TERMS OF USE / DISCLAIMER:

Thank you for installing the Kesem secured wallet for Cryptocurrencies and Blockchain Assets (the “Wallet”). The Wallet is operated and owned by Kesem I.O Ltd., a company registered in Israel (the “Company”). ‘We’, ‘us’ or ‘our’ means the Company, and ‘you’ means the user of our Service or the entity on whose behalf the user is using the Service.  By using the Wallet you (a) accept these Terms of Use and agree that you are legally bound by its terms; and (b) represent and warrant that: (i) you are of legal age to enter into a binding agreement; and (ii) if you are a corporation, governmental organization or other legal entity, you have the right, power and authority to enter into these Terms of Use on behalf of the corporation, governmental organization or other legal entity and bind them to these terms.

 

Scope of License. This is a non-transferable license granted to you by the Company to use the Wallet on any mobile   device that you own or control. The Wallet may be used only for legal activities. Any use of the Wallet for selling or purchasing illegal products or services is prohibited. You are required to comply with any local laws or regulations applied to you when using the Wallet for cryptocurrency payments, as well as owning and using such cryptocurrency.  

 

You may not rent, lease, lend, sell, redistribute or sublicense the Wallet. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Wallet, any updates, or any part thereof (except in the instance, and only to the extent, that any foregoing restriction is prohibited by applicable law)[B1] . Any attempt to do so is a violation of the rights of the Company. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by the Company that replace and/or supplement the original Wallet, unless such an upgrade is accompanied by a separate license, in which case the terms of that license will govern. This license does not grant you with any rights to use the trademarks, tradenames, or logo of the Company or the Wallet.  [B2] 

 

You acknowledge that your use of the Wallet is at your own discretion and in compliance with all applicable laws. You are responsible for safekeeping your passwords, private key pairs, PINs, backup key, and any other codes you use to access the Software. If you did not choose to backup your key with us, or you have misplaced your backup key and lose access to your Wallet or your password, any cryptocurrency or blockchain assets you have associated with that Wallet will become inaccessible. All transaction requests are irreversible. The Company cannot access or retrieve your private keys or passwords if you lose or forget them and cannot guarantee transaction confirmation as we do not have control over the network.

 

Consent to Use of Data. The Wallet provides a secured cryptocurrency payments platform. When you use the Wallet, you may:

 

Send, receive, exchange and store cryptocurrencies, tokens, or blockchain assets; have your transactions risk analyzed; and receive third-party services.

 

 

(The “Services”).

 

You agree to the provision of the Services via the Wallet. In addition, you agree that upon your registration to use the Wallet, you must provide us with your mobile phone number and email address, which will be stored on the Company’s (or its contractors') servers for the purpose of providing risk and fraud analysis Services, as well as for statistical and internal purposes. The Company shall not use the information provided by you or collected from you other than as set forth in the Privacy Policy attached hereto.   

 

No Warranty. The Company and any other parties involved in the creation, production, delivery, storage and activation of the Wallet and the Services, expressly disclaim any and all warranties, express and implied, including but not limited to any warranties of accuracy, reliability, title, merchantability, interruption, delays, loss of Service, loss resulting from system failure, breaches in system security, non-infringement, fitness for a particular purpose or any other warranty, condition, guarantee, or representation, whether oral, written or in electronic format, including but not limited to the accuracy or completeness of any information contained therein or provided by the Wallet and the Services. The Wallet is provided to you ‘as-is’. You further understand that the Wallet is intended merely as a bitcoin and other cryptocurrencies wallet or blockchain assets to enable you to make, store, send and receive cryptocurrency payments and exchange cryptocurrencies in a secure manner. The Company is not a cryptocurrency or fiat currency exchange. All additional services outside secured cryptocurrency payments processing are performed by third-party providers that act as independent contractors. Such services are subject to these third-party providers’ terms and conditions and the Company takes no responsibility for their performance. Please read all applicable terms and conditions before using third-party services.

 

The Company shall not be liable to any breach of the Wallet and shall not be liable for any loss or damages whatsoever from the use of, or reliance on, the Wallet. All transactions made while using the Wallet are under your exclusive control and own risk and the Company shall have no liability with respect to such transactions whatsoever. The Company and other parties involved in the creation, production, storage or delivery of the Wallet make no warranty, implied or explicit, that any part of the Service will be uninterrupted, error-free, virus-free, timely, secure, or accurate. The Company reserves the right to withdraw or amend the Service provided on the Wallet without notice. The Company shall not be liable if, for any reason, the Wallet is not available at any time or for any period. No information, whether oral or written, obtained by you from us or through or from the Wallet, shall create any warranty not expressly stated in these Terms of Use. We do not screen Wallet users. Any dealings or interactions you may have with other Wallet users are at your own risk. We will not be responsible for any harm caused to you by virtue of your interaction or dealings with another user or otherwise by virtue of your use of the Wallet. From time to time, the Company may restrict access to some parts of the Wallet, or the entire Wallet, if required, for maintenance or other reasons.  

 

Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE WALLET OR THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLLY TO YOU. In no event shall the Company’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount paid by you to the Company. The foregoing limitations will apply even if the above stated remedy fails its essential purpose.

 
Fees. There may be charges for using some features of the Wallet. There are also commissions and fees
payed when using the services provided by third-party providers. Bitcoin and other cryptocurrencies or blockchain assets transactions include a miner fee which is collected by the relevant network. You agree to pay all charges, including fees and taxes, and any part thereof, when you use, purchase, or participate in a Service from the Company or third-party service providers through the Wallet.

 

Intellectual Property. All intellectual property rights in the Wallet, including but not limited to copyright, trademarks, content, and design of the Wallet is owned by the Company. Any use of the Wallet, including copying, publishing, republishing, distributing, downloading, storing whether in part or whole, other than for your personal use of the device to which the Wallet was downloaded, is prohibited without the written permission of the Company. 


Termination. If you breach the provisions of the Terms of Use, we reserve the right to suspend or permanently terminate your access to the Wallet.

Content. All features, content, specifications, products
and prices of products and services described or depicted on this Wallet, if any, are subject to change at any time without notice.

Indemnity. You agree to defend, indemnify and hold the Company and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorney fees, related to or in connection with (i) the use of the Wallet or your placement or transmission of any transaction or information using this Wallet; (ii) your violation of any term of this Terms of Use; (iii) your violation of any third-party right, including, and without limitation to, any right of privacy, publicity rights or intellectual property rights; or (iv) your violation of any law, rule or regulation of any country.

 

Statute of Limitation. You acknowledge, understand, and agree that regardless of any statute or law to the contrary, any claim or action arising out of, or related to, the use of our Services or these Terms of Use, must be filed within 1 (one) year after said claim or cause of action arose or shall be forever barred.


Jurisdiction. These Terms of Use shall be governed by and construed exclusively in accordance with the laws of Israel under the exclusive jurisdiction of the courts of Tel Aviv, Israel. If you choose to access this Wallet from outside of Israel, then you are responsible for compliance with local laws if and to the extent that local laws are applicable.

Severability. In the event that any court shall declare any section or sections of these Terms of Use invalid or void, such declaration shall not invalidate the entire Terms of Use, and all other paragraphs of these Terms of Use shall remain in full force and effect.

 

Entire Agreement. These terms and conditions are the entire agreement between the user and the Company and supersede any prior understandings or agreements (written or oral).

Copyright © 2018 Kesem I.O Ltd., ALL RIGHTS RESERVED.

 

 

 

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© 2018 by Kesem.io