This Agreement is between you (“you”, “your”, or “User”) and Hodllabs, Inc., a Delaware corporation (“Hodllabs”, “us”, “we,'' “our”, or the “Company”). By visiting, using, or accessing (“using”, “use”) our Website, products and other services (“Services”) you agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before using our Services. If you do not agree to all the terms and conditions of this Agreement, then you may not use any of our Services.
If you continue to use our Services after you have learned of any changes or amendments hereto, you are deemed to have accepted these amendments and changes. However, if you do not accept them, you are not entitled to use our Services and you shall stop using our Services immediately.
1.1. “Vault E”, “Device” means an electronic device, developed and distributed by Hodllabs, generally referred to as a “hardware wallet”, used to manage and secure Users’ Private Keys.
1.2. “Private Key” means a critical piece of alphanumeric data used to authorize outgoing transactions on blockchain networks.
1.3. “Website” means all websites owned and operated by Hodllabs under the domain name hodllabs.io and all its subdomains.
1.4. “App”, “Wallet”, “Webapp” means any software program developed by us through which you can assess your Device, manage your Cryptocurrency Coins, and any other feature we may provide in the future through the App.
1.5. “24-Word Recovery Seed” means a chain of twenty-four (24) randomly selected words from a list of available words used to generate the Private Key. This seed is used to back-up in order to restore access to your Private Key on a Vault E or compatible device.
1.6. “Cryptocurrency Coins”, “Coins” means types of digital money asset which can be transmitted with blockchain technologies. Such Coins include Bitcoin, Ethereum, and other similar asset which shall be added in the future.
1.7. “Pin” means the numeric password chosen by the user to unlock a Vault E.
1.8. “Passphrase” means an alphanumeric password chosen by users at the time of setup. This behaves as a password and used in conjunction with the 24-Word Recovery Seed to generate the Private Key.
2.1. To be eligible to use our services, you must be at least 18 years old or be deemed able to enter into a legal contract in your country of residence.
2.2. ou acknowledge that you have full legal capacity and that your legal capacity has not been previously limited to an extent that could prevent you from accepting these Terms, using our Services and managing your Cryptocurrency Coins.
2.3. f you use our Service on behalf of a legal entity, you represent that it has been duly organized and exists in accordance with the laws of the governing jurisdiction and you represent that you are authorized to act on behalf of the legal entity including but not limited to, binding the legal entity in a contractual manner.
2.4. ou can only use our Services if permitted under the laws of your jurisdiction. You are responsible to ensure you are in compliance with all laws, rules, and regulations that apply to you.
3.1. Vault E and the Wallet software is designed to allow to manage your Private Key generated from a set of 24-Word Recovery Seed.
3.1.1. 24-word seed phrase is either generated within the Device itself or provided by the user.
3.2. Vault E and the Wallet software allows users the following core functionality:
3.2.1. Store user’s Private Key
3.2.2. Allow user to view their balance of all supported Cryptocurrency Coins
3.2.3. Allow user to view, send, and/or receive transactions on supported Cryptocurrency Coins
3.3. Vault E and the Wallet software are non-custodial services. This means that we do not store, have access to, or manage your Coins or your Private Key.
3.4. Transaction performed using Vault E and the Wallet software takes place strictly on the respective blockchain network. Said network is neither owned not controlled by Hodllabs.
3.5. Ensuring the accuracy of details of a transaction performed on Vault E and the Wallet software, including but not limited to, coin amount and recipient address is the sole responsibility of the user.
3.6. We do not assume, under any circumstances, any liability for any obligations of the third party receiving the transaction. We are not in any way a part of such a legal relationship and any subsequent claims and disputes shall always be settled solely between you and the respective third party. You shall indemnify and hold Hodllabs harmless for any liability arising out of or accruing from your transaction with a third party.
3.7. When submitting a transaction, Wallet shall calculate for your information an approximate amount of fiat currency equal to the amount of Cryptocurrency you endeavor to send. This calculation is only for your information and it is based on the exchange rates provided by a third-party provider, CoinGecko (https://www.coingecko.com/en).
3.8. Use of Vault E or Wallet software with unsupported Cryptocurrency Coins is strictly prohibited. If a user engages in such activities, it is the sole responsibility of the user for any potential loss of coin. Hodllabs shall not be held liable for such as loss.
4.1. We are not responsible for information made available on this site that is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
4.2. This site may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
5.1. No retrieval of Private Keys
5.1.1. The only existing backup is with you. We do not have access to or store passwords, 24-Word Recovery Seed, Private Keys, Passphrases, transaction history, pin, or other credentials associated with your use of the services. We are not able to help you retrieve your credentials. You are solely responsible for remembering, storing, and keeping your credentials in a secure location. Any third party with knowledge of one or more of your 24-word recovery seed or pin can gain control of the Private Keys associated with your Vault E or of the 24-Word Recovery Seed. You understand the risk of providing a third party with sensitive information.
5.2.1. We are not responsible for, nor can we offer, any specific advice regarding any taxes or customs-related fees that you may incur or be liable to pay by using our Services. It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the Service.
5.3.1. Users understand that some of the technology supported or made available through our services are new, untested and outside of our control. Advances in cryptography, or other technical advances such as the development of quantum computers, could present risks to blockchain networks which could result in the theft or loss of Cryptocurrency assets. Other adverse changes in market forces or in the technology, broadly construed, may prevent or compromise our performance under these Terms.
5.4.1. Hackers or other groups or organizations may attempt to interfere with our products and information systems in several ways, including without limitation denial of service attacks, side-channel attacks, spoofing, smurfing, malware attacks, or consensus-based attacks. There may be additional risks that we have not foreseen or identified in these Terms. Before you use our Services, you are strongly encouraged to carefully assess whether your financial situation and risk tolerance is compatible with such use. For the avoidance of doubt, and notwithstanding the generality of the Limitation of Liability section, you hereby agree that Hodllabs shall have no liability for any loss that incurs as a result of the risks highlighted in this section.
6.1. As a user of our Services, we grant you a limited, personal, non-commercial, non-exclusive, non-transferable, and revocable license to use our Services. When using our Services, you are required to adhere to the following policies:
6.1.1. Do no harm. You agree (i) not to distribute any virus or other harmful computer code through our systems, (ii) not to use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Services or to extract data, (iii) not to provide false, inaccurate, or misleading information, and (iv) not to take any action that may impose an unreasonable or disproportionately large load on our or any of our third-party providers’ infrastructure.
6.1.2. Don’t circumvent our security. You agree not to bypass, circumvent, or attempt to bypass or circumvent any measures that we may use to prevent or restrict access to our Services.
6.1.3. Don’t break the law. 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, fraud, illegal gambling, money laundering, or terrorist activities. You further agree not to encourage or induce any third party to engage in any of the activities prohibited under this section.
6.1.4. Don’t interfere. You agree that you will not use or attempt to use another user’s Wallet without authorization, or use our Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner.
6.2. Any use of our Services other than as specifically authorized in these Terms, without our prior written permission, is strictly prohibited and will terminate your license to use our Services.
7.1. We may change, update or suspend the Services, temporarily or indefinitely, so as to carry out work including, but not limited to, firmware and software updates, maintenance operations, amendments to the servers, bug fixes etc. We will make reasonable efforts to give you prior notice of any significant disruption. We cannot guarantee uninterrupted availability of our Services and you shall hold us harmless for any loss incurred due to interruption in our Services.
7.2. Under no circumstances, irrespective whether you have been notified in advance or not, are we liable for any losses incurred by you as a result of the unavailability of our Service.
8.1. The Service is provided on an “as is” and “as available” basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from Hodllabs or through the Service will create any warranty not expressly stated herein. Without limiting the foregoing, Hodllabs, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service.
8.2. Hodllabs does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and Hodllabs will not be a party to or in any way monitor any transaction between you and third-party providers of products or Services.
9.1. You expressly understand and agree that Hodllabs and its owners, shareholders, directors and employees shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, cost of procurement of substitute goods or services, or other intangible losses, resulting from:
9.1.1. The use or inability to use the Services;
9.1.2. Any changes made to the Service or any suspension or cessation of the services or any part thereof;
9.1.3. The unauthorized access to or alteration of your transmissions or data;
9.1.4. The deletion of, corruption of, or failure to store and/or send or receive your transmissions or data on or through the Service;
9.1.5. Any other matter relating to the Service.
9.2. Hodllabs assumes no liability or responsibility for any:
9.2.1. Errors, mistakes, or inaccuracies of content;
9.2.2. Personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our Service;
9.2.3. Any unauthorized access to or use of our secure servers and/or any and all personal information stored therein;
9.2.4. Any interruption or cessation of transmission to or from the Service;
9.2.5. Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Service by any third party;
9.2.6. Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service;
9.2.7. User Content or the defamatory, offensive, or illegal conduct of any third party.
10.1. This Agreement will be construed in accordance with and governed by the laws of Florida without regard to conflict of laws principles
11.1. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The number of arbitrators shall be one (1) and the place of arbitration shall be Seminole County, Florida. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
12.1. You will indemnify and hold us, our affiliates, subcontractors, licensors and agents and our and their owners, shareholders, directors, offices, employees and representatives, harmless from and against all damages arising from or related to:
12.1.1. Your breach of these Terms; and
12.1.2. Third party claims arising from or related to your acts, omissions or Transactions.