Terms of Service | Arctic Wallet

By downloading Arctic Wallet and/or browsing the website, You acknowledge that:

any use of Arctic Wallet is subject to these Terms of Service;
You have carefully read, understand, and agree with these Terms of Service;
You are of legal age (18 years old), and You are able to form legally binding contracts.

If You don’t agree with the Terms of Service (‘the Terms‘), You cannot use Arctic Wallet. Arctic Wallet reserves the right to update the Terms at any time, at our sole discretion. In case of any changes, we will change the date of the last update at the beginning of the Terms. By continuing to use the Software following the release of updated Terms, You consent to the updated Terms. We invite You to check this page regularly for updates to the Terms. Parties This agreement is between You ( ‘You’ or ‘Your’) and ARCTIC SOFTWARE OÜ ( ’We’, ’Our’, ‘Us’ or ‘Arctic Wallet‘), registry code: 16260045, address: Harju maakond, Tallinn, Kesklinna linnaosa, Tornimäe tn 7-50, 10145. Arctic Wallet is a computer software application (‘the Software‘) that allows You to create digital wallets in various cryptocurrencies locally on Your device(s). It’s Your responsibility to read the Terms carefully before You start to use the Software. Definitions and Services offered ’Crypto Assets’ refers herein to such type of assets which can only and exclusively be transmitted by means of blockchain technology, including but not limited to digital coins, digital tokens, assets from decentralized applications and any other type of digital mediums of exchange. We have the right to unilaterally decide and change the list of Crypto Assets, which can be available when using the Software. ’Decentralized Application(s)’ refers herein to the application (irrespective to desktop, mobile or any others) that can be used by many Users on a decentralized network with trustless protocols. ’Third Party Services’ (or ’Exchange services’) refers herein to the possibility provided by the third-party software using API:

to exchange one type of Crypto Asset to another one; to exchange
Crypto Asset to fiat money and vice versa.

We do not provide exchange services by ourselves. ’Application Programming Interfaces’ (or ’API’) refers herein to the Third Party software that is integrated in the Software and that enables Users to use Third Party Services. Use of the Software Our Software can be provided to You via desktop and mobile application “Arctic Wallet”. The Third Party Services can be provided to You with the help of the Software. Arctic Wallet retains the exclusive right to add to, modify, or cancel the availability of any Third Party Service. The Software and the information and content available therein are protected worldwide by copyright laws. The Software is licensed to You without charge based on a personal, non-exclusive, royalty-free, non-transferable, non-sublicensable, revocable, worldwide-basis license, for the purpose of accessing and transferring Crypto Assets. You are not permitted to redistribute the Software, modify any code or use any Arctic Wallet’s content, including images and text, as part of any other software or project of any kind. The Software is evolving, and You may be required to accept or install updates to the Software or update third party software (i.e., browsers or OS) in order to keep using the Software or to access their latest features, including security updates. Making transactions with the Software As mentioned above, Arctic Wallet provides the Software that gathers the information on Your Crypto Asset transactions from the ledgers of different blockchain networks, assists You to create, generate and store Crypto Asset addresses, transaction requests and encrypted private keys by the means of the Software and transmits Your transactions requests without requiring You to download or install the associated Crypto Assets´ network software to Your local device. Please be aware, that We are not liable for the mistakes in a respective blockchain network code that is used to broadcast a transaction request message. Arctic Wallet is not the creator of and does not have any control over any of the Crypto Assets that the Software allows You to use. You own Your private keys. Arctic Wallet does not store Your private keys, backup phrases or passwords (’Private Information’) on its servers. It is very important that You backup and save Your Private Information. We urge You to write down Private Information and store it offline in two different places. If You lose Your Private Information, it will not be possible for Arctic Wallet to recover it for You, and You may lose access to Your Crypto Assets. Arctic Wallet doesn’t have access to Your wallet, Your funds, your transactions or any other information. If You do not understand the above paragraph then we strictly recommend that You learn more about Crypto Assets before using the Software. If you do not maintain a backup of your Private Information outside of the Software, you will not be able to access the Crypto Assets associated with Your wallet. Transactions. The Software provides You functionality, that assists You to create and send transaction requests and receive information on Your Crypto Assets transactions. We do not guarantee that Your transaction will be recorded in the ledger of each particular Crypto Assets, as the Software simply transmits Your request in a form readable by the respective blockchain network. This means, that You must ensure that Your transactions conform to the applicable rules of the respective blockchain network. You acknowledge and agree that the transaction details You submit via the Software may be not completed, or may be substantially delayed, including without limitation, by the respective blockchain network. The estimated amount which is presented to You by the Software prior making an exchange is not final. It can differ from the final amount due to market fluctuations. We do not have access to Your transactions. Your balance and actual transaction history are supported by each cryptocurrency block explorers (e.g. https://btgexplorer.com/, https://etherscan.io/ etc.). Fees. We will not take any commission or transaction fees for the use of the Software. However, providers of the Third Parties may take You service fees for the Third Party Services that You use through the Software and also network fees required by the respective blockchain network, on the transactions that You make through the Software. These fees are determined by the provider of Third Party Services and not Arctic Wallet. Arctic Wallet helps to provide You with the correct network fees. Arctic Wallet is not responsible for the Third Party Services and is not acting as intermediary when You are using the Third Party Services through the Software. Eligibility

By downloading the Software, You certify that:

You are of legal age to agree to the Terms, according to Your local law. The laws of Your state of residence do not prohibit the supply of the Software to the residents of Your state;
You possess the necessary knowledge to participate in blockchain-based transactions;
You have the authority to enter into the Terms personally or on behalf of the legal entity on for whom You are using the Software;
You are responsible that the contact information You provide to Us at any time is accurate, current and complete and may not be misleading in any respect. We may, from time to time, request such information to be provided and/or updated
You have read, understand, and agree to be bound by the Terms. If You do not agree to be bound by the Terms, You shall not use the Software;
You have given Your consent for processing Your personal data in accordance with our privacy policy.

Your Obligations:

You shall:

You are of legal age to agree to the Terms, according to Your local law. The laws of Your state of residence do not prohibit the supply of the Software to the residents of Your state;
You possess the necessary knowledge to participate in blockchain-based transactions;
You have the authority to enter into the Terms personally or on behalf of the legal entity on for whom You are using the Software;
You are responsible that the contact information You provide to Us at any time is accurate, current and complete and may not be misleading in any respect. We may, from time to time, request such information to be provided and/or updated
You have read, understand, and agree to be bound by the Terms. If You do not agree to be bound by the Terms, You shall not use the Software;
You have given Your consent for processing Your personal data in accordance with our privacy policy.

You shall not:

violate any laws when using the Software; or,
circumvent or attempt to circumvent the security measures Arctic Wallet is using to protect other accounts, computer systems, or networks connected to the Software; or,
deposit Crypto Assets into addresses for tokens and/or coins that are not supported by the Software; or,
use the Software in a manner likely to infer with other Arctic Wallet users or virtual currency nodes (e.g. excessive API calls or network spam).

Specifically Disclaimed Risks

Using Crypto Asset software necessarily entails many risks. Arctic Wallet specifically disclaims and shall have no liability to You for the following risks:

operating system failures (mobile or desktop); and,
third-party software failures (e.g., nodes); and,
interactions between Your hardware, software, and the Software; and,
cloud backup software (e. g. certain Android distributions) may upload your Private Information to third party services; and,
malware, viruses or other malicious software on Your device that is able to take control of or interfere with the Software; and,
communication delays between Software and a node or relay service for Crypto Assets (and vice versa); and,
damages suffered by You as result of the use of Crypto Assets that are unsupported by the Software; and,
failure to achieve a certain market value/price for a digital token, whether through a Third-Party Service or any other kind of transaction; and,
theft of Crypto Assets.

No Warranty

The Software is provided to You at no cost, “as-is ” and without any warranty whatsoever, to the maximum extent permissible by law. Except for the representations contained in the Terms, We do not warrant, including, but not limited to, that the Software is fit for Your purpose, even if You have previously provided notice of Your intended purpose. We do not warrant that the Software will operate in a bug-free manner.

Limitation of Liability

In no event will Arctic Wallet be liable to You for: any lost profits, revenue or data, indirect, incidental, special, or consequential damages, or damages or costs due to loss of production or use, business interruption, or procurement of substitute goods or services arising out of or in connection with the software, whether or not Arctic Wallet has been advised of the possibility of such damages, and regardless of the theory of liability asserted, which have resulted from: (i) Your use of, or conduct in connection with, the software; (ii) any unauthorized use of Your wallet address and/or private key due to Your failure to maintain the confidentiality of Your wallet; (iii) any interruption or cessation of transmission to or from the software; or (iv) any bugs, viruses, trojan horses, or the like that are found in the software or that may be transmitted to or through the software by any third party (regardless of the source of origination). Under no circumstances will Arctic Wallet be liable to You for damages arising out of the software exceeding $50.

Indemnity

You agree to indemnify Arctic Wallet against any claims, damages, losses or legal fees incurred due to Your use (or misuse) of Arctic Wallet.

Non-Waiver

No action or inaction on the part of Arctic Wallet shall be considered a waiver of any right or obligation by Arctic Wallet.

Assignment

You may not assign this agreement. Arctic Wallet may assign this agreement to 11 days’ notice.

Discontinuance of Services

We may, in our sole discretion and without cost to You, with or without prior notice, and at any time, modify or discontinue, temporarily or permanently, any portion of our Services. You are responsible for storing Your Private Information outside of the Software. Saving Your Private Information will allow You to access the blockchain and Your assets. This backup will allow You to fully restore Your wallet at any time without cost or loss of the Crypto Assets. Arctic Wallet shall not be held responsible or liable for any loss of Crypto Assets in the event that we discontinue or deprecate providing the Software.

Entire Agreement

This is the entire agreement between the parties and supersedes any other agreement, representations (or misrepresentations), or understanding, however, communicated.

Applicable legislation and disputes resolution

The legislation of Republic of Estonia shall be applied to the Terms. Any court action between the You and Us shall be resolved in the Harju County Court which has exclusive jurisdiction for resolving disputes arising under the Terms.

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