PLEASE READ CAREFULLY BEFORE DOWNLOADING AND/OR USING ANY SOFTWARE
FROM THIS WEBSITE, Web Wallet, Mobile Wallet and Enterprise Wallet:
These Terms and Conditions (“Terms”) constitute a legal agreement between you, the End User, and MOONSTAKE Limited (App, Platform and Website, Web Wallet, Mobile Wallet and Enterprise Wallet), the data supplied with the software, and the associated media (Software).
We grant use of the Software to you on the basis of these Terms. We do not sell the Software to you. We remain the owners of the Software at all times.
We may change the Terms at any time for whatever reason and without notice. Any changes to the Terms will be posted on our website, and your continued use of the Software constitutes acceptance of the updated Terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.
BY DOWNLOADING THE SOFTWARE FROM THIS WEBSITE (Web Wallet, Mobile Wallet and Enterprise Wallet) YOU AGREE TO THE TERMS WHICH WILL BIND YOU.
● THE TERMS INCLUDE, IN PARTICULAR, LIMITATIONS ON LIABILITY IN condition 4 (Limitation of Liability).
● THE LIST IN “SCHEDULE: RESPONSIBILITIES AND RISKS BELOW IS A SET OF
RISKS ASSOCIATED WITH THE USE OF THE SOFTWARE AND YOUR RESPONSIBILITIES THAT YOU ACKNOWLEDGE IN USING THE SOFTWARE. THIS IS NOT AN EXHAUSTIVE LIST AND IT IS PROVIDED TO YOU FOR GUIDANCE
● IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST DISCONTINUE THE DOWNLOADING PROCESS NOW AND/OR DELETE THE SOFTWARE FROM YOUR DEVICE(S).
1. Grant and Scope of Use
1.1 In consideration for you agreeing to abide by the Terms, we hereby grant to you a non-exclusive, non-transferable right to use the Software.
1.2 You may:
a – Download, install and use the Software for your personal purposes only on a single device.
b – Provided it is used on only one device at any one time, transfer the Software from one device to another;
c – Provided you comply with the provisions in condition 2, make up to a reasonable number of copies of the Software for backup purposes only; and receive and use any free supplementary software code or update of the Software incorporating “patches” and corrections of errors as may be provided by us from time to time.
Except as expressly set out in these Terms or as permitted by any local law, you undertake:
a – Not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Software;
b – Not to make alterations to, or modifications of, the whole or any part of the Software, nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs;
c – Not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Software nor attempt to do any such thing;
d – To keep all copies of the Software secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Software;
e – To include our copyright notice on all entire and partial copies you make of the Software on any medium;
f – Not to provide or otherwise make available the Software in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person;
g – To comply with all applicable technology control laws and regulations.
3. Intellectual property rights
3.1 You acknowledge that all intellectual property rights in the Software and the Documents anywhere in the world belong to us and that you have no rights in, or to, the Software or the Documents other than the right to use them in accordance with these Terms.
3.2 You acknowledge that you have no right to have access to the Software in source code form.
4. Limitation of liability
4.1 All exclusions in this clause shall apply to the fullest extent permissible at law.
4.2 The Software is provided to you on an “as is” basis. All warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are excluded from this agreement.
4.3 We do not warrant that the functions contained in the Software will be uninterrupted or error free, that defects will be corrected or that the Software is free of viruses, worms, Trojan horses, bugs or similar harmful devices or that your use of the Software will provide specific results.
4.4 We will not be liable or responsible for any act or event beyond our control, including without limitation the matters listed in Schedule: Responsibilities & Risks.
4.5 We shall not in any circumstances have any liability for any losses or damages which may be suffered by you (or any person claiming under or through you), including but not limited to:
a – special damage
b – loss of profits
c – loss of anticipated savings
d – loss of business opportunity
e – loss of goodwill
f – loss of, or damage to (including corruption of), data, whether the same are suffered directly or indirectly or are immediate or consequential, and whether the same arise in contract, tort (including negligence) or otherwise.
4.6 You shall comply with the Terms and shall indemnify us against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with your breach of these Terms.
4.7 You assume all costs if your use of the Software results in the need for servicing, repair or correction of equipment, software or data.
5.1 We may terminate the relationship between you and MOONSTAKE immediately at any time for any reason.
5.2 Upon termination for any reason:
a – All rights granted to you under these Terms shall cease
b – You must immediately cease all activities authorised by these Terms
c – You must immediately delete or remove the Software from all computer equipment in your possession, and immediately destroy or return to us (at our option) all copies of the Software and Documents then in your possession, custody or control and, in the case of destruction, certify to us that you have done so.
6. Communications between us
6.1 If you wish to contact us in writing you can email to [email protected] We will confirm receipt of this by contacting you in writing, normally by email.
7. Other important terms
7.1 We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms.
7.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
7.3 These Terms constitute the entire agreement between you and MOONSTAKE and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.
7.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
7.5 We shall assume no responsibility for any loss or damage that may be incurred due to the failed recovery data or tokens on the MOONSTAKE platform, website or app (Web Wallet, Mobile Wallet and Enterprise Wallet), or not recording the recovery/backup passphrase (security code, recovery code), loss of data, erroneous transmission of cryptocurrency, loss of recovery passphrase, leaked ID/password to third parties, and hacking by third parties.
7.6 Each of the conditions of the Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
7.7 These Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Cayman Islands law. We both irrevocably agree to the exclusive jurisdiction of the courts of Cayman Islands.
7.8 Regarding the contents of these Terms, in the event that any difference or inconsistencies arise between the various translations, the English version shall prevail.
These are your responsibilities should you choose to use the Software:
● If you choose, or you are provided with a user identification code, passphrase, security code, password or any other piece of information (Security Code) as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
● You are strongly advised to backup any Security Code.
● If you lose a Security Code we cannot assist you in the retrieval of that Code.
● Be fully aware that if you are using a rooted or jailbroken devices, then your private keys, backup phrases or passwords might be vulnerable to third party’s interference.
These are the risks you acknowledge in using the Software:
● Virtual currencies. Virtual Currencies are not backed by governments or central banks. They are not protected by government deposit protection schemes. Virtual Currencies may be extremely volatile. Virtual Currency technology is extremely nascent and unproven. Virtual Currency software and providers are regularly subject to hacking attempts resulting in loss of funds. Read the EBA warning here for more details on Virtual Currencies.
● Digital Assets. Similar to Virtual Currencies, Digital Assets are not backed by governments or central banks. They are not protected by government deposit protection schemes. Digital Assets may be extremely volatile. Digital Assets technology is extremely nascent and unproven. Digital Assets software and providers are regularly subject to hacking attempts resulting in loss of funds.
● Protocol failure. A Virtual Currency protocol may fail resulting in total loss of Virtual Currencies held by users.
● Disasters. Disasters may damage the Virtual Currencies systems resulting in loss of Virtual Currencies held by users.