Terms;

    • a requirement from any applicable law to which we are subject in any jurisdiction;

    • an order from a court, or governmental authority;

    • unusual, unauthorized or fraudulent activity in Your Account;

    • false, misleading, inaccurate, incomplete, or outdated information;

    • any other reasons that BLOCKWALLET deems relevant for termination of the agreement between You and BLOCKWALLET and suspension or cancelation of Your Account.

  4. BLOCKWALLET shall have the right to file claims against You or Your legal representative for compensation.

  5. If an event of force majeure occurs, the party injured hereto by the other’s inability to perform may elect to suspend the agreement between You and BLOCKWALLET, in whole or part, for the duration of the force majeure circumstances.

  6. Upon termination, suspension, or cancellation on the basis of the previous clauses, You will be denied access to the Account temporarily or permanently.

11. Disclaimer. Risk

  1. Blockwallet makes no representations, warranties, or guarantees to you of any kind. The Service is provided “as is” and “as available”. Except to the extent prohibited by law or to the extent any statutory rights apply that cannot be excluded, limited, or waived. Your use of the Service shall be at Your own sole risk. BLOCKWALLET makes no representations or warranties including any implied or express warranties of merchantability, satisfactory quality, fitness or a particular purpose, non-infringement arising out of any course of dealing or usage of trade that the Service will be uninterrupted, error-free or free of harmful components, and that any content will be secure or not otherwise lost or altered. BLOCKWALLET does not warrant that Your use of Service will be uninterrupted or error-free, nor does BLOCKWALLET warrant that it will review Your content for accuracy or that it will preserve or maintain Your content or end-user data without loss. BLOCKWALLET will not be liable for delays, interruptions, Service failures, or other problems inherent in the use of the internet and electronic communications or other systems outside the reasonable control of BLOCKWALLET. You may have other statutory rights, but the duration of statutorily required warranties, if any, will be limited to the shortest period permitted by law. To the extent permitted by law, BLOCKWALLET is not responsible for any delays, delivery of failures, or any other loss or damage resulting from (i) the transfer of data over public communications networks and facilities including the internet; (ii) personal injury or property damage or any nature whatsoever resulting from Your access to and use of BLOCKWALLET Services and/or any all personal information and/or financial information stored therein; (iii) any loss of Your data or content from the BLOCKWALLET Services; or (iv) any delay or delivery failure on the part of any other Service provider not contracted by BLOCKWALLET, and You acknowledge that the Service may be subject to limitations, delays and other problems inherent in the use of such communication facilities. You acknowledge that BLOCKWALLET cannot guarantee the absolute prevention of cyber-attacks such as hacking, spyware, and viruses. Accordingly, BLOCKWALLET shall not be liable for any unauthorized disclosure, loss, or destruction to make or pass on any representation or warranty on behalf of BLOCKWALLET to any third party. BLOCKWALLET does not warrant, endorse, guarantee or assume responsibility for any product or Service offered by third-party through the Website or BLOCKWALLET Services, and BLOCKWALLET shall not be a party to or in any way responsible for monitoring and any transaction between You and third-party providers of product or Services.

  2. BLOCKWALLET Services rely on emerging technologies, such as Ethereum. Some Services are subject to increased risk through Your potential misuse of things as public/private key cryptography. By using the Services You explicitly acknowledge and accept these heightened risks.

  3. Since You can use crypto assets for sending and receiving please note that crypto assets and markets are decentralized and not regulated. The Crypto asset market is determined only by supply and demand and is often highly unpredictable and volatile. The price of a crypto asset is usually not transparent and highly speculative and susceptible to market manipulation. In the worst-case scenario, crypto-assets could be rendered worthless.

  4. Accordingly, crypto assets should be seen as an asset class with extremely high risks. You should not deal in these products unless You have the necessary knowledge and expertise, You understand these products’ characteristics, and Your exposure to risk

  5. Since blockchain is an independent public or private peer-to-peer network and is not controlled in any way or manner by us, we shall not be responsible for any failure and/or mistake and/or error and/or breach which shall occur in blockchain or in any other networks in which the crypto asset are being issued. You will be bound and subject to any change and/or amendments in the blockchain system and subject to any applicable law which may apply to the blockchain. We make no representation or warranty of any kind, express or implied, statutory or otherwise, regarding the blockchain functionality nor for any breach of security in the blockchain. You should be aware of the risks that may result from any system failure which could mean that Your order may be delayed or fail.

  6. You acknowledge that there are risks associated with the system over the internet including, but not limited to, the failure of hardware, software, and internet connections, the risk of malicious software introduction, the risk that third parties may obtain unauthorized access to information and/or assets (including Your crypto asset/token) stored on Your behalf, cyber-attack, the crypto asset network failure (such as Blockchain), computer viruses, communication failures, disruptions, errors, distortions or delays You may experience when trading via the Services, howsoever caused, spyware, scareware, Trojan horses, worms or other malware that may affect Your computer or other equipment, or any phishing, spoofing or other attacks. You should also be aware that SMS and email Services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from us.

12. Miscellaneous

  1. The defined concepts that are written in the upper case first letter in the Terms are used in the indicated meaning unless the context indicates a different meaning.

  2. These Terms set forth the entire understanding between BLOCKWALLET and You with respect to the Service. You agree to rely only on the Terms alone. These Terms supersede any previous statements made by BLOCKWALLET or individuals associated with the BLOCKWALLET.

  3. The failure by us to enforce any provision of these Terms will not constitute a present or future waiver of such provision nor limit our right to enforce such provision at a later time. All waivers by us must be in writing to be effective.

  4. If any term, clause, or provision of these Terms is held unlawful, void, or unenforceable, then that term, clause, or provision will be severable from this agreement and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms and the invalid condition shall be replaced by a valid condition as close as possible to the outcome and the detail of the replaced condition.

  5. No failure of BLOCKWALLET to exercise any right, power, or privilege under these Terms is deemed to be a waiver thereof, nor any partial exercise of a right, power, or privilege should preclude the exercise of the entire or other rights, power or privilege.

  6. You may not assign any of the rights conferred to You under these Terms without prior written consent from BLOCKWALLET. BLOCKWALLET may assign any right or obligation under these Terms without any notice to or consent from You.

  7. These Terms are provided in English. Any translation has the sole purpose of being convenient for You. In case of any inconsistency, contradiction, or doubt, the English version of these Terms shall prevail.

  8. You can contact us, if You have some question, feedback, or complaint related to our Service, by sending BLOCKWALLET a message through http://blockwallet.io/ Contact section or by sending an e-mail to hello@blockwallet.io The last changes were made: 2022.11.25

We care about your money.

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