Terms and Conditions Easbit
By downloading this application from Easbit, installing or using this application or any portion thereof (“Application”), you agree to the following terms and conditions (“Terms and Conditions”). These Terms and Conditions apply to your access to and use of the Application and the bitcoin hosted wallet services (“Services” or “Service”) provided by Easbit. Easbit is also referred to as “us”, “we”, and “our”. You are also referred to as “your”.
1.1. You represent and warrant that you: (a) are of legal age to form a binding contract or that you have obtained your parent(s) or guardian(s) consent to use the Application; (b) have not previously been suspended or removed from using our Application; and (c) have full power and authority to enter into this agreement.
1.2. If you are registering to use the Application on behalf of a legal entity, you further represent and warrant that: (a) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization, and (b) you are duly authorized by such legal entity to act on its behalf.
- ABOUT BITCOIN
2.1. You are aware that bitcoins may not be appropriate for everyone. Before making use of bitcoin you should learn about them to ensure they are appropriate for you. As with all currencies, there are some risks associated with using bitcoin. Some of the risks particular to bitcoin include:
- loss of bitcoin due to hardware malfunction – if the device running the Application breaks, you could (without an external backup) lose the bitcoin stored on that device;
- loss of bitcoin due to Application malfunction or other discontinuance of the Application – if the Application will be discontinued, you could (without a backup) lose the bitcoin in the bitcoin wallet provided by that Application;
- currency fluctuation - the price of bitcoin may fall sharply and may even fall to zero;
- bitcoin transactions may be unconfirmed for a period of time. Although very unlikely, some bitcoin transactions may never be confirmed - bitcoin transactions which are unconfirmed are not completed;
- bitcoin transactions are irreversible - if you send bitcoin to the wrong person, you may be unable to recover those bitcoin;
- unknown technical defects inherent in bitcoin; and
- new regulation which impacts on bitcoin use.
2.2. By agreeing to this Terms and Conditions or by using the Application or Services, you are indicating your acceptance of the risks associated with bitcoin.
- DESCRIPTION OF APPLICATION
3.1. Our Application provides software that (a) enables users to operate their own bitcoin wallet, by storing bitcoin directly onto the device running the Application (b) generates and stores cryptographic bitcoin wallet addresses and private keys, and (c) facilitates the submission of bitcoin transaction requests to the bitcoin network without requiring you to personally download and install the associated bitcoin network software. Bitcoin can be sent between the Application wallet and the wallets of other Application users or to any other bitcoin address.
3.2. All proposed bitcoin transactions must be confirmed and recorded in the bitcoin public ledger via the bitcoin distributed consensus network (“Blockchain”), which is not owned, controlled or operated by Easbit. The Services help you submit your bitcoin transaction request for confirmation to the Blockchain. However, the bitcoin network, including the Blockchain, is operated by a decentralized network of independent third parties. Easbit has no control over the bitcoin network, including the Blockchain, and therefore cannot and does not ensure that any transaction request you submit via the Services will be confirmed via the Blockchain. You acknowledge and agree that the transaction requests you submit via the Services may not be completed, or may be substantially delayed, by the Blockchain. When you complete and confirm a transaction request via the Services, you submit your transaction request to the Blockchain in accordance with the instructions you provide via the Services.
3.3. Bitcoins are an intangible asset; they exist only by virtue of the ownership record maintained in the bitcoin network. The Services do not store, send or receive bitcoins. Any transfer of title in bitcoins occurs within the decentralized bitcoin network and not within the Services.
3.4. You acknowledge and agree that Easbit is not responsible for any errors or omissions that you make in connection with any bitcoin transaction initiated via the Services. For instance, if you mistype a wallet address (or username) or otherwise provide incorrect information in connection with any transaction request to send bitcoins via the Service, the bitcoins will be sent to whatever wallet address (or username) or information you provide. We strongly encourage you to review your transaction request details carefully before completing any transaction requests via the Services.
3.5. Once a transaction request has been submitted to the Blockchain via the Services, the Blockchain will automatically complete or reject the request and you will not be able to cancel or otherwise modify your transaction request. Easbit has no control over the Blockchain and does not have the ability to facilitate any cancellation or modification requests. As a result, all transaction requests initiated via the Services are irreversible.
- USE OF APPLICATION
4.1. Easbit gives you the non-exclusive, non-transferable, limited right and license to install and use this Application solely and exclusively for your or the legal entities personal use.
4.2. When accessing or using the Services, you agree that you will not violate any law, contract, intellectual property or other third-party rights or commit a tort.
4.3. You may not use the Application in any manner that could damage, disable, overburden, or impair the Application (or servers or networks connected to the Application), nor may you use the Application in any manner that could interfere with any other parties use and enjoyment of the Application (or servers or networks connected to the Application).
4.3. You agree that you are solely responsible for (and that Easbit has no responsibility to you or to any third party for) your use of the Application, any breach of your obligations under the Terms and Conditions, and for the consequences (including any loss or damage which Easbit may suffer) of any such breach.
- ACCOUNT REGISTRATION
5.1. In order to use the Easbit Application, you must create an account (“Account”) with Easbit by creating a PIN-code or by creating a PIN-code and providing a phone number. The use of the PIN-code is to secure access to the Application and to confirm any bitcoin transaction. Your PIN-code is personal to you. You must not disclose your PIN-code to any other person. Anyone that knows or has access to your PIN-code (and your device), will be able to operate the bitcoins in the bitcoin wallet provided by the Application. It is up to you to take whatever security measures to ensure that your PIN-code and your digital device are and stay secure. We are entitled to assume that any use of the Application is made by you. You are solely responsible and liable for any use of the Application. If you think any other person knows your PIN-code, or that your Application has been used or accessed by any other person without your permission, we strongly advise you to change your PIN-code immediately.
5.2. Our Services do not receive or store your unencrypted PIN-code, private key or public key. Therefore, we cannot assist you with PIN-code or key retrieval. You are solely responsible for remembering your PIN-code. IF YOU HAVE NOT SEPARATELY STORED A (EXTERNAL) BACKUP OF YOUR PRIVATE KEY AND PUBLIC KEY PAIR MAINTAINED IN YOUR ACCOUNT, YOU ACKNOWLEDGE AND AGREE THAT ANY BITCOIN YOU HAVE ASSOCIATED WITH SUCH KEY PAIR WILL BECOME INACCESSIBLE IF YOU DO NOT HAVE YOUR PIN-CODE.
5.3. When you create an Account you agree to: (a) create a strong PIN-code; (b) provide accurate, complete and truthful information; (c) maintain and promptly update your Account information; and (d) take responsibility for all activities that occur under your Account and accept all risks of any authorized or unauthorized access to your Account.
5.4. When you create an Account, the Services generate and store a (cryptographic) private and public key pair that you may use to send and receive bitcoins via the bitcoin network. The public key generated by the Services serves as your bitcoin wallet address, and may be shared with the bitcoin network and with others to complete bitcoin transactions. The private key uniquely matches the wallet address and will be used in connection with the wallet address to authorize the transfer of bitcoins from or to that wallet address. You acknowledge and agree that anybody that knows or has access to your wallet address and private key will be able to access, spend or transfer the bitcoins associated with that wallet address.
5.5. When you install the Application you can create u username (“Username”). When you have created a Username, this Username can be used instead of your bitcoin wallet address. Other users of the Application will be able to send bitcoin to your wallet by using your Username. YOU ARE SOLELY RESPONSIBLE FOR USING THE RIGHT USERNAME (OR WALLET ADDRESS) WHEN YOU TRANSFER BITCOIN. ONCE A BITCOIN IS TRANSFERRED TO THE WRONG USERNAME (OR WALLET ADDRESS), THE BITCOIN WILL BE SENT TO WHATEVER USERNAME (OR WALLET ADDRESS) YOU HAVE PROVIDED.
6.1. Our Application gives you the option to backup your wallet (by backing up the public and private key) to an external storage or offline storage. WE STRONGELY ADVISE YOU TO MAKE A BACKUP. The Services will not automatically make a backup, so it is your solely responsibility.
6.2. When you make a backup, services will require you to create an additional password (“Password”). Our Services do not receive or store this Password and we cannot assist you with Password retrieval. You are solely responsible for remembering this Password. You acknowledge and agree that anybody that knows or has access to your Password (and the storage that contains the backup) will have access to your backup and will be able to access, spend or transfer the bitcoins associated with your wallet address.
6.3. Backup is subject to the terms of the third parties that provide the external or offline storage and we do not represent such parties or give you any guarantee in respect of the services of such parties.
6.4. IT IS UP TO YOU TO TAKE WHATEVER SECURITY MEASURES YOU THINK NECESSARY TO ENSURE THAT YOUR BACKUP IS SECURE. WE ARE NOT LIABLE FOR ANY IMPROPER USE OF YOUR BACKUP BY YOU OR ANY OTHER PERSON.
- RELATION BETWEEN YOU AND EASBIT
8.1. Easbit is an independent contractor for all purposes, and is not your agent or trustee.
8.2. Easbit is not a money transmitter or a money services business.
- FEES AND TAXES
9.1. Access to the wallet is free, but Easbit will charge a fixed fee for every transaction. The applicable fee will be displayed with and will be added to the amount of every transaction. We may, in our sole discretion and with or without prior notice and at any time change the amount of the fee. The only way that you can reject the payment of the fixed fee is by not confirming the transaction.
9.2. The Blockchain is operated by a network of computers that have installed the bitcoin network software. The individuals who operate those computers, called “miners,” voluntarily participate in the Blockchain confirmation process. (Bitcoin miners compile a list of pending bitcoin transactions, called “blocks,” verify that each transaction in the block is valid and does not involve an attempt to re-spend bitcoins, and solve a mathematical algorithm to confirm that the block should be added to the public ledger of confirmed blocks. Bitcoin mining is a competitive process. The first miner to verify the transactions receive (a) an amount of bitcoins as a reward, which are generated automatically via the bitcoin network, and (b) any fees voluntarily included within the block by the individuals who initiated the proposed transactions (“Miners Fees”). Since miners verify bitcoin transactions on a voluntary basis, it is customary to include a Miners Fee in order to provide an incentive to the miners to add a proposed transaction to the next block for confirmation via the Blockchain. In connection with your transaction requests Services will provide you with notice of the minimum Miners Fees required by the bitcoin network to complete those transactions. Our Services facilitate your ability to modify the required amount of Miners Fees, but we strongly advise against modifying the amount. Because of a modification the transaction requests you submit via the Services may not be completed, or may be substantially delayed, by the Blockchain. You acknowledge and agree that Easbit does not receive any Miners Fees in connection with providing the Services, and is not responsible for the speed at which your transactions may be verified by miners.
9.3. It is your responsibility to determine what, if any, taxes apply to the transactions you complete via the Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that Easbit is not responsible for determining whether taxes apply to your bitcoin transactions or for collecting, reporting, withholding or remitting any taxes arising from any bitcoin transactions.
- FEEDBACK AND CUSTOMER SUPPORT
10.1. We will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, and ideas or other information or materials regarding Easbit or our Services that you provide, whether by email, posting through our Services or otherwise (“Feedback”). Any Feedback you submit is non-confidential and will become the sole property of Easbit. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). We also have the right to disclose your identity to any third party who is claiming that any content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy. Further, you agree not to submit any Feedback that is defamatory, illegal, offensive or otherwise violates any right of any third party, or breaches any agreement between you and any third party.
10.2. If you have any questions about the (use of) Application or Services, you can contact Easbit via email at email@example.com. We will try to help you as good as possible (and according to “best-effort”) but we don’t give you any guarantees. In the event we provide you with support information, we do not guarantee you that this information we give you will be accurate or complete. We are in no way liable for (the consequences of) the use of this information
- SYSTEM REQUIREMENTS
This Application has been developed to work on the Google Android 4.0 or any later version of the Android software at the time of its release. Google may from time to time update the Android software, and we will endeavor, but not be obligated, to update the Application if applicable to ensure that its functionality and performance continues with any updated Android release. It is your responsibility to ensure that you are using the latest public release of the Android software.
- COPYRIGHTS, TRADEMARKS AND OTHER INTELLECTUAL PROPERTY RIGHTS
12.1. Unless otherwise indicated by us, all copyright and other intellectual property rights in all content and other materials contained on our website or provided in connection with the Services, including, without limitation, Easbit or Easbit logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Easbit Materials”) are the property of Easbit or our licensors or suppliers and are protected by copyright laws and other intellectual property rights laws. You agree that you will not, and will not allow any third party to copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Application or content that may be presented or accessed through the Application for any purpose, unless otherwise permitted.
12.2. In the event of a breach of the provisions of paragraph 1, you shall owe a penalty of € 150,000 (said: one hundred fifty thousand euro), without a demand or notice of default being required and without prejudice to Easbits right to claim full damages plus interest and costs.
- TERMINATION AND DISCONTINUANCE OF SERVICES
13.1. We may terminate your access to the Services in our sole discretion, immediately and without prior notice, with or without cause and delete, deactivate or block your Account and all related information and files in such Account without liability to you, including, for instance, in the event that you breach any term of these Terms and Conditions, in case of a subpoena or court order or if we suspects that your Account is used in furtherance of illegal activity.
13.2. We may, in our sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services. You understand that there is no guarantee that the Services or any portion or functionality of it will continue to operate or be available for any particular period of time.
13.3. You may terminate the Services and these Terms and Conditions at any time by permanently deleting the Application from your device in its entirety. IT IS YOUR SOLELY RESPONSABILITY TO MAKE (OR MAKE SURE THAT YOU HAVE MADE) A BACKUP OF ANY WALLET ADRESS AND PRIVATE KEY PAIR THAT YOU MAINTAIN IN YOUR ACCOUNT BEFORE YOU DELETE THE APPLICATION AND/OR MAKE SURE THAT THERE ARE NO BITCOINS LEFT IN THE WALLET PROVIDED BY THE APPLICATION.
13.4. YOU ACKNOWLEDGE AND AGREE THAT IF YOU DO NOT MAINTAIN A BACKUP OF YOUR ACCOUNT DATA OUTSIDE OF THE SERVICES, YOU WILL BE UNABLE TO ACCESS BITCOINS ASSOCIATED WITH THE WALLET ADRESS MAINTAINED IN YOUR ACCOUNT IN THE EVENT THAT YOU OR WE TERMINATE OR DISCONTINUE THE SERVICES.
13.5. The following clauses of the Terms and Conditions shall survive termination or discontinuance: clause 10 (Feedback and customer support), clause 12 (Copyrights, trademarks and other intellectual property rights), clause 14 (Assumption of risk), clause 15 (Our limitations of liability), clause 16 (Disclaimer of warranties), clause 17 (Indemnity) and clause 18 (General provisions).
- ASSUMPTION OF RISK
14.1. You acknowledge and agree that there are risks associated with utilizing an Internet-based wallet service including, but not limited to, the risk of failure of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your Account, including, but not limited to your wallet address and private key.
14.2. Easbit takes no responsibility for and will not be liable for any losses, damages or claims arising from the use of our Services, including, but not limited to, any losses, damages or claims arising from (a) wallet data being "Bruteforced", (b) server failure or data loss, (c) forgotten PIN-codes, (d) corrupted wallet files, (e) incorrectly constructed transactions or mistyped bitcoin addresses or Usernames; (f) unauthorized access to te Application; or (g)"phishing," viruses, third-party attacks or any other unauthorized third-party activities.
- OUR LIMITATIONS OF LIABILITY
15.1. The Application is provided ‘AS IS’ and on an ‘AS AVAILABLE’ basis without any representation, endorsement or warranty of any kind, including but not limited to implied warranties of satisfactory quality, fitness for purpose, non-infringement, compatibility, security and/or accuracy.
15.2. We do not guarantee that (a) the Application will be free of errors, viruses, bugs or other defects; or (b) that the Application or any information displayed or distributed through the Application will be accurate or complete; or (c) that any defects in the Application will be corrected.
15.3. You acknowledge that reliance on any information provided by Easbit, shall be at your sole risk. You acknowledge that the Application has not been developed to meet your individual requirements and that it is therefore your responsibility to ensure that the facilities and functions of the Application meet your requirements.
15.4. TO THE FULLEST EXTENT PERMISSABLE BY LAW, EASBIT, OUR DIRECTORS, EMPLOYEES OR AGENTS EXCLUDE ALL LIABILITY FOR ANY LOSS OR DAMAGE, WHETHER SUFFERED DIRECTLY OR INDIRECTLY, IMMEDIATELY OR CONSEQUENTIALLY AND WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY
- LOSS OF BITCOINS;
- LOSS OF PROFITS;
- LOSS OF ANTICIPATED SAVINGS;
- LOSS OF BUSINESS OPPORTUNITY;
- LOSS OF GOODWILL;
- LOSS OR CORRUPTION OF DATA;
- SPECIAL DAMAGE EVEN IF THE SUPPLIER WAS AWARE OF THE CIRCUMSTANCES IN WHICH SUCH SPECIAL DAMAGE COULD ARISE;
- LOSS ARISING OUT OF OR IN CONNECTION WITH ANY OF THE RISKS SET OUT IN CLAUSE 2.
15.5. We are not responsible for any loss or damage caused by or as a result of the device on which the Application is run.
15.6. We will not be liable for any loss or damage arising from any event beyond Easbits reasonable control, including, but not limited to, flood, extraordinary weather conditions, earthquake or other act of God, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction.
15.7. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EASBIT (INCLUDING OUR DIRECTORS, EMPLOYEES AND AGENTS) EXCEED …………………………………. However, Easbit shall never be liable for indirect damage.
- DISCLAIMER OF WARRANTIES
16.1. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO OUR SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.
16.2. THE APPLICATION IS SPECIFICALLY NOT INTENDED FOR USE IN ACTIVITIES IN WHICH THE FAILURE OF THE APPLICATION COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
16.3. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
16.4. YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, INTERNET OUTAGES, DISASTERS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OUR CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY
INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES.
You agree to defend, indemnify and hold harmless Easbit (and each of our directors, employees and agents) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to (a) your use of, or conduct in connection with, our Services; (b) any Feedback you provide; (c) your violation of these Terms and Conditions; or (d) your violation of any rights of any other person or entity. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding and determine whether we wish to settle it.
- GENERAL PROVISIONS
18.1. These Terms and Conditions constitute the entire Agreement between you and Easbit relating to the Application and govern your use of the Application, and completely replace any prior or contemporaneous agreements between you and Easbit regarding the Application. In the event of any conflict between these Terms and Conditions and any other agreement you may have with Easbit, the terms of that other agreement will control only if these Terms and Conditions are specifically identified and declared to be overridden by such other agreement.
18.2. We reserve the right to make changes or modifications to these Terms and Conditions from time to time, in our sole discretion. If we make changes to these Terms and Conditions, we will provide you with notice of such changes, such as by posting the amended Terms and Conditions via the Services. You will be required to accept the changes to continue to use the Services. All amended Terms and Conditions will become effective immediately on the date they are posted to the Services unless we state otherwise via our notice of such amended Terms and Conditions. Your continued use of the Services following the effective date of such changes will constitute your acceptance of such changes. If you do not agree to any amended Terms and Conditions, you must discontinue using the Services.
18.3. The failure of Easbit to exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of such right or provision, which will still be available to Easbit.
18.4. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms and Conditions is invalid, then that provision will be removed from the Terms and Conditions without affecting the rest of the Terms and Conditions. In that case, you and Easbit shall consult in order to agree on new provisions to replace the null or void stipulations, taking the aim and intent of the original provisions into account to the fullest extent possible. The remaining provisions of these Terms and Conditions will continue to be valid and enforceable.
18.5. The rights given in these Terms and Conditions cannot and may not be assigned or transferred by you without the prior written approval of Easbit. You are not permitted to delegate your responsibilities or obligations under these Terms and Conditions without the prior written approval of Easbit.
18.6. These Terms and Conditions and your relationship with Easbit under these Terms and Conditions will be governed by the laws of the Netherlands. You and Easbit agree to submit to the exclusive jurisdiction of the court in the Netherlands in the administrative district of Overijssel to resolve any legal matter arising from these Terms and Conditions. Nevertheless, you are entitled to refer the case to the legally competent court within a month after Easbit has indicted you. Notwithstanding this, you agree that Easbit will still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.