Terms of Service
This is a binding Agreement between Hdac Technology AG. (“the Company” or “We”) and the person, persons, or entity (“You” or “Your”) using any service, software or application program of the Hdac Wallet software(collectively, “Hdac Wallet”). Please read carefully the following terms of service (“Agreement”) and then copy, install or use Hdac Wallet and any related materials provided in this Agreement.
By copying, installing or using Hdac Wallet, you agree to be bound by the terms of this Agreement. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT COPY, INSTALL OR USE HDAC WALLET.
This agreement is between you and the Company.
Terms that are not defined in this paragraph shall be interpreted in accordance with the service-specific information, FAQ or related laws and otherwise, custom and usage.
3. Effective Date
3.1 This Agreement shall come into effect by being posted on the Software or related websites. By copying, installing or using the Hdac Wallet, you agree to be bound by the terms of this Agreement. In case of any modification to this Agreement, such modifications shall apply upon its coming into effect.
3.2 If needed, the Company may modify this Agreement. The Company posts on the Software or related websites any modifications of this Agreement and its effective date, seven (7) days prior to its effective date or thirty (30) days in case of any modifications unfavorable to you. By agreeing to this Agreement, you agree to check regularly any modifications to this Agreement which will be posted on the Software or related websites.
3.3 You have the right not to be bound by the modifications of this Agreement by not using the Hdac Wallet any further. By using the Hdac Wallet after the effective date of the modified Agreement, you agreed to be bound by its terms.
4. Commencement of the Service
4.1 The Company provides the service of Hdac Wallet upon the User’s consent. However, a certain Software may be provided at any given date by the Company according to its needs.
4.2 In case any Software may not be provided due to operational or technical problems, it shall be notified on the Software, related websites or in other manners.
5. Your Private Access Information
IF YOU LOSE ACCESS TO YOUR HDAC WALLET OR YOUR PIN CODE AND YOU HAVE NOT SEPARATELY STORED A BACKUP PHRASE OF YOUR WALLET AND CORRESPONDING PIN CODE(collectively, “Private Access Information”), YOU ACKNOWLEDGE AND AGREE THAT ANY DIGITAL ASSET YOU HAVE ASSOCIATED WITH THAT WALLET WILL BECOME INACCESSIBLE.
ANY REQUEST OF TRANSACTION SHALL BE IRREVERSIBLE.
THE COMPANY, ANY INTELLECTUAL PROPERTY OWNERS, DEVELOPERS OF HDAC WALLET AND/OR ANY EMPLOYEES OF THE COMPANY SHALL NOT BE ABLE TO SEARCH YOUR PRIVATE ACCESS INFORMATION NOR HAVE ANY ACCESS TO IT.
6. Management of Your Private Access Information
The Company does not store any of your Private Access Information. Private Access Information is stored locally in your Software. It is very important that you back up your Private Access Information. If you lose your Private Access Information, it will not be possible for the Company to recover it for you and you may permanently lose access to your Digital Assets.
7. Modification, Suspension and Termination
7.1 The Company may modify the Service if needed for any operational or technical reasons. In such case, the Company shall notify the details of modifications on the related homepage and application programs, unless any unavoidable circumstances such as fatal system errors, defective servers or urgent security problems occur in which case the notification may be made afterwards.
7.2 The Company may terminate the Service for any important operational reasons including spin-off, merger, and transfer of business of the Company, upon thirty (30) days prior notice.
7.3 The Company may suspend, restrict or terminate the Service any time in the following cases:
7.4 The Company shall not be responsible for any problems due to the modification, suspension or termination of Service according to the article 7.
8. The Company's Obligations
8.1 The Company shall conform to the related laws and regulations and this Agreement and endeavor to provide a stable service.
8.2 The Company shall do its best to provide with a good quality contents and network service.
8.3 The Company shall not collect any Personal Information. If it is collected upon the request of a User, the Company shall build a relevant security system for protecting Personal Information, notify and comply with the policy regarding processing of Personal Information.
8.4 The Company shall not divulge User's Personal Information to a third party unless it is required by related laws or authorities.
9. User's Obligations
10. Limited Intellectual Property License
10.1 The Company grants you a limited, personal, non-exclusive, royalty-free, non-transferable, worldwide-basis license, subject to the terms of this Agreement, to access and use Hdac Wallet solely for approved purposes as permitted by us from time to time. Any other use of Hdac Wallet is expressly prohibited and all other right, title, and interest in Hdac Wallet is exclusively the property of the Company and its licensors.
10.2 As between the Company and you, Hdac Wallet, and all intellectual property rights therein and thereto are and shall at all times remain the sole and exclusive property of the Company and are protected by applicable intellectual property laws and treaties. You have no rights with respect to Hdac Wallet except as expressly set forth herein.
10.3 You are not permitted to re-distribute the Hdac Wallet, modify any code or use any Hdac Wallet content, including images and text, as part of any other software or project of any kind unless you obtain the Company’s prior written consent.
11. Limitation of Liability
11.1 IN NO EVENT THE COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY USE, INTERRUPTION, DELAY OR INABILITY TO USE THE HDAC WALLET, LOST REVENUES OR PROFITS, DELAYS, INTERRUPTION OR LOSS OF SERVICES, BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF DATA, LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION OR SHUTDOWN, FAILURE TO ACCURATELY TRANSFER, READ OR TRANSMIT INFORMATION, FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION, SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION OR BREACHES IN SYSTEM SECURITY, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.2 Using Digital Asset-related Hdac Wallet necessarily entails many risks. The Company specifically disclaims and shall have no liability due to, including but not limited to, the following risks:
11.3 The Hdac Wallet is provided to you at no cost, “as-is” and without any warranty whatsoever, to the maximum extent permissible by law. Without limiting the generality of the foregoing, Hdac does not warrant that the Hdac Wallet is fit for your purpose, even if you have previously provided notice of your intended purpose, and does not warrant that Hdac Wallet will operate in a bug-free manner. Notwithstanding any term of this agreement, Hdac shall not be liable for any losses or damages that result from providing free technical support to you.
12.1 If you have a dispute with one or more users of the Software, you agree that neither we nor our affiliates or service providers, nor any of our respective officers, directors, agents, joint venturers, employees and representatives will be liable for any claims, demands and damages (actual and consequential) of any kind or nature arising out of or in any way connected with such disputes.
12.2 You agree to indemnify us, our affiliates and service providers, and each of our or their respective officers, directors, agents, employees and representatives, in respect of any costs (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) that have been reasonably incurred in connection with any claims, demands or damages arising out of or related to your breach and/or our enforcement of this Agreement (including without limitation your breach of Private Policy) or your violation of any law, rule or regulation, or the rights of any third party.
12.3 No action or inaction of Hdac shall be considered a waiver of any right or obligation by the Company.
13. Governing Law and Choice of Forum
13.1 This Agreement shall be governed by and interpreted and performed in accordance with the law of Switzerland.
13.2 All disputes arising out of or in connection with this Agreement shall be settled by courts of Switzerland.
13.3 In the event any court shall declare any section or sections of this Agreement invalid or void, such declaration shall not invalidate the entire Agreement and all other paragraphs of the Agreement shall remain in full force and effect.
Last Updated June 8, 2018