Last updated [2022/01/07]
These terms and conditions (“Terms”) are a binding agreement between DigitalBits Foundation and the person, persons, or entity (“You” or “Your”) using the website (“Website”) or service, software, or application (“Software”).
The following definitions apply in these Terms:
“DigitalBits Foundation,” “we”, “us” and “our” mean the DigitalBits Foundation and its affiliates.
“AstraX,” “AstraX Wallet,” the “Wallet” mean a, non-custodial (meaning the cryptographic keys of the user is stored on the user’s own device) wallet software to be used for transactions on the DigitalBits network.
“DigitalBits,” “DigitalBits network” means a decentralized ledger system managed by the DigitalBitsFoundation.
“Software” means the AstraX Wallet, as well as any other services or resources available or enabled through the Website.
IF YOU LOSE ACCESS TO YOUR WALLET OR YOUR ENCRYPTED PRIVATE KEYS AND YOU HAVE NOT SEPARATELY STORED A BACKUP OF YOUR WALLET AND CORRESPONDING PASSWORD, YOU ACKNOWLEDGE AND AGREE THAT ANY CRYPTOCURRENCY YOU HAVE ASSOCIATED WITH THAT WALLET WILL BECOME INACCESSIBLE.
All transaction requests are irreversible. The authors of the Software, employees and affiliates of DigitalBits Foundation, copyright holders, and DigitalBits Foundation cannot retrieve Your private keys or passwords if You lose or forget them and cannot guarantee transaction confirmation as they do not have control over the network.
The AstraX mobile wallet source code is under the MIT License (MIT) , which contains the below disclaimer reprinted here for convenience:
THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
The AstraX web3 browser wallet source code is published under the Apache License Version 2.0, which contains the below disclaimer reprinted here for convenience:
Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License.
DigitalBits Foundation provides the Software solely on these Terms and on the condition that You accept and comply with them. By using the Software You (a) accept these Terms and agree that You are legally bound by its terms; and (b) represent and warrant that: (x) You are of legal age to enter into a binding agreement; and (y) if You are a corporation, governmental organization or other legal entity, You have the right, power and authority to enter into an agreement on behalf of the corporation, governmental organization or other legal entity and bind them to these Terms.
This Software functions as a free multi-signature digital wallet. The Software does not constitute an account where We or other third parties serve as financial intermediaries or custodians of Your DigitalBits assets.
While the Software has undergone thorough testing and continues to be improved, We cannot guarantee the Software to be entirely free of bugs. You acknowledge that Your use of this Software is at Your own discretion and in compliance with all applicable laws. You are responsible for safekeeping Your passwords, private key pairs, PINs, and any other codes You use to access the Software.
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 Services or access their latest features, including security updates. We may update the Software and Services at any time, without providing notice.
4. License to Use
Subject to Your compliance with these Terms, and solely as consistent for the mobile wallet with the AstraX MIT license (available at https://mit-license.org/) and for the web3 browser wallet the Apache 2.0 license (available at https://www.apache.org/licenses/LICENSE-2.0), we grant You a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy and display solely in connection with your permitted use of the Software.
5. Cryptocurrency Risks
Cryptocurrency assets are subject to high market risks and volatility. Past performance is not indicative of future results. Investments in blockchain assets may result in loss of part or all of your investment. Please do your own research and use caution. You are solely responsible for Your actions on the DigitalBits network. DigitalBits Foundation is not responsible for your investment losses. Cryptocurrency assets and the DigitalBits “decentralized exchange” are unregulated and do not have governmental oversight.
6. The DigitalBits Network (separate from AstraX Wallet)
AstraX Wallet is not an exchange. AstraX Wallet is only a user interface to the DigitalBits network and does not operate the DigitalBits network. AstraX Wallet is unable to control the actions of others on the DigitalBits network. When using AstraX Wallet, you are directly communicating with the DigitalBits Frontier API operated by The DigitalBits Foundation. Transactions on the DigitalBits network are irreversible.
7. AstraX Wallet does not Endorse Anything
AstraX Wallet does NOT endorse ANY asset on the DigitalBits network. Asset “listings” on AstraX Wallet are NOT endorsements. AstraX Wallet is a software client ONLY and does NOT conduct any independent diligence or review of any asset. DigitalBits is an open system meaning that scams and market manipulators may exist. Prices shown on AstraX Wallet are for informational purposes and do not imply that they can actually be redeemed for a certain price.
8. Your Own Responsibilities
You, the user, are solely responsible for ensuring Your own compliance with laws and taxes in Your jurisdiction. Cryptocurrencies may be illegal in your area. You are solely responsible for Your own security including keeping your account secret keys safe and backed up.
You agree not to use the Software in ways that:
* Violate, misappropriate, or infringe the rights of DigitalBits, AtraX, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights;
* Are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes;
* Involve publishing falsehoods, misrepresentations, or misleading statements, including impersonating someone;
* Breach any duty toward or rights of any person or entity, including rights of publicity, privacy, or trademark;
* Involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like;
* Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our service providers or any other third party (including another user) to protect the Software or Website;
* Disguise your location through IP proxying or other methods;
* Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Software or Website;
* Violate any applicable law or regulation; or
* Encourage or enable any other individual to do any of the foregoing.
* You further agree that you will not use or download the Software if (a) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan, or Syria or any other country subject to United States embargo, UN sanctions, HM Treasury’s financial sanctions regime, European Union sanctions, or if you are on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Commerce Department’s Denied Persons List, Unverified List, Entity List HM Treasury’s financial sanctions regime, the EU Consolidated Financial Sanctions List; or (b) you intend to supply any Services to Cuba, Iran, North Korea, Sudan or Syria or any other country subject to United States embargo or HM Treasury’s financial sanctions regime, or EU Sanctions (or a national or resident of one of these countries), or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List, Entity List, HM Treasury’s financial sanctions regime, or the EU Consolidated Financial Sanctions List.
9. Third-party Products and Services
The Services may incorporate, or may provide access to, applications or materials that are hosted by another party, including (a) crypto assets, such as digitalbits (XDB), (b) cryptocurrency exchanges (for token-to-token exchanges), (c) Non-Fungible Token marketplaces. You understand and agree that all cryptocurrency exchanges provided through the Services are executed by third party service providers, and that DigitalBits does not itself directly exchange virtual currencies. Access to third party API Providers may be geo-blocked for residents of certain countries and or jurisdictions. There can be no assurance that any security measures that we or our third party service providers have implemented will be effective against current or future security threats. While we take steps in an effort to protect the security of our platform and the availability, integrity, confidentiality and security of our data, our security measures or those of our third party providers could fail and result in unauthorized access to or use of our platform or unauthorized, accidental or unlawful access to, or disclosure, modification, misuse, loss or destruction of, our or our customers’ data. Private keys may also be compromised if customers choose to store their private keys in non-secure systems, such as third party email services, which may be susceptible to security breaches and security incidents, despite our efforts to discourage our customers from engaging in these practices. Although such incidents are outside of our control and do not relate to any insecurity or vulnerability on the part of the Services, customers may nevertheless blame or become dissatisfied with the Services as a result of these negative experiences. Do not share any credential, private key, or other sensitive information with any third party without validating their legitimacy. Third party API providers are available to you, subject to the terms and conditions of each third party provider. To the extent third party API providers have terms that differ from these Terms, you may be required to agree to those terms in order to access their software, site, or services. We do not control the terms, policies, or performance of any third party, and are not responsible for any performance, or failure to perform, of any third party software, site, or services, including exchange rates, processing of transactions, and similar activities. We do not provide customer support for transactions performed on third party API provider’s software, site, or services. When you leave the AstraX software and access the third party’s software, their terms of service govern the transaction
10.1. Governing Law and Jurisdiction
These Terms are governed by, and shall be construed in accordance with the laws of Cayman Islands, without giving effect to the choice of law provisions. You agree that any disputes arising out or relating to, or in any way in connection with these Terms, or the use of the Software or Website shall be brought exclusively in the competent courts of the Cayman Islands, and You agree to submit to the personal jurisdiction of those courts.
Unless expressly agreed, no variation shall constitute a general waiver of any provisions of these Terms, nor shall it affect any rights, obligations or liabilities under or pursuant to these Terms which have already accrued up to the date of variation and the rights and obligations of the parties under or pursuant to these Terms shall remain in full force and effect, except and only to the extent that they are so varied.
You shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under these Terms. DigitalBits Foundation may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under these Terms.
Unless any applicable law, regulatory requirement or mandatory standards or codes of practice of any competent authority require an alternative method of communication, You agree that DigitalBits Foundation may electronically provide or make available to you (as relevant) any communication as contemplated by these Terms by posting it or making it otherwise available on the AstraX wallet website at https://astraxwallet.com.
10.5. Changes to the Terms or Services
We may update or modify these Terms at any time at Our sole discretion. If We do so, We will let You know by either posting the revised Terms on Our website, on Our mobile application or through other methods of communication which We deem reasonable. Such revised Terms as posted will take effect immediately, unless otherwise indicated. You should regularly check Our website to inform yourself of any such changes and decide whether or not to accept the revised version of these Terms. If You continue to use the Software or Services following any update or modification of the Terms You shall be deemed to have accepted the revised Terms. If You do not agree to the Terms or any update or modification to the Terms, You must cease to access or use the Software or Services.
If any provision of these Terms (or part of a provision) is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, that provision shall, to the extent required, be deemed not to form part of these Terms, and the other provisions shall remain valid, legal and enforceable.
You agree to indemnify and hold harmless DigitalBits Foundation and its respective directors, officers, employees and agents against any and all claims, costs, losses, damages, judgment, tax assessments, penalties, interest and expenses arising out of any claim, action, audit, investigation or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set out in these Terms; (b) your wrongful or improper use of the Services and/or (c) your violation of any applicable law.
10.8 Limitation of Liability.
IN NO EVENT WILL WE BE LIABLE 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 SERVICES, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE THEORY OF LIABILITY ASSERTED.
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU FOR DAMAGES ARISING OUT OF THE USE OF OUR SOFTWARE, SITE, OR SERVICES EXCEEDING $100.
The limitations in this section will not apply to damages caused by the fraud, gross negligence, or wilful misconduct of us, or to the extent such limitations are precluded by applicable law (in which case our liability will be increased to the minimum amount required to comply with such law).
We may terminate Your access to and use of the Software or Website, at our sole discretion, at any time and without notice to You. You may cancel your Account at any time by following the account closure instructions in the App. Upon any termination, discontinuation or cancellation of services, any the provisions of these Terms shall survive such termination to the extent necessary to effectuate the terms contained therein.
10.10 Entire Agreement
Any questions about these Terms may be sent to email@example.com.
13. Buy Cryptocurrencies (“Digital Assets”) with supported credit or debit cards
If You use AstraX Wallet to purchase Digital Assets with Your credit or debit card, a third party will convert Your chosen amount into the applicable Digital Asset and credit it to Your wallet. You acknowledge and agree that: (i) We are not responsible for Your use of such third party service and shall have no liability whatsoever in connection with Your use of such service; (ii) You will be subject to any terms and conditions imposed by the relevant third party service provider; (iii) We have no ability to change, withdraw or cancel any conversion requests You place; (iv) We are not responsible for any exchange rates offered by the relevant third party service provider(s); and (v) We are not responsible for any fees charged by the relevant third party service provider(s) or Your bank or credit card issuer(s).
14. Digital Asset Transactions
In order for the proposed Digital Asset transactions to be completed, they must be confirmed and recorded in the DigitalBits network or the relevant Digital Asset’s associated public blockchain. DigitalBits network and such other networks is a decentralized, ledger system. By using AstraX Wallet, You acknowledge and agree that: (i) We do not have the ability to cancel or otherwise modify Your transaction; (ii) the transaction details You submit may not be completed, or may be substantially delayed, by the blockchain network; (iii) We do not store, send, or receive Digital Assets; and (iv) any transfer that occurs in relation to any Digital Asset occurs on the DigitalBits network and other relevant blockchain network and therefore We do not guarantee the transfer of title or right in any Digital Asset.