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IQWallet Terms of service

Last Updated: September 13, 2021


IQWallet (“we,” “our,” or “us”) provides its services through its website located at iqwallet.io and related mobile applications and products (collectively the “Services” or “IQWallet”). Before using our Services, please read the Terms of Service (the “Terms” or the “Agreement”) carefully, along with any other policies or notices on IQWallet website or mobile applications, and our Privacy Policy. Together, these materials contain terms, rules, and guidelines related to your use of IQWallet. The application is distributed and maintained by XTM Capital LTD.


OVERVIEW

We know that Terms can be long and confusing, so we will do our best to keep things as clear and concise as possible. This section provides a brief summary of the highlights of this Agreement. Please note that when you accept this Agreement, you are accepting all of the terms and conditions and not just this section. The IQWallet software platform has a non-custodial crypto asset software wallet (a «Wallet». We do not have customer accounts for the non-custodial crypto asset software wallet. We do not require you to provide your Personal Data to us to use the IQWallet. If you sign up for our newsletter or provide your Personal Data in a customer service ticket, that information will be collected by us. However, certain third-party services may require you to provide them with Personal Data, in order to use their services within the IQWallet.


HOW YOU ACCEPT THIS POLICY

By creating a locally hosted wallet (a “Wallet”), or visiting our website, you acknowledge that you have read, understood, and agreed to these Terms, as well as the accompanying Privacy Policy. We reserve the right to change these Terms at any time. Any such changes with respect to your use of IQWallet will take effect immediately when posted on our website or on our mobile application. Your continued use of IQWallet following any such change will signify your acceptance to be bound by the then current Terms. Please check the effective date above to determine if there have been any changes since you have last reviewed these Terms. If you do not agree with this Agreement or any modifications to this Agreement, you should not use IQWallet. Failure or delay by IQWallet in enforcing or partially enforcing any provision of these Terms shall not be construed as a waiver of any rights.


ELIGIBILITY

To be eligible to use IQWallet, you must be at least eighteen (18) years old and be able to form legally binding contracts. If you are using our Services on behalf of a legal entity, you further represent and warrant that:

a) the legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and

b) you are duly authorized by such legal entity to act on its behalf. You can only use our Services if permitted under the laws of your jurisdiction.

Please make sure that these Terms are in compliance with all laws, rules, and regulations that apply to you. By using IQWallet, you represent and warrant that you meet all eligibility requirements that we outline in these Terms. We may still refuse to let certain people access or use IQWallet, however, and we reserve the right to change our eligibility criteria at any time.


THE BLOCKCHAIN SERVICES

IQWallet is software that

a) generates Wallet addresses and encrypted private keys that you may use to send and receive Bitcoin, Ethereum and other Crypto assets (the “Virtual Currency”); through the mobile application; and

b) facilitates the submission of Virtual Currency transaction data to blockchains (the “Blockchain Networks”) without requiring you to download or install the associated Blockchain software to your local device. Wallet Address, Private Keys, and Backup Capabilities. An encrypted backup of certain information associated with the Wallet can be stored on your device. The private key is connected to the Wallet address and, together, they can be used to authorize the transfer of Virtual Currency to and from that Wallet address. You are solely responsible for maintaining the security of your private key and any mnemonic (backup) phrase associated with your Wallet. You must keep your Wallet address, mnemonic (backup) phrase, and private key access information secure. Failure to do so may result in the loss of control of Virtual Currency associated with the Wallet.

IQWALLET CANNOT ASSIST WITH MNEMONIC (BACKUP) PHRASE OR PRIVATE KEYS.

IQWallet stores your Wallet address but does not receive or store your Wallet decrypted private keys and mnemonic (backup) phrase associated with your Wallet. We cannot, therefore, assist you with Wallet password retrieval. We cannot generate a new mnemonic (backup) phrase for your Wallet if you fail to remember your original mnemonic (backup) phrase. If you have not safely stored a backup of any Wallet address and private key pairs maintained in your Wallet, you accept and acknowledge that any Virtual Currency you have associated with such a Wallet address will become inaccessible if you do not have your original mnemonic (backup) phrase.

c) IQWallet stores in an encrypted form a Service pin code (a «PIN») for unlocking access to your version of the application. A PIN is required to access some of the application's functions if set by the user. After 5 incorrect attempts to enter the PIN, the application freezes the main functions for 72 hours. If the user has forgotten the PIN, he can reset it, while the application will be in a frozen state for 72 hours. The service PIN does NOT ALLOW recovering the mnemonic phrase and private keys.

c) Virtual Currency Transactions. In order to be completed, all proposed Virtual Currency transactions must be confirmed and recorded in the Virtual Currency’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 IQWallet, you acknowledge and agree that the transaction details you submit may not be completed, or may be substantially delayed, by the Blockchain Networks. IQWallet does not store or transmit virtual currency.

We do not store, send, or receive Virtual Currency. Any transfer that occurs in any Virtual Currency occurs on the Blockchain based and not on a network owned by us. We therefore do not guarantee that IQWallet can affect the transfer of title or right in any Virtual Currency. 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 Virtual Currency transaction initiated via the Services. We strongly encourage you to review your transaction details carefully before attempting to transfer a Virtual Currency.


WALLET REGISTRATION AND ACCOUNT INFORMATION

a) You must create a Wallet in order to use IQWallet. When creating a wallet, you need to save and confirm mnemonic (backup) phrase, which consists of 12 words. Mnemonic (backup) phrase allows you to access your wallets and private keys.

b) When you create a Wallet, you will be assigned a private keys by the respective types of virtual currency. You will have the opportunity to download and save private keys. You will be responsible for maintaining the confidentiality of your private key and keystore, and will be fully responsible for any and all activities that occur under your account.

c) When you create a Wallet, For added security, You will have the opportunity to set a 4-digit PIN and biometric security that your device supports.

d) We will not be liable for any loss or damage arising from your failure to comply with this paragraph. 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:

e) Payment and Fees. IQWallet does not currently charge fees for receiving and sending virtual currency. It applies only network commission for sending the transaction in the Blockchain. IQWallet does not charge a swap fee, but generates its interest through a spread - the difference in the purchase price, sale price of virtual currency.

f) Transactions. Once transaction details have been submitted via the Services, we cannot assist you to cancel or otherwise modify your transaction. IQWallet has no control over any Blockchain and does not have the ability to facilitate any cancellation or modification requests. 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 due to insufficient funds or gas associated with your IQWallet account.

g) 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 blockchain transactions or for collecting, reporting, withholding, or remitting any taxes arising from any Virtual currency-related transactions.


INTELLECTUAL PROPERTY

IQWallet contains 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 the Services does not grant you any right, title, or interest in the Content. You agree that you will not copy, transmit, distribute, sell, license, create derivative works from, or, in any other way, exploit any of the Content, in whole or in part.


YOUR USE OF IQWALLET

As a user of the Services, we grant you a limited, personal, non-commercial, non-exclusive, non-transferable, and revocable license to use IQWallet. When using our Services, we ask that you follow some basic rules: Don’t Use Our Services to 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, illegal gambling, fraud, money laundering, or terrorist activities.

If we discover that you have violated this Agreement or other regulatory requirements including, but not limited to, the Bank Secrecy Act, by participating in money laundering or by financing terrorist activities, we will take proportional disciplinary action. You further agree not to encourage or induce any third party to engage in any of the activities prohibited under this Section. Don’t Interfere With Other’s Use of the Services. 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, disrupt, negatively affect, or inhibit other users from fully enjoying it.

Don’t Try to Harm Our System. You agree not to distribute any virus or other harmful computer code through IQWallet. You also agree to not take any action that may impose an unreasonable or disproportionately large load on our or any of our third party providers’ infrastructure. Don’t Attempt to 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 the Services including, without limitation, other accounts, computer systems, or networks connected to the Services. Any use of IQWallet other than as specifically authorized in this Agreement, without our prior written permission, is strictly prohibited and will terminate your license to use IQWallet.


LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTIES

You understand and agree that we have no control over, and no duty to take any action regarding: Failures, disruptions, errors, or delays in processing Virtual Currency 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 IQWallet; 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 mnemonic (backup) phrase; and The risk of unknown vulnerabilities in or unanticipated changes to the Blockchain Networks.

You release us from all liability related to any losses, damages, or claims arising from:

Any other terms, conditions, warranties, or representations associated with such content, are solely between you and such organizations and/or individuals.


LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR ANY OF OUR OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS, SERVANTS, COUNSEL, EMPLOYEES, CONSULTANTS, LAWYERS, AND OTHER PERSONNEL AUTHORIZED TO ACT, ACTING, OR PURPORTING TO ACT ON OUR BEHALF BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR:

(A) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM:

(I) YOUR USE OF, OR CONDUCT IN CONNECTION WITH, OUR SERVICES;

(II) ANY UNAUTHORIZED USE OF YOUR WALLET ADDRESS AND/OR PRIVATE KEY DUE TO YOUR FAILURE TO MAINTAIN THE CONFIDENTIALITY OF YOUR WALLET;

(III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; OR

(IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT ARE FOUND IN THE IQWALLET SOFTWARE OR THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION), OR

(B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF:

FEES PAID TO US FOR THE APPLICABLE PRODUCTS. THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN THIS CASE YOU SHOULD NOT USE OUR SERVICE TO THE FULLEST.


WARRANTY DISCLAIMER

IQWALLET IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES AND UNDERLYING SOFTWARE OR ANY CONTENT ON THE SERVICES, WHETHER PROVIDED OR OWNED BY US OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THE SERVICES IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.


INDEMNITY

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Parties from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to, attorney’s fees) arising from: (a) your use of and access to the Services; (b) any feedback or submissions you provide to us concerning IQWallet; (c) your violation of any term of this Agreement; or (d) your violation of any law, rule, or regulation, or the rights of any third party.


TIME LIMITATION ON CLAIMS

You agree that any claim you may have arising out of or related to your relationship with us must be filed within one year after such claim arises, otherwise, your claim in permanently barred.


DATA COLLECTION

We do not collect or process your personal data, except as provided for in our Privacy Policy.


TERMINATION

In the event of termination concerning your license to use IQWallet, your obligations under this Agreement will still continue. Your access to the funds in your Wallet after termination will depend on your access to your backup of your Mnemonic (backup) phrase and Private keys.


DISCONTINUANCE OF SERVICES

We may, in our sole discretion and without cost to you, with or without prior notice, and at any time, modify or discontinue, temporarily or permanently, any portion of our Services. You are solely responsible for storing outside of the Services a backup of any Wallet address and private key pair that you maintain in your Wallet. Maintaining an external backup of any Wallet address and private key pairs associated with your Wallet will allow you to access the Blockchain Networks upon which your Wallet is secured. Such a backup will allow the user to fully restore their Wallet at any time without cost or loss of the user’s Virtual Currency. If you do not maintain a backup of your Wallet data outside of the Services, you will be not be able to access the Virtual Currency associated with your Wallet. IQWallet shall not be held responsible or liable for any loss of Virtual Currency in the event that we discontinue or depreciate the Services.


NO WAIVER

Our failure to exercise or delay in exercising any right, power, or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof.


FORCE MAJEURE

We shall not be held liable for any delays, failure in performance, or interruptions of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to: any delay or failure due to any act of God, act of civil or military authorities, act of terrorism, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe, or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.


ASSIGNMENT

You agree that we may assign any of our rights and/or transfer, sub-contract, or delegate any of our obligations under these Terms. Your agreement to these Terms is personal to you and you may not transfer or assign it to any third party.


ENTIRE AGREEMENT

This Agreement sets forth the entire understanding and agreement as to the subject matter hereof and supersedes any and all prior discussions, agreements, and understandings of any kind (including, without limitation, any prior versions of this Agreement) and every nature between us. Except as provided for above, any modification to this Agreement must be in writing and must be signed by both parties.

The only support channel for IQ Wallet is support@iqwallet.io
Attention! Our support never, under any circumstances, asks for PASSPHRASE (SID-phrase), Private keys, PIN-code, or any other personal information.