Terms of service

These Terms of service apply to your use of the browser extension, available at https://chrome.google.com/webstore (hereafter “Services”).

1. Parties

1.1. This agreement is between you (hereafter “You”) and SimpleSwap Ltd, Trust Company Complex, Ajeltake Road, Ajeltake Island Majuro, Marshall Islands MH 96960 (hereafter “SimpleHold”, “We”, “Us”). You acknowledge that any use of the Services is subject to these Terms of service.

1.2. It's your own responsibility to read the Terms of service carefully before you start to use SimpleHold.

2. Modification of Terms of Service

SimpleHold may, in its sole discretion, modify or revise the Terms of service at any time, and you agree to be bound by such modifications or revisions. Although we may attempt to notify you when major changes are made to the Terms of service, you should periodically review the most up-to-date version, which will always be posted at https://simplehold.io/terms. Your continued use of the Service constitutes your acceptance of such changes.

3. Eligibility

You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of service and to abide by and comply with these Terms of service.

By accessing the Services, you are representing and warranting that you are of the legal age of majority in your jurisdiction as is required to access the Services and enter into arrangements as provided by the Services.

You further represent that you are otherwise legally permitted to use the service in your jurisdiction including owning cryptographic tokens of value, and interacting with the Services in any way. You hereby warrant and represent thatyou are not accessing or using the Services from the Restricted Locations, whichat this time include the USA, North Korea, Sudan, Crimea and Sevastopol, Republic of Cuba, Syrian Arab Republic, Japan, Republic of Iraq, Republic of Yemen, Federal Republic of Somalia, Republic of Congo, State of Libya, Republicof Liberia, State of Eritrea, Republic of Mali, Republic of Zimbabwe, Republic ofCôte d’Ivoire, the Islamic Republic of Iran.

4. Information about Services; Disclaimers; Risks

4.1. Information About Services.

The Services constitute is a client-side interface that allows you to interact directly with the blockchain, while remaining in full control of your keys and assets.

When you access certain features of the Services, you will be able to create a wallet and/or access a wallet to perform a variety of transactions. You will receive a key and set up a password, but you do not and will not create an account with SimpleHold.

You also will not give us any of your assets, and your tokens and coins are not on SimpleHold. All assets are on the blockchain itself, and we do not control them. No data leaves your device or your browser. SimpleHold does not collect or hold your keys or information.

SimpleHold cannot:

access accounts;

recover keys,

recover passwords, or other information;

reset passwords; or

reverse transactions

You are solely responsible for your use of the Services, including, without limitation, for storing, backing-up, and maintaining the confidentiality of your keys, passwords, and information, and for the security of any transactions you perform using the Site.

IT IS VERY IMPORTANT THAT YOU BACKUP YOUR KEYS, PASSWORDS AND INFORMATION. IF YOU LOSE YOUR KEYS, PASSWORDS AND/OR INFORMATION THEN IT WILL NOT BE POSSIBLE FOR US TO RECOVER IT FOR YOU AND YOU MAY LOSE ACCESS TO YOUR VIRTUAL CURRENCY TOKENS.

You expressly relieve and release SimpleHold from any and all liability and/or loss arising from your use of the Services.

4.2. Warranty Disclaimer

You expressly understand and agree that your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement.

We do not represent or warrant that access to the Services will be continuous, uninterrupted, timely or secure and that any defects in its operation will be corrected. You acknowledge and accept that the Services:

may contain bugs, errors and defects,

may function improperly or be subject to delays, periods of downtime and unavailability,

may result in total or partial loss or corruption of data and

may be modified at any time, including through the release of subsequent versions, all with or without notice to you.

You acknowledge that SimpleHold is not responsible for:

transferring, safeguarding, or maintaining your private keys or any digital currency associated therewith,

failure to achieve a certain market value/price for a virtual currency token, whether through a third-party service or any other kind of transaction; and, theft of virtual currency tokens,

any loss, damage or liability arising from your failure to comply with these Terms of service.

4.3 Sophistication and Risk of Cryptographic Systems

By utilizing the Services, you represent that you understand the inherent risks associated with cryptographic systems; and warrant that you have an understanding of the usage and intricacies of native cryptographic tokens, smart contract based tokens, and blockchain-based software systems.

4.4 Risk of Regulatory Actions in One or More Jurisdictions

SimpleHold and any supported cryptographic token and blockchain could be impacted by one or more regulatory inquiries or regulatory action, which could impede or limit the ability of SimpleHold to continue to develop, or which could impede or limit your ability to access or use the Services or the underlying blockchain network.

4.5 Volatility of Cryptocurrencies

You understand that blockchain technologies and associated cryptographic tokens are highly volatile due to many factors including but not limited to adoption, speculation, technology and security risks. You also acknowledge that the cost of transacting on such technologies is variable and may increase at any time causing impact to any activities taking place on the blockchain network. You acknowledge these risks and agree that SimpleHold cannot be held liable for such fluctuations or increased costs.

4.6 Transactions

The only authentic record of virtual currency transactions is the applicable virtual currency blockchain. SimpleHold provides functionality that allows you to send virtual currency transfer instructions. SimpleHold does not guarantee that transactions that you perform using SimpleHold shall be stored in any virtual currency blockchain. You must ensure that your transactions conform to the applicable rules of the virtual currency software. There may be transaction fees (e.g. mining fees) associated with your virtual currency transactions that are required by the virtual currency system you engage with. SimpleHold shall not be responsible for any losses that you incur due to transaction fees or losses that occur due to incorrectly set transaction fees (i.e. too low or high). SimpleHold does not have access to your transactions (or anyone else's).

4.7 No Control Over Blockchains

SimpleHold is not the creator of and does not have any control over, any of the virtual currencies that the Services allow you to use.

4.8 Third Party Integrations

SimpleHold contain libraries developed by third parties. SimpleHold may provide third-party libraries to you as part of the Services but shall not be considered to be the owner or licensor of the third-party libraries.

Please refer to and respect the relevant third party licenses:

User's balance and actual transaction history are supported by each cryptocurrency block explorer, including: getblock.io, nownodes.io.

Although SimpleHold makes it easy to engage with the integrated third party services, we shall not be responsible for any consequences stemming from your use of third-party integrated services.

4.9. Links

The Services provide, or third parties may provide, links to websites, applications or resources. SimpleHold has no control over such websites, applications and resources, and you acknowledge and agree that SimpleHold is not responsible for the availability of such external websites, applications or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. You further acknowledge and agree that SimpleHold shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.

5. Rights; License; Restrictions

5.1 Our Proprietary Rights

All title, ownership and intellectual property rights in and to the Services are owned by SimpleHold or its licensors. You acknowledge and agree that the Services contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by SimpleHold, you agree not to copy, modify, fork, merge, combine with another program, rent, lease, loan, sell, distribute, perform, display or create derivative works based on the Services, in whole or in part.

5.2 Limited License

This agreement licenses SimpleHold Services to you on a personal, revocable, non-exclusive, royalty-free, non-transferable, worldwide-basis, for the purpose of managing virtual currencies.

This license shall remain in effect until and unless terminated by you or us. You promise and agree that you will not redistribute or transfer the Services.

The SimpleHold software application, including Services, is not sold or transferred to you, and SimpleHold and its licensors retain ownership of all copies of the software applications even after installation on your device(s).

All SimpleHold trademarks, service marks, trade names, logos, domain names, and any other features of the SimpleHold brand are the sole property of SimpleHold or its licensors and these Terms of Service do not grant you the right to use them for commercial or non-commercial purposes.

You agree not to use the Services or any part thereof in any manner not expressly permitted by these Terms of service. Except for the rights expressly granted to you in the Terms of service, SimpleHold grants no right, title, or interest to you in the Services.

Third party software (for example, open source software libraries) included in the Services are made available to you under the relevant third party software license’s terms.

5.3 Obligations and Restrictions

Using the Services, you undertake:

to ensure that your device(s) are fully updated and do not contain viruses, malware or otherwise malicious software,

not to interfere with, damage, impair, or disable the Services' operation, by any means (whether through automated means or otherwise), including uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code,

use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express consent,

remove, circumvent, disable, damage or otherwise interfere with the Services' security-related features, features that prevent or restrict the use or copying of any part of the Services, or features that enforce limitations of the Services,

take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive traffic demands of the Service,

not to modify any code or use any SimpleHold content, including images and text, as part of any other software or project of any kind,

not to deposit virtual currency tokens into addresses for tokens that are not supported by the Services,

not to use the Services in a manner likely to infer with other users of Services or virtual currency nodes (e.g. excessive API calls or network spam),

not to use the Services in a manner contrary to applicable laws.

6. Privacy

SimpleHold’s Privacy Policy applies to the collection and use of “Personal Data,” which is defined as information relating to an identified or identifiable natural person. SimpleHold’s Privacy Policy is available at https://simplehold.io/privacy and its terms constitute part of these Terms of service. You understand that by using the Services you consent to the collection, use and disclosure of your Personal Data as set forth in our Privacy Policy.

7. Indemnity

You agree to defend, indemnify and hold harmless SimpleHold, its subsidiaries, affiliates and agencies as well as officers, directors, employees and agents or representatives of any of the foregoing entities from and against any and all claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including but not limited to attorneys’ fees) of any kind whatsoever arising or resulting from your use of and access to the Services, or your violation of these Terms of service. This defense and indemnification obligation will survive these Terms of service and your use of the Services.

SimpleHold reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with SimpleHold in the defense of such matter.

8. Limitation of Liability

You acknowledge and agree that you assume full responsibility for your use of the Services. You acknowledge and agree that any information you send or receive during your use of the Services may not be secure and may be intercepted or later acquired by unauthorized parties. You acknowledge and agree that your use of the Services is at your own risk.

Recognizing such, you understand and agree that, to the fullest extent permitted by applicable law, neither SimpleHold nor its suppliers or licensors will be liable to you for any direct, indirect, incidental, special, consequential, punitive, exemplary or other damages of any kind, including, without limitation, damages for loss of profits, goodwill, use, data or other tangible or intangible losses or any other damages based on contract, tort, strict liability or any other theory (even if SimpleHold had been advised of the possibility of such damages), resulting from the Services; the use or the inability to use the Services; unauthorized access to or alteration of your transmissions or data; conduct of any third party on Services; any actions we take or fail to take as a result of communications you send to us; human errors; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, latency, deletions or defects of any device or network, providers, or software (including, but not limited to, those that do not permit participation in the Services); any injury or damage to computer equipment; inability to fully access the Services or any other service or website; data that is processed late or incorrectly or is incomplete or lost; typographical, printing or other errors, or any combination thereof; or any other matter relating to the Services.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

We do not represent that SimpleHold may be available in all regions and countries around the world. In fact, we reserve the right, in our sole discretion, to limit or terminate your ability to access and use SimpleHold from certain regions or countries. Access to the Services may not be legal by certain persons or in certain countries as well. In addition to that, you assume all obligations and risks associated with the accessibility and use of SimpleHold from any given region or country in the world. Similarly, the Services might be translated into a variety of languages. However, SimpleHold can only verify the validity and accuracy of the information provided in English and, because of this, the English version of documentation related to the Services constitutes the official text.

9. Termination and Suspension

SimpleHold may terminate or suspend all or part of the Services and your access to the Services immediately, without prior notice or liability, if you breach any of the terms or conditions of these Terms of service. Upon termination of your access, your right to use the Services will immediately cease.

The following provisions of these Terms of service survive any termination of access to the Services:

Information about Services; Disclaimers; Risks;

Rights; License; Restrictions;

Indemnity;

Limitation of Liability;

Termination and Suspension;

General Information.

10. General Information

10.1 Entire Agreement

These Terms of service, Privacy Policy and any additional terms, rules and conditions of participation that SimpleHold may post on the Services constitute the entire agreement between you and SimpleHold with respect to the Services and supersede any prior agreements, oral or written, between you and SimpleHold.

In the event of a conflict between these Terms of service, Privacy Policy and the additional terms, rules and conditions of participation, the latter will prevail over the Terms of service to the extent of the conflict.

If any provision of these Terms of service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of service, which shall remain in full force and effect.

10.2 Waiver

No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and SimpleHold’s failure to assert any right or provision under these Terms of service shall not constitute a waiver of such right or provision.

10.3 Assignment

These Terms of service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SimpleHold without restriction.

10.4 No Third-Party Beneficiaries

You agree that, except as otherwise expressly provided in these Terms of service, there shall be no third party beneficiaries to the Terms of service.

10.5 Governing Law, Venue and Jurisdiction

This agreement shall be governed by the laws of England and Wales. Any disputes related to this agreement or SimpleHold shall be heard in the courts of London, the UK

You and SimpleHold agree that any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred to the extent permitted by law.

10.6 Section Titles

The section titles in the Terms are for convenience only and have no legal or contractual effect.

10.7 Communications

We welcome your comments or questions about these Terms of service. You may contact us at [email protected].