Terms of Service

Updated: October 25, 2022 GRAVT s.r.o., and/or its affiliates ("we," "our," or "us") provides its software services through its website located at holduz.io and related mobile applications and products (collectively the "Services" or "Holduz"). Before using our Services, please read the Terms of Service (the "Terms") carefully, along with any other policies or notices on our website or mobile applications.

Agreement to terms

By accessing or using any or all of the Services, you expressly acknowledge that:

• you have read and understood these Terms;
• you agree to be bound by these Terms;
• 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.

For details on how we collect, use and disclose information from our users, please see our Privacy Policy at https://holduz.io/privacy-policy . You acknowledge and agree that we may collect, use and/or disclose your information (including any personal information you provide to us) in accordance with our Privacy Policy.

We reserve the right to update or modify these Terms at any time at our sole discretion. If we do so, we’ll let you know by either posting the revised Terms on our website, on our mobile application. Such revised Terms as posted will take effect immediately. You should regularly check our website to inform yourself of any such changes and decide whether or not to accept the revised version of these Terms. If you continue to use Trust Wallet following any update or modification of the Terms you shall be deemed to have accepted the revised Terms. If you do not agree to the Terms or any update or modification to the Terms, you must cease to access or use our Services. Our Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without prior notice, and at our sole discretion.

Eligibility

To be eligible to use Trust Wallet:

• you must be at least eighteen (18) years old and legally competent to enter into these Terms;
• you must not be a resident of sanctioned jurisdictions;
• and you must not be currently the subject of or subject to economic sanctions any list maintained by relevant sanctions authority.
• and you must not be currently the subject of or subject to economic sanctions any list maintained by relevant sanctions authority.

• the legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization;
• and you are duly authorized by such legal entity to act on its behalf.

Services

Holduz is a non-custodial wallet software, for digital assets such as cryptocurrencies, virtual commodities 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 Holduz is a non-custodial wallet software, you are solely responsible for your activity and any risk of loss at all times.

Wallet Address, Private Key, and Backup Capabilities

Your devices may store an encrypted backup of certain information associated with your wallet. The private key is associated with the wallet address, and together they may be used to authorize the transfer of Digital Assets to and from that wallet address. You are solely responsible for the custody and security of your private key and any mnemonic phrase ("Seed 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 keep backups of your private keys, Secret Phrase or passwords. Failure to do so may result in loss of control of the Digital Assets associated with your wallet. You acknowledge and agree that we do not obtain 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 do not remember your original password. If you have not backed up any Wallet address and private key pairs stored in your Wallet, you accept and acknowledge that any Digital Assets associated with such Wallet address will become inaccessible. Accordingly, we shall have no liability in the event that 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.

Additionally, we offer the "Pass Phrase" feature for your Seed Phrase, which is an additional custom word as a password for the main Seed Phrase. If you create a wallet with Pass Phrase and then lose this word, you may lose access to your wallet. Please check this feature on our website, as without a proper understanding of this feature you may have problems exporting your wallet. By agreeing to these terms, you understand what the Pass Phrase is and assume all risks associated with this feature.

Pass Phrase is ADDITIONAL, you do not have to use it, all services will be fully available without this feature. Pass Phrase is designed for additional security for advanced users.

Use of DApps

If you access or use DApps, you acknowledge and agree that:

• Holduz is not responsible for your access or use of DApps and shall have no liability whatsoever in connection with your use of DApps, including, without limitation, any transactions you dispute;
• the limits of amounts that you may exchange via DEX per day shall be subject to any requirements of the third-party developed Smart Contracts;
• blockchain operations are irrevocable meaning when you conduct any transactions via DApps or DEX, you shall be solely responsible for the consequences of any issues associated with such transactions, including, without limitation, your transfer to an incorrect address or problems associated with the node servers selected by you;
• when you use DApps or DEX, third-party developed Smart Contracts may charge you handling fees and/or service fees and any information displayed on Holduz relating to such fees are for your reference only as Holduz cannot and does not guarantee its accuracy, applicability, reliability, integrity or appropriateness, nor shall Holduz be liable for any loss or damage that may be caused directly or indirectly by your use of these contents;
• and Holduz does not any service fees or handling fees for the use of DApps or DEX.

Holduz DOESN'T REPRESENT trading of your NFT assets, nor does it participate in any commissions associated with NFT assets, by using such platforms you agree to their terms of use and are solely responsible for such use.

Use of Exchange

If you use Holduz to exchange Digital Assets using the Exchange service, the third party will convert the Digital Asset you select into the corresponding Digital Asset and credit it to your wallet. You acknowledge and agree that:

• you understand and agree that all cryptocurrency exchanges and information provided through the Services are executed by Third Party Service providers, and that Holduz does not itself directly exchange virtual currencies;
• you will be subject to any terms and conditions imposed by the relevant third party service provider;
• Holduz does not have the ability to modify, revoke or cancel any conversion requests you have posted;
• Holduz is not responsible for any exchange rates offered by the applicable third party service provider(s);
• and Holduz is not responsible for any fees charged by the applicable third party service provider.

Buy Digital Assets with Supported Credit or Debit Cards

If you use Holduz to purchase Digital Assets with your credit or debit card, a third party will convert your chosen amount into the applicable Digital Asset and credit it to your wallet. You acknowledge and agree that:

• Holduz is not responsible for your use of such third party service and shall have no liability whatsoever in connection with your use of such service;
• you will be subject to any terms and conditions imposed by the relevant third party service provider;
• Holduz has no ability to change, withdraw or cancel any conversion requests you place;
• Holduz is not responsible for any exchange rates offered by the relevant third party service provider(s);
• and Holduz is not responsible for any fees charged by the relevant third party service provider(s) or your bank or credit card issuer(s).

Digital Asset Transactions

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 and do not ensure that any transaction details that you submit via our Services will be confirmed and processed. By using Holduz, you acknowledge and agree that:

• we do not have the ability to cancel or otherwise modify your transaction;
• the transaction details you submit may not be completed, or may be substantially delayed, by the applicable blockchain networks;
• we do not store, send, or receive Digital Assets;
• and 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.

Accuracy of Information Provided by User

You represent and warrant that any information you provide via the Services is accurate and complete. You accept and acknowledge that we are not responsible for any errors or omissions that you make in connection with any Digital Asset transaction initiated via the Services. We strongly encourage you to review your transaction details carefully before attempting to transfer a Digital Asset.

Wallet registration and security

You must either import or create a wallet in order to use Holduz. When you create a wallet, you will be assigned a private key. You agree to immediately notify us of any unauthorized 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:

• 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;
• do not store the private key and Secret Phrase in plain text online or in an unsecured physical location;
• limiting access to your devices and your wallet;
• taking all necessary precautions against malware on your devices and networks;
• 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 whatsoever in connection with activities that occur on your wallet with or without your authorization.

Push Notifications

You can agree to receive push notifications from Holduz, which will alert you about deposits to your wallet and about sending transactions involving your wallet. If you want to receive push notifications, you need to connect to this service by going to "Settings" and turning on "Push notifications".

Payment and Fees

Fees applicable to the Services or any component of the Services, if any, shall be set forth at holduz.io and/or the Holduz mobile application.

Transaction Fees

There may be transaction fees (e.g. mining fees) associated with your virtual currency transactions that are required by the virtual currency system or blockchain network that you engage with. You must ensure that you have an adequate balance in your wallet and/or "gas" to complete transactions before initiating a transaction. You acknowledge and agree that we will not be liable for any failed transactions or losses you incur due to incorrectly set transaction fees (i.e. too low or too high) or due to insufficient funds or gas associated with your wallet address. You further acknowledge and agree that we do not have access to your or anyone else’s transactions.

Taxes

It is your responsibility to determine what, if any, taxes apply to the transactions that you have submitted transaction details for via the Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that we are not responsible for determining whether taxes apply to your transactions or for collecting, reporting, withholding, or remitting any taxes arising from any Digital Asset-related transactions.

Third party services and content

In no event shall a description or reference to a third party’s product or service (including, but not limited to, providing a description or reference via hyperlink) be construed as an endorsement or promotion of such third party products or services by us. We retain the exclusive right to add to, modify, or cancel the availability of any Third Party Service. You may agree to receive push notifications from Third Party Content providers. In order to receive push notifications, you must opt in to the service. Push notifications will not be automatically enabled on your device for Third Party Content. We do not control, endorse, or adopt any Third Party Content shared through push notifications, and will have no responsibility for Third Party Content including, but not limited to, token availability and/or sales. If, to the extent permitted by Holduz, you grant express permission to a third party to access or connect to your Holduz account, either through the third party’s product or service or through Holduz, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under these Terms. You are fully responsible for all acts or omissions of any third party with access to your wallet.

Intellectual property

License

As long as you agree to and comply with the present Terms, we grant you a non-exclusive, non-sublicensable and non-transferable license to use Trust Wallet for your personal use or internal business use only. Except as otherwise expressly permitted in these Terms, you will not:

reproduce, modify, adapt or create derivative works of any part of Holduz;

• rent, lease, distribute, sell, sublicense, transfer, or provide access to Holduz; use Holduz for the benefit of any third party;
• incorporate Holduz into a product or service you provide to a third party without our prior written consent;
• circumvent mechanisms in Holduz intended to limit your use;
• reverse engineer, disassemble, decompile, translate, or otherwise seek to obtain or derive the source code, including images and texts, underlying ideas, algorithms, file formats or non-public APIs to Holduz, except to the extent expressly permitted by applicable law (and then only upon advance notice to us);
• reverse engineer, disassemble, decompile, translate, or otherwise seek to obtain or derive the source code, including images and texts, underlying ideas, algorithms, file formats or non-public APIs to Holduz, except to the extent expressly permitted by applicable law (and then only upon advance notice to us);
• remove or obscure any proprietary or other notices contained in Holduz;
• use Holduz for competitive analysis, as part of any other software or project of any kind or to build competitive products.

Feedback

From time to time, you may choose to submit feedback to us. We may, in connection with Holduz, freely use, copy, disclose, license, distribute and exploit any feedback in any manner without any obligation, royalty or restriction based on intellectual property rights or otherwise. No feedback will be considered your Confidential Information, and nothing in this Agreement limits our right to independently use, develop, evaluate, or market products or services, whether incorporating feedback or otherwise.

Content

Holduz may contain copyrighted material and trademarks including, but not limited to, text and graphics (the "Content"), which is protected by copyright law, registered and unregistered trademarks, and other intellectual property rights. Unless otherwise provided, we exclusively own the Content. Your use of Holduz does not grant you any right, title, or interest in the Content. You agree that you will not copy, reproduce, modify, republish, upload, post, transmit, distribute, collect, sell, license, create derivative works from, or, in any other way, whether manual or automated, exploit any of the Content, in whole or in part.

Your use of Holduz

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 and will take all necessary actions against you. You further agree that:

• you will not encourage or induce any third party to engage in any of the activities prohibited under this Section;
• 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;
• you will not distribute any virus or other harmful computer code through Holduz;
• 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;
• 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 you will not violate, misappropriate or infringe the rights of Holduz, 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 Holduz other than as specifically authorized in these Terms, without our prior written permission, is strictly prohibited and we shall have the right to terminate your license to use Holduz immediately without notice. You acknowledge and accept that by using the Services, you may be exposed to content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any user content, including any loss or damage to any of your user content.

Limitation of liability & disclaimer of warranties

You acknowledge and agree that we have no control over, and no duty to take any action regarding:

• failures, disruptions, errors, or delays in the processing of Digital Assets that you may experience while using the Services;
• the risk of failure of hardware, software, and Internet connections;
• the risk of malicious software being introduced or found in the software underlying Holduz;
• 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 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:

• user error such as forgotten passwords, incorrectly constructed transactions, or mistyped Digital Asset addresses;
• server failure or data loss;
• unauthorized access to the Holduz application;
• bugs or other errors in the Holduz software;
• and any unauthorized third party activities, including, but not limited to, the use of viruses, phishing, brute forcing, or other means of attack against Holduz.

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.

Indemnity

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:

• your use of and access to the Services;
• any feedback or submissions you provide to us concerning Holduz;
• violation of any Third Party Content your violation of the Terms;
• or your violation of any law, rule, or regulation, or the rights of any third party.

Questions or comments

If you have any questions relating to these Terms, your rights and obligations arising from these Terms and/or your use of Holduz and our Services or any other matter please send us a message on our contact page at support@holduz.io.