PLEASE READ THE FOLLOWING CAREFULLY BEFORE INSTALLING AND/OR USING THE APP AND EXTENSION OR USING THE WEBSITE.
By clicking the “accept” or “ok” button, or installing and/or using the Braavos website (the “Website”) and/or web browser extension (“Extension”) and/or wallet mobile software application (the “App” and together with the extension, the “Wallet”) you expressly acknowledge and agree that you are entering into a legal agreement with FreeBraavos Ltd., a blockchain development company focused on utilizing decentralized technologies to develop products that enable users to manage tokens efficiently and seamlessly (“Braavos”, “we”, “us” or “our”), and have understood and agree to comply with, and be legally bound by, the terms and conditions of this App, Extension and Website End User License Agreement (“Agreement”). The Website, Extension and App shall collectively be referred to as the “Platform”.
The Platform enables users to (i) store locally on their own devices, tokens, cryptocurrencies and other crypto or blockchain-based digital assets (collectively, “Digital Assets”); (ii) link to decentralized applications, including, without limitation, decentralized exchanges (collectively, “Dapp(s)”); (iii) view addresses and information that are part of digital asset networks and broadcast transactions; and (iv) additional functionality as may be added to the App from time to time.
You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by this Agreement please do not download, install or use the Platform.
Ability to Accept. By downloading, installing and/or accessing the App and Extension or by accessing and/or using the Platform, you affirm that you are over thirteen (13) years of age. If you are between the age of thirteen (13) and eighteen (18) years then, prior to downloading, installing and/or accessing the Platform (as applicable), you must first review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand its terms and conditions and agree to them.
License. Subject to the terms and conditions of this Agreement, we hereby grant you a personal, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable license during the term of this Agreement (“License”) to: (i) download, install, access and use the App on a mobile telephone, tablet or other mobile device that you own or control, in accordance with this Agreement and any applicable Usage Rules (defined below); (ii) download, install, access and use the Extension in accordance with this Agreement and (iii) access and use the Website in accordance with this Agreement.
License Restrictions. You agree not to, and shall not permit any third party to: (i) sublicense, redistribute, sell, lease, lend or rent the Platform; (ii) make the Platform available over a network where it could be used by multiple devices owned or operated by different people at the same time; (iii) disassemble, reverse engineer, decompile, decrypt, or attempt to derive the source code of, the Platform; (iv) copy (except for back-up purposes), modify, improve, or create derivative works of the Platform or any part thereof; (v) circumvent, disable or otherwise interfere with security-related features of the Platform or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Platform; (vi) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Platform (vii) use any communications systems provided by the Platform to send unauthorized and/or unsolicited commercial communications; (viii) use the Braavos name, logo or trademarks without our prior written consent; and/or (ix) use the Platform to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement. By using the Platform, you further represent, warrant and covenant that: (i) any Digital Assets you transfer via the Platform have been legally obtained by, and belong to, you; (ii) You will not use the Platform to transmit or exchange Digital Assets that are the direct or indirect proceeds of any criminal or fraudulent activity, including, without limitation, terrorism or tax evasion; (iii) any Digital Assets you use in connection with the Platform are either owned by you or you are validly authorized to carry out actions using such assets; and (iv) You will pay all fees necessary for interacting with the StarkNet blockchain, or any other network with which the Platforms are compatible, including “gas” costs, as well as all fees charged by us for your use of the Platforms.
Account. In order to use some of the Platform features you may have to create or use an account (an “Account”). If you create an Account, you must provide accurate and complete information for yourself. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify us immediately of any unauthorized use of your Account. You acknowledge and understand that, in certain circumstances, such as if you lose or forget your password for your Wallet, you will need to use a recovery phrase to access any cryptocurrency stored in your wallet (the “Recovery Phrase”). You are solely responsible for the retention and security of your Recovery Phrase. Your Recovery Phrase is the only way to restore access to the cryptocurrency stored in your Wallet if you lose access to your Wallet. Anyone who knows your Recovery Phrase can access, transfer or spend your cryptocurrency. If you lose your Recovery Phrase, you may not be able to access, transfer or spend your cryptocurrency. You acknowledge and agree that Braavos does not store and is not responsible in any way for the security of your Recovery Phrase and you agree to hold Braavos, its affiliates, representatives, agents and personnel harmless and that no such party shall be liable in any way in the event you lose your Recovery Phrase and cannot access, transfer or spend your cryptocurrency. You bear sole responsibility for any loss of your cryptocurrency due to failure to retain and/or secure your Recovery Phrase.
Usage Rules. If you are downloading the App or Extension from a third party mobile device platform, browser or service provider (“Distributor”), please be aware that the Distributor may have established usage rules which also govern your use of the App or Extension (“Usage Rules”). We specifically refer to the Usage Rules of certain Distributors below in the section below entitled ‘Distributor Requirements and Usage Rules’, but other Usage Rules may be applicable depending on where the App or Extension has been downloaded from. You acknowledge that, prior to downloading the App or Extension from a Distributor, you have had the opportunity to review and understand, and will comply with its Usage Rules. The Usage Rules that are applicable to your use of the App or Extension are incorporated into this Agreement by this reference. You represent that you are not prohibited by any applicable Usage Rules and/or applicable law from using the App or Extension; if you are unable to make such a representation you are prohibited from installing and/or using the App or Extension.
Intellectual Property Rights.
Ownership. The Platform is licensed and not sold to you under this Agreement and you acknowledge that Braavos and its licensors retain all title, ownership rights and Intellectual Property Rights (defined below) in and to the Platform (and its related software). We reserve all rights not expressly granted herein to the Platform. “Intellectual Property Rights” means any and all rights in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, whether foreign or domestic.
Content. The content on the Platform, including without limitation, the text, information, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (the “Materials”), and the User Submissions (defined below), and the trademarks, service marks and logos contained therein (“Marks”, and together with the Materials and User Submissions, the “Content”), is the property of Braavos and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “Braavos” and the Braavos logo are Marks of Braavos and its affiliates. All other Marks used on the Platform are the trademarks, service marks, or logos of their respective owners.
Use of Content. The content on the Platform is provided to you “as is” and “as available” for your personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the content you must retain all copyright and other proprietary notices contained therein.
User Submissions. The Platform may permit the hosting, sharing, posting, and publishing of content by you and other users (“User Submissions”). Your User Submissions may be posted to the Platform or otherwise be made publicly available. You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions and the consequences of posting or publishing them. We have complete discretion whether to publish your User Submissions and we reserve the right without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all User Submissions at any time and for any reason. You represent and warrant that you own or have the necessary rights and permissions to use and authorize us to use all Intellectual Property Rights in and to your User Submissions, and to enable inclusion and use thereof as contemplated by this Agreement. You retain all of your ownership rights in your User Submissions.
Exposure. You understand and acknowledge that when accessing and using the Platform: (i) you will be exposed to User Submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, such User Submissions; and (ii) you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect to (i) and (ii) herein.
Disclosure. We reserve the right to access, read, preserve, and disclose any User Submission or any other information that we obtain in connection with the Platform as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce this Agreement, including investigation of potential violations of it, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to your user support requests, or (v) protect the rights, property or safety of Braavos, our users or the public.
Prohibited Content. You agree that you will not send, display, post, submit, publish or transmit a User Submission that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise dishonest, inaccurate, inappropriate, malicious or fraudulent; (vii) involves theft or terrorism; (viii) constitutes an unauthorized commercial communication; (ix) contains the contact information or any personally identifiable information of any third party unless you have first obtained the express consent of said third party to include their contact information or personally identifiable information; and/or (x) breaches this Agreement.
The License granted hereunder is currently for free, however, we may in the future charge a fee for certain features and/or uses, including fees charged on token swaps that you execute on third-party exchanges. You will not be charged for any such uses of the Platform unless you are first notified of such charges, but please be aware that any failure to pay applicable charges may result in you not having access to some or all of the Platform.
You may incur charges from third parties for use of third party services. For example, you may be charged fees via the Dapps (including, without limitation, decentralized exchanges) that you may access via the App or Extension. Third party fees are not charged by Braavos and are not paid to Braavos. Under no circumstances shall Braavos incur any liability, of any kind, to you arising from or relating to fees charged to you by third party services linked to or accessed through our Platform.
Although we will attempt to provide accurate fee information, any such information reflects our estimate of fees, which may vary from the fees actually paid to use the Platform and interact with the StarkNet blockchain or any other network with which the Platform are compatible.
Please be aware that your use of the Service may require and utilize internet connection or data access. To the extent that third party service provider or carrier charges for your internet or data usage are applicable, you agree to be solely responsible for those charges.
Information Description and Acknowledgment of Certain Risks.
We attempt to be as accurate as possible. However, we cannot and do not warrant that the content available on the Platform is, without limitation, accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the content, or any part thereof without the requirement of giving you any notice prior to or after making such changes to the content.
By accessing and using the Platform, you represent that you understand the inherent risks associated with using cryptographic and blockchain-based systems, and that you have a working knowledge of the usage and intricacies of Digital Assets. You further understand that the markets for these Digital Assets are highly volatile due to factors including (but not limited to) adoption, speculation, technology, security, and regulation. You acknowledge and accept that the cost and speed of transacting with cryptographic and blockchain-based systems such as StarkNet are variable and may increase dramatically at any time. You further acknowledge and accept the risk that your Digital Assets, or any Digital Assets you acquire may lose some or all of their value and you may suffer loss due to the fluctuation of prices of tokens and/or significant price slippage and cost. You understand that anyone can create a token, including fake versions of existing tokens and tokens that falsely claim to represent projects, and acknowledge and accept the risk that you may mistakenly trade those or other tokens. You further acknowledge that we are not responsible for any of these variables or risks and that we cannot be held liable for any resulting losses that you experience while accessing or using the Platform.
The Platform and your Digital Assets could be impacted by one or more regulatory inquiries or regulatory actions, which could impede or limit the ability of Braavos to continue to make its proprietary software, and thus, could impede or limit your ability to continue to use the Platform.
You understand and acknowledge that cryptography is a progressing field with advances in code cracking and other technical advancements, such as the development of quantum computers, which may present risks to Digital Assets and the services, and could result in the theft or loss of your Digital Assets. To the extent possible, we intend to update Platform to account for any advances in cryptography and to incorporate additional security measures necessary to address risks presented from technological advancements, but that intention does not reflect a binding commitment and does not in any way guarantee or otherwise ensure full security of the Service.
You understand that the StarkNet blockchain (and all other networks with which the Platform may be compatible) remains under development, which creates technological and security risks when using the Platforms in addition to uncertainty relating to Digital Assets and transactions therein. You acknowledge that the cost of transacting on the StarkNet blockchain is variable and may increase at any time, thereby impacting any activities taking place on the StarkNet blockchain, which may result in price fluctuations or increased prices for using the Platforms.
Any reference to a type of Digital Asset on the Site or otherwise during the use of the Platform does not indicate our approval or disapproval of the technology on which the Digital Asset relies, and should not be used as a substitute for your understanding of the risks specific to each type of Digital Asset.
Use of the Platform, in particular for trading Digital Assets, may carry financial risk. Digital Assets are, by their nature, highly experimental, risky, and volatile. Transactions entered into in connection with the Platform are irreversible, final and there are no refunds. You acknowledge and agree that you will access and use the Site and the Platform at your own risk. The risk of loss in trading Digital Assets can be substantial. You should, therefore, carefully consider whether such trading is suitable for you in light of your circumstances and financial resources. By using the Platform, you represent and warrant that you have been, are, and will be solely responsible for making your independent appraisal and investigations into the risks of a given transaction and the underlying Digital Assets. You represent that you have sufficient knowledge, market sophistication, professional advice, and experience to make your evaluation of the merits and risks of any transaction conducted in connection with the Platform or any Digital Asset. You accept all consequences of using the Platform, including the risk that you may lose access to your Digital Assets indefinitely. All transaction decisions are made solely by you. Notwithstanding anything in these Agreement, we accept no responsibility whatsoever for, and will in no circumstances be liable to you in connection with, your use of the Platform for performing Digital Asset transactions.
Braavos is a developer of software. Braavos does not operate a Digital Asset exchange platform or offer trade execution or clearing services and, therefore, has no oversight, involvement, or control concerning your transactions using the Platform. All transactions between users of Braavos-developed software are executed peer-to-peer directly between the users’ StarkNet (or other network) addresses through smart contracts. You are responsible for complying with all laws that may be applicable to or govern your use of the Platform.
Decentralized Platform: The Wallet is non-custodial, which means that users of the Wallet remain in control of Digital Assets held and transactions conducted through the Wallet at all times and Braavos never has custody of, or any control over, those digital assets or transactions. Each user of a Wallet will at all times be responsible for securing the private key necessary to sign transactions from the blockchain address associated with deposited Digital Assets, and Braavos will not have access to, or take possession of, such private key or otherwise have ability to control Digital Assets transferred, deposited, or otherwise handled using the Wallet.
You understand that Braavos is not registered or licensed by the CFTC, SEC, or any financial regulatory authority. No financial regulatory authority has reviewed or approved the use of the Braavos-developed software. Platform does not constitute advice or a recommendation concerning any commodity, security, or other Digital Asset or instrument. Braavos is not acting as an investment adviser or commodity trading adviser to any person or entity.
You expressly agree that you assume all risks in connection with your access and use of the Platform and your interaction therewith. You further expressly waive and release Braavos from any and all liability, claims, causes of action, or damages arising from or in any way relating to your use of the Platform and your interaction therewith. If you are a California resident, you waive the benefits and protections of California Civil Code § 1542, which provides: “[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE PLATFORM WILL OPERATE ERROR-FREE, THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL CODE or that WE will correct any errors in the PLATFORM. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
IF YOU HAVE A DISPUTE WITH ANY OTHER PLATFORM USER, YOU AGREE THAT WE ARE NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.
Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL BRAAVOS BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE PLATFORM EVEN IF BRAAVOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY EVENT, BRAAVOS’S TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE PLATFORM, SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE TOTAL AMOUNTS, IF ANY, ACTUALLY PAID BY YOU TO BRAAVOS FOR USING THE APP WITHIN THE THREE (3) MONTHS PRECEDING THE DATE OF BRINGING A CLAIM.
Indemnity. You agree to defend, indemnify and hold harmless Braavos and our affiliates, and our respective officers, directors, employees, contractors and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from, directly or indirectly: (i) your use of, or inability to use, the Platform; (ii) your violation of this Agreement or any other written instruction by us; and (iii) your violation of any third party right, including without limitation any copyright, property or privacy right. Without derogating from or excusing your obligations under this section, we reserve the right (at your own expense), but are not under any obligation, to assume the exclusive defense and control of any matter which is subject to an indemnification by you if you choose not to defend or settle it. You agree not to settle any matter subject to an indemnification by you without first obtaining our express approval.
Export Laws. You agree to comply fully with all applicable export laws and regulations to ensure that neither the Platform nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
Updates and Upgrades. We may from time to time provide updates or upgrades to the Platform (each a “Revision”), but are not under any obligation to do so. Such Revisions will be supplied according to our then-current policies, which may include automatic updating or upgrading without any additional notice to you. You hereby consent to any such automatic updating or upgrading of the Platform. All references herein to the Platform shall include Revisions. This Agreement shall govern any Revisions that replace or supplement the original Platform, unless the Revision is accompanied by a separate license agreement which will govern the Revision and/or if otherwise instructed in writing by Braavos.
Term and Termination.
This Agreement is effective until terminated by us or you. We reserve the right, at any time, to: (i) discontinue or modify any aspect of the Platform; and/or (ii) suspend or terminate this Agreement and your use of the Platform with or without cause, and shall not be liable to you or any third party for any of the foregoing. If you object to any term or condition of this Agreement or any subsequent modifications thereto, or become dissatisfied with the Platform in any way, your only recourse and remedy (and our sole liability and/or obligation) is to immediately discontinue use of the Service.
Upon termination of this Agreement, you shall cease all use of the Platform. This Section 17 and Sections 8 (Intellectual Property Rights), 11 (Privacy), 12 (Warranty Disclaimers), 13 (Limitation of Liability), 14 (Indemnity), and 18 (Assignment) to 22 (Third Party Open Source Software) shall survive termination of this Agreement.
Assignment. This Agreement, and any rights, obligation and/or licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Braavos without restriction or notification.
Modification. We reserve the right to modify this Agreement at any time by sending you a notification and/or publishing the revised Agreement on the Platform, or otherwise notifying you in writing. Such change will be effective ten (10) days following the foregoing notification thereof, and your continued use of the Platform thereafter means that you accept those changes.
Governing Law and Disputes. This Agreement shall be governed by and construed in accordance with the laws of the State of Israel without regard to its conflict of laws rules. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv, Israel, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Notwithstanding the foregoing, we may seek equitable relief in any court of competent jurisdiction.
General. This Agreement, and any other legal notices published by us in connection with the Platform, shall constitute the entire agreement between you and Braavos concerning the Platform. In the event of a conflict between this Agreement and any such legal notices, the terms of the applicable notice shall prevail with respect to the subject matter of such notice. In the event of a conflict between this Agreement and any other agreement between Braavos and you (including any separate terms and conditions), the terms of this Agreement shall prevail. No amendment to this Agreement will be binding unless in writing and signed by Braavos. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS IMMEDIATELY AND PERMANENTLY BARRED.
Third Party Open Source Software and Third Party Services.
Portions of the Platform may include third party open source software that are subject to third party terms and conditions (“Third Party Terms”). A list of any third party open source software and related Third Party Terms is available upon request. If there is a conflict between any Third Party Terms and the terms of this Agreement, then the Third Party Terms shall prevail but solely in connection with the related third party open source software. Notwithstanding anything in this Agreement to the contrary, Braavos makes no warranty or indemnity hereunder with respect to any third party open source software.
The Platform may contain links to Third-Party Services (including, without limitation, Dapps), and may leverage or plug into such Third Party Services to enable certain features. When using a Dapp or other Third Party Services, you understand that you are at no time transferring your assets to us. We provide access to Third Party Services only as a convenience, do not have control over their content, do not warrant or endorse, and are not responsible for the availability or legitimacy of, the content, products or services on or accessible from those Third Party Services (including any related website, resources or links displayed therein). We make no warranties or representations, express or implied, about such linked Third Party Services, the third parties they are owned and operated by, the information contained on them or the suitability of their products or services. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party website, applications, or resources.
You may be able to link your Wallet to your accounts on third-party platforms, sites and services, to enable access to such accounts from your Wallet. In doing so, you understand and agree that all transactions made when accessing such accounts from your Wallet are subject to these Agreement and to the Third Party Terms, privacy policies, and other terms, conditions and policies imposed by the providers of such third-party sites, services and platforms.
Distributor Requirements and Usage Rules.
Apple. If you download the App from the Apple, Inc. (“Apple”) App Store (or in any event if you download an Apple iOS App) then, without derogating from the warranty disclaimers and limitation of liability as set forth in the Agreement:
You acknowledge and agree that:
this Agreement is concluded between Braavos and you only, and not with Apple, and Braavos and its licensors, and not Apple, are solely responsible for the App and the content thereof.
your use of the App is also subject to the Usage Rules established by Apple, including those set forth in the Apple App Store Terms of Service, effective as of the date that you enter into this Agreement.
the License granted herein is limited to a non-transferable right to use the App on an Apple iPhone, iPod Touch, iPad, or other Apple-branded product that you own or control and that runs the iOS;
Braavos is solely responsible for providing any maintenance and support services with respect to the App, as specified in this Agreement, or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
Braavos is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will, to the extent applicable, refund any purchase price paid (if any) by you for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Braavos’s sole responsibility (unless otherwise disclaimed by Braavos);
Braavos, and not Apple, is responsible for addressing any product claims you, or any third party, may have relating to the App or your possession and/or use of the App (unless otherwise disclaimed by Braavos), including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation, including in connection with the App’s use of HealthKit and HomeKit frameworks;
in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Apple shall not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim;
Apple, and its subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
If you have any questions, complaints, or claims regarding the App, please contact Braavos at:
By entering into this Agreement you, to the extent legally permitted, hereby waive any applicable law requiring that this Agreement be localized to meet your language and other local requirements. To the extent that the foregoing is not permitted, you agree to be bound by the standard Apple Licensed Application End User License Agreement which is part of the Apple App Store Terms of Service, at www.apple.com/legal/itunes/us/terms.html#SERVICE (as amended from time to time).
Last updated: October 26, 2022