Terms and Use of eesty wallet
1.1 This is a binding Agreement (hereinafter Agreement) between BLOCKHIVE OÜ, registry code 14255442, address Hobujaama 4, 10151, Tallinn, Estonia (hereinafter “BLOCKHIVE” or “We”) and the person, persons, or entity (hereinafter “You” or “Your”) using the service, Software, or application (hereinafter “Software”).
2. Rights and Obligations
2.1 BLOCKHIVE provides the Software solely on the Terms and Conditions set forth in this Agreement and on the condition that You accept and comply with them. By using the Software, You:
- accept this Agreement and agree that You are legally bound by its terms; and
- represent and warrant that: (i) You are of legal age to enter into a binding agreement; and (ii) if You are a corporation, governmental organization or other legal entity, You have the right, power and authority to enter into this Agreement on behalf of the corporation, governmental organization or other legal entity and bind them to these terms
2.2 This Software functions as a digital wallet. The Software does not constitute an account where We or other third parties serve as financial intermediaries or custodians of Your Bitcoin(s), ETH and Ethereum based tokens (ERC20).
2.3 While the Software has undergone beta testing and continues to be improved by feedback from users, we cannot guarantee there will not be bugs in the Software. 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.
2.4 If you lose access to your Bitcoin / Etherum 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 Bitcoin, ETH and ERC20 token that you have associated with that wallet will become inaccessible. All transaction requests are irreversible. The authors of the Software, employees and affiliates of BLOCKHIVE, copyright holders, and BLOCKHIVE OÜ 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 Bitcoin network and Ethereum network.
3.1 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 of the software, employees and affiliates of BLOCKHIVE, copyright holders, or BLOCKHIVE OÜ 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
3.2 To the fullest extent permitted by applicable law, in no event shall BLOCKHIVE or any of its employees, 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 software, 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.
4. Intellectual property
4.1 We retain all right, title, and interest in and to the Content and all of BLOCKHIVE’s brands, logos, and trademarks, including, but not limited to, BLOCKHIVE OÜ, eesty, and variations of the wording of the aforementioned brands, logos, and trademarks.
4.2 You or third parties shall have no right, without a previous written consent of BLOCKHIVE to reproduce, disseminate, forward, translate, include in other databases, make extracts from the Software and its components and use them in any manner. You shall undertake not to deliver to third parties any works, which You have received by using the Software.
5. Choice of law
5.1 The Terms and Conditions and the Agreement shall be governed by Estonian law.
5.2 Disputes arising from the Terms and Conditions, the Agreement or the use of Software shall be settled by way of negotiations. In case no settlement is reached, the dispute shall be finally settled in Harju County Court in Tallinn, the Republic of Estonia (exclusive jurisdiction).
5.3 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.
6. Final clauses
6.1 Both parties shall have the right to terminate the Agreement at any time, tendering a notice to the other party.
6.2 BLOCKHIVE shall have the right, without notice, to limit or deny the use of Software by You, if You have violated the Terms and Conditions or Your activity infringes the interests of BLOCKHIVE.
6.3 Upon termination of the Agreement under grounds stipulated in provisions 6.2 BLOCKHIVE has no obligation to refund any fees paid by You, even if no services have been provided for the fee paid. The above-mentioned fee shall be considered as indemnity for damage for violation of the Terms and Conditions.
6.4 BLOCKHIVE shall have no obligation to conclude an Agreement with You or to provide You use of Software. BLOCKHIVE has no obligation to provide any reasoning for declining to conclude an Agreement.
6.5 BLOCKHIVE may change the Terms and Conditions from time to time without Your previous consent, publishing the altered Terms and Conditions on BLOCKHIVE’s website. The altered Terms and Conditions apply as of their publication on BLOCKHIVE website. If You disagree with changes in the Terms and Conditions, You shall have the right to terminate the Agreement within one (1) month as from the publishing of the altered Terms and Conditions on BLOCKHIVE website. In case You fail to terminate the Agreement within the term specified in this clause, we consider that you have have agreed with changing of the Terms and Conditions.