Bitizen Terms of Use

Last updated: 16.01.2023

1. AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Bitizen Ltd  (doing business under “Bitizen Wallet” brand name, “Company”, “we”, “us”, or “our”), concerning your access to and use of the Bitizen Wallet mobile application and https://bitizen.org website (“Website”) as well as any other media form, media channel, or otherwise connected thereto (collectively, the “Bitizen Wallet”, ”Product”, “Services”). You agree that by accessing the Bitizen Wallet, you have read, understood, and agree to be bound by all of these Terms of Use. 

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE PRODUCT AND SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted in the mobile application and on the Website from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use Bitizen Wallet so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Bitizen wallet after the date such revised Terms of Use are posted.

The information provided in Bitizen Wallet is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Bitizen Wallet from other locations or using any technical means to gain access where related products and services are restricted, do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Bitizen Wallet is our proprietary property and all source code, databases, functionality, software, Website designs, audio, video, text, photographs, and graphics (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition international copyright laws, and international conventions. The Content and the Marks are provided in the Bitizen Wallet “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Bitizen Wallet and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Bitizen Wallet, you are granted a limited license to access and use the Bitizen Wallet.

3. USER REPRESENTATIONS

By using the Bitizen Wallet, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Bitizen Wallet through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Bitizen Wallet for any illegal or unauthorized purpose; and (5) your use of the Bitizen Wallet will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate further support for your account.

4. FEES

Bitizen Wallet is free to download and use; however, we may charge fees (“Fees”) in the form of digitals assets for using third-party services integrated within Bitizen Wallet. 

Bitizen Wallet will show the total fees for each transaction or service related to using such third-party services integrated within Bitizen Wallet; however, fees may vary due to market price fluctuations of the digital assets and changes in third-party fee structure. We recommend checking the fees before signing any on-chain transactions with Bitizen Wallet. Under no circumstances we are able to reverse or refund the on-chain transactions that have been made from your Bitizen Wallet account.

5. CANCELLATION

You can close and terminate your Bitizen account at any time. You will not be charged any fees for closing or terminating your Bitizen account.  

6. PROHIBITED ACTIVITIES

You may not access or use the Bitizen Wallet for any purpose other than that for which we make the Bitizen Wallet available. 

As a user of the Bitizen Wallet, you agree not to:

  • Systematically retrieve data or other content from the Bitizen Wallet to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user contacts, account data, transaction history.
  • Circumvent, disable, or otherwise interfere with security-related features of the Bitizen Wallet, including features that prevent or restrict the use or enforce limitations on the use of the Bitizen Wallet.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Bitizen Wallet.
  • Use any information obtained from the Bitizen Wallet in order to harass, abuse, fraud or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the Bitizen Wallet in a manner inconsistent with any applicable laws or regulations.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other malicious scripts, that interferes with any party’s uninterrupted use and enjoyment of the Bitizen Wallet or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Bitizen Wallet.
  • Attempt to impersonate another user or person or use the username, contact information, biometry, and other associative matters of another user.
  • Interfere with, disrupt, or create an undue burden on the Bitizen Wallet or the networks or services connected to the Bitizen Wallet.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing Bitizen Wallet Product and Services.
  • Attempt to bypass any measures of the Bitizen Wallet designed to prevent or restrict access to the Bitizen Wallet.
  • Copy or adapt the Bitizen Wallet software.
  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Bitizen Wallet.
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper or using or launching any unauthorized script or other software.
  • Make any unauthorized use of the Bitizen Wallet, including collecting email addresses of users for the purpose of sending unsolicited emails, phishing attacks, fraud or other criminal activities.

7. USER GENERATED CONTRIBUTIONS

The Bitizen Product and Website does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on our social media accounts, including but not limited to text, writings, video, audio, photographs, graphics including NFTs, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users and through third-party websites. As such, any Contributions you transmit may be treated in accordance with Bitizen Wallet Privacy Policy. 

8. CONTRIBUTION LICENSE

You and the Bitizen Wallet agree that we may access, store, process, and use information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the social medias linked to the Bitizen Wallet. You are solely responsible for your Contributions and you expressly agree to free us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

9. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Bitizen Wallet (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

10. PRODUCT MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Bitizen Wallet for violations of these Terms of Use; (2) take appropriate actions against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, technical means and reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) otherwise manage the product in a manner designed to protect our rights to facilitate the proper functioning of the Bitizen Wallet.

11. ON-CHAIN TRANSACTIONS

Bitizen Wallet, it’s Products and Services are used to facilitate users’ digital assets and on-chain transactions, however, under no circumstances the Company has responsibility for any users’ activities, including but not limited to check-up on sending and receiving addresses, amounts, selection of the corresponding blockchain and third-party service provider etc., as well as eligibility of the users’ to store their digital assets or to make the transactions. The responsibility for storing digital assets and sending them on-chain lies on the user, including compliance with the regulations.

12. TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Bitizen Wallet. Violating these Terms reserve us the right to take appropriate technical and legal actions, including without limitation pursuing civil, criminal, and injunctive redress.

13. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Bitizen Wallet at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Product with 60 days notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Bitizen Wallet.

We cannot guarantee that the Bitizen Wallet will be available at all times. We may experience hardware, software, business or other problems or need to perform maintenance related to the Bitizen Wallet, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Bitizen Wallet and other Services for any reason. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Bitizen Wallet during any downtime or discontinuance of the Bitizen Wallet.

 Nothing in these Terms of Use will be construed to obligate us to maintain and support the Bitizen Wallet or to supply any corrections, updates, or releases in connection therewith.

14. GOVERNING LAW

These Terms shall be governed by and defined following the laws of Cayman Islands. By using Bitizen Wallet you irrevocably consent that the courts of Cayman Islands shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

15. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by a Superior Court of Record of First Instance which, as a result of referring to it, is considered as the part of this clause. The number of arbitrators shall be 2 from each side. The seat, or legal place, of arbitration shall be Georgetown, Cayman Islands. The language to be used in the arbitral proceedings shall be English. The governing law of the contract shall be the substantive law of Cayman Islands.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

16. CORRECTIONS

There may be information on the Bitizen Wallet that contains typographical errors, minor translation errors, inaccuracies, or omissions, including descriptions, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.

17. DISCLAIMER

THE BITIZEN WALLET IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE BITIZEN WALLET AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE BITIZEN WALLET AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE CONTENT OF ANY THIRD-PARTY SERVICE PROVIDERS LINKED TO THE BITIZEN WALLET AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) FINANCIAL LOSS, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE BITIZEN WALLET, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE BITIZEN WALLET, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE BITIZEN WALLET BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA BITIZEN WALLET. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

18. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF , EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION.

19. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Bitizen Wallet; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of Bitizen Wallet.

20. USER DATA

We will maintain certain data that you transmit to the Bitizen Wallet for the purpose of managing the operations, as well as data relating to your use of the Bitizen Wallet. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Bitizen Wallet. You agree that we shall have no liability to you for any financial loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Website, sending us emails, and completing online forms constitute electronic communications, you consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and in the product, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR IN THE BITIZEN WALLET PRODUCT. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention by any means other than electronic means.

22. MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us in the Bitizen Wallet or in respect to the Bitizen Wallet constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Bitizen Wallet. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

23. CONTACT US

In order to resolve a complaint regarding the Bitizen Wallet or to receive further information regarding use of the Bitizen Wallet, please contact us at:

Governors Square, 

Suite # 5-204, 23 Lime Tree Bay Avenue, 

P.O. Box 477, Grand Cayman, 

KY1-1108, Cayman Islands