By accessing or using any or all of the Services, you expressly acknowledge that
(i) you have read and understood these Terms;
(ii) you agree to be bound by these Terms; and
(iii) you are legally competent to enter into these Terms.
If you do not agree to be bound by these Terms or any updates or modifications to these Terms, you may not access or use our Services.
WE DO NOT PROVIDE INVESTMENT OR FINANCIAL ADVICE OR CONSULTING SERVICES. WE ARE SOLELY THE PROVIDER OF Coinosh AND WE DO NOT ADVISE OR MAKE RECOMMENDATIONS ABOUT ENGAGING IN DIGITAL ASSET TRANSACTIONS OR OPERATIONS. DECISIONS TO ENGAGE IN TRANSACTIONS OR PERFORM OPERATIONS INVOLVING DIGITAL ASSETS SHOULD BE TAKEN ON YOUR OWN ACCORD.
Coinosh is a non-custodial wallet software, for digital assets such as cryptocurrencies and NFTs (“Digital Assets”), meaning you are solely in control of and responsible for your Digital Assets and private keys, and accordingly you can authorize transactions from your wallet address. You expressly acknowledge and agree that as Coinosh is a non-custodial wallet software, you are solely responsible for your activity and any risk of loss at all times.
Coinosh allows you to:
1. Generate wallet addresses and associated private keys that you may use to send and receive digital assets;
2. Swap/trade digital assets for fiat functionality made available by third party service provider(s);
3. View digital asset price information made available by third party service provider(s); and
4. Broadcast Digital Asset Transaction data to various blockchains supported by Coinosh without requiring you to download or install the associated blockchain-based software to your local device.
An encrypted backup of certain information associated with your wallet can be stored on eligible devices. The private key is associated with the wallet address and, together, they can be used to authorize the transfer of Digital Assets to and from that wallet address.
You are solely responsible for the retention and security of your private key and any mnemonic phrase (“Secret Phrase”) associated with your wallet. You must keep your wallet address, Secret Phrase, and private key access information secure.
It is very important that you backup your private keys, backup phrases or passwords. Failure to do so may result in the loss of control of Digital Assets associated with your wallet.
You acknowledge and agree that we do not receive or store your wallet password, encrypted private key, unencrypted private key, or Secret Phrase associated with your wallet.
We cannot generate a new password for your wallet if you fail to remember your original password. If you have not safely stored a backup of any wallet address and private key pairs maintained in your wallet, you accept and acknowledge that any Digital Assets you have associated with such wallet address will become inaccessible.
Accordingly, we shall have no responsibility or liability whatsoever in the event you are unable to access your wallet for any reason including without limitation your failure to keep your wallet address, Secret Phrase and private key information secure.
In order for all proposed Digital Asset transactions to be completed, they must be confirmed and recorded in the Digital Asset’s associated public blockchain.
Such networks are decentralized, peer-to-peer networks supported by independent third parties, which we do not own, control, or operate. We have no control over the blockchain networks and, therefore, cannot ensure that any transaction details you submit via our Services will be confirmed and processed.
By using Coinosh, 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 applicable blockchain networks;
(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 relevant blockchain network and not on a network owned by us and therefore we do not guarantee the transfer of title or right in any Digital Asset.
You must either import or create a wallet in order to use Coinosh. When you create a wallet, you will be assigned a private key. You agree to immediately notify us of any unauthorised use of your private key or any other breach of security of your wallet. Notwithstanding the foregoing, you acknowledge and agree that you shall assume all risks related to the use of the Services and you shall be solely responsible for maintaining the confidentiality and security of your private key.
When you create a wallet, you are strongly advised to take precautions in order to avoid loss of access to and/or control over your wallet.
Suggested measures include, but are not limited to, the following:
(a) creating a strong unique password that you do not use for any other purpose (i.e. different to your phone password or any other passwords you use for websites, online services, etc.) and leveraging biometric authentication if available;
(b) do not store the private key and Secret Phrase in plain text online or in an unsecured physical location;
(c) limiting access to your devices and your wallet;
(d) taking all necessary precautions against malware on your devices and networks; and
(e) promptly notifying us if you discover or otherwise suspect any security breaches related to your wallet. Notwithstanding anything to the contrary herein, we shall have no liability regarding activities on your wallet with or without your authorisation.
You agree that you will not violate any laws when using our Services. This includes any local, provincial, state, federal, national, or international laws that may apply to you. You agree that you will not use our Services to pay for, support, or otherwise engage in any illegal activities including, but not limited to, illegal or otherwise prohibited trade, illegal gambling, fraud, money laundering, or terrorist activities.
For the avoidance of doubt, if we discover that you have violated these Terms and/or any applicable laws or regulatory requirements, including, but not limited to, the Bank Secrecy Act, we reserve all of our rights and remedies under these Terms and at law. We will take all necessary actions against you.
You further agree that:
(i) you will not encourage or induce any third party to engage in any of the activities prohibited under this Section;
(ii) you will not impersonate someone or use or attempt to use another user’s wallet without authorization or use our Services in any manner that could interfere, disrupt, negatively affect, or inhibit other users from fully enjoying it;
(iii) you will not distribute any virus or other harmful computer code through Coinosh;
(iv) you will not take any action that may impose an unreasonable or disproportionately large load on our or any of our third party providers’ infrastructure;
(v) you will not reverse engineer or bypass, circumvent, or attempt to bypass or circumvent any measures that we may use to prevent or restrict access to the Services including, without limitation, other accounts, computer systems, or networks connected to the Services; and
(vi) you will not violate, misappropriate or infringe the rights of Coinosh, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights.
Although we have no obligation to monitor any user content, we have absolute discretion to take any necessary actions any time and for any reason without notice in the event you breach these Terms.
Any use of Coinosh other than as specifically authorised in these Terms, without our prior written permission is strictly prohibited and we shall have the right to terminate your license to use Coinosh immediately without notice. You acknowledge and accept that using the Services may expose you to offensive, indecent, or objectionable content.
We take no responsibility and assume no liability for any user content, including any loss or damage to any of your user content.
You acknowledge and agree that we have no control over, and no duty to take any action regarding:
(i) failures, disruptions, errors, or delays in the processing of Digital Assets that you may experience while using the Services;
(ii) the risk of failure of hardware, software, and Internet connections;
(iii) the risk of malicious software being introduced or found in the software underlying Coinosh;
(iv) the risk that third parties may obtain unauthorized access to information stored within your wallet, including, but not limited to your wallet address, private key, and Secret Phrase; and
(v) the risk of unknown vulnerabilities in or unanticipated changes to the the applicable blockchain networks.
You release us from all liability related to any losses, damages, or claims arising from:
(a) user error such as forgotten passwords, incorrectly constructed transactions, or mistyped Digital Asset addresses;
(b) server failure or data loss;
(c) unauthorized access to the Coinosh application;
(d) bugs or other errors in the Coinosh software; and
(e) any unauthorized third party activities, including, but not limited to, the use of viruses, phishing, brute forcing, or other means of attack against Coinosh.
We make no representations concerning any Third Party Content contained in or accessed through our Services. Any other terms, conditions, warranties, or representations associated with such content, are solely between you and such organizations and/or individuals.
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless us, our affiliates, and our respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers and contractors, from and against any and all claims, damages, obligations, losses, liabilities, tort, costs or debt, and expenses (including, but not limited to, attorney’s fees) arising from: (a) your use of and access to the Services;
(b) any feedback or submissions you provide to us concerning Coinosh;
(c) violation of any Third Party Content
(d) your violation of the Terms; or
(e) your violation of any law, rule, or regulation, or the rights of any third party.
In our sole discretion and without cost to you, with or without prior notice, we may modify or discontinue, temporarily or permanently, any portion of our Services.
You are solely responsible for storing outside of the Services a backup of any wallet address and private key pair that you maintain in your wallet. Maintaining an external backup of any wallet address and private key pairs associated with your wallet will allow you to access the blockchain network upon which your wallet is secured. Such a backup will allow you to fully restore your wallet at any time without cost or loss of your Digital Assets. If you do not maintain a backup of your wallet data outside of the Services, you cannot access the Digital Assets associated with your wallet. Coinosh shall not be held responsible or liable for any loss of Digital Assets in the event that we discontinue all or any part of the Services.
If you have questions concerning our information practices with respect to children, or if you learn that a child under the age of 13 has used Coinosh, created a user account, or provided us with personal information, please email us at firstname.lastname@example.org
We shall not be held liable for any delays, failure in performance, or interruptions of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to: any delay or failure due to any acts of God, acts of civil or military authorities, acts of terrorism, civil or industrial disturbances, blockages, embargoes, war, strikes or other labor disputes, fire, earthquakes, storms or other nature-related events, interruption in electrical telecommunications or Internet services or network provider services, failure of hardware equipment and/or software or other utility failures, smart contract bugs or weaknesses, technological changes, changes in interest rates or other monetary conditions, and, for the avoidance of doubt, changes to any blockchain-related protocol, other catastrophe, or any other occurrences which are beyond our reasonable control, and shall not affect the validity and enforceability of any remaining provisions.
Suppose we are unable to perform our Services outlined in the Terms due to factors beyond our control, including, but not limited to, the aforementioned force majeure events or changes in applicable laws and/or sanctions policies. In that case, we shall not be liable for the Services provided under these Terms during the time period coincident with the event in question.
You agree that we may assign any of our rights and/or transfer, sub-contract, or delegate any of our obligations under these Terms without your notice or consent. These Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Your agreement to these Terms is personal to you and you may not transfer or assign it to any third party.
You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to the Terms.
This Agreement sets forth the entire understanding and agreement as to the subject matter hereof. It supersedes any and all prior discussions, agreements, and understandings of any kind (including, without limitation, any prior versions of the Terms) and every nature between us. Except as provided for above, any modification to these Terms must be in writing and must be signed by both parties.
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This policy was last updated in June 2023.