Coinbitco

Imperator Limited UAB (Coinbitco) Wallet Terms of Service

Imperator Limited UAB (CoinBitCo) (“Imperator Limited UAB (CoinBitCo)” or “we” or “us” or “our”) makes available to users certain software services accessible via a mobile device application, including the Coinbit Wallet (commonly known as Imperator Limited UAB (CoinBitCo) Wallet) (the “Wallet Application” or “App”). Imperator Limited UAB (CoinBitCo) is a wholly owned subsidiary of Imperator Limited UAB (CoinBitCo) Global, Inc. The Wallet Application enables users to (i) self custody digital assets; (ii) access a digital asset browser and link to decentralized applications and decentralized exchanges (“Dapp(s)”); (iii) view addresses and information that are part of digital asset networks and broadcast transactions; and (iv) additional functionality as Imperator Limited UAB (CoinBitCo) may add to the App from time to time (collectively the “Services”). Imperator Limited UAB (CoinBitCo) developed these Terms of Service (these “Terms”) to describe the terms that govern your use of all versions of the Wallet Application. These terms and additional information about the Wallet Application can be found on the Imperator Limited UAB (CoinBitCo) website located at https://wallet.Imperator Limited UAB (CoinBitCo) .com (the “Site”).

General Terms

These Terms constitute the entire and exclusive understanding and agreement between Imperator Limited UAB (CoinBitCo) and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Imperator Limited UAB (CoinBitCo) and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Special Arbitration Provision” section above or by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given by posting to the Services and/or through other electronic communication. You agree and consent to receive electronically all communications, agreements, documents, notices, and disclosures (collectively, “Communications”) that we provide in connection with your Account and your use of the Services.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Imperator Limited UAB (CoinBitCo). Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

These Terms are written in English (U.S.). Any translated version is provided solely for your convenience. To the extent any translated version of our Terms conflicts with the English version, the English version controls.

Contact Information

If you have any questions about these Terms or the Services, please contact us at [email protected].

Agreement to Terms

By clicking “I Agree” or by accessing the Wallet Application or using any or all of the Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, you may not access or use the Services.

Registration and Personal Use of your Account

  • The Site is for your own personal and non-commercial use only.
  • You may only open one Account, and you acknowledge that multiple or linked accounts are not allowed.
  • You further agree that you will not use any Account other than for your own use or access the Account of any other registered user (a “Member”) at any time or assist others in obtaining unauthorized access.
  • By registering with us, you agree to provide us with current, accurate, authentic, and complete information about you, which may include without limitations, your name, password, e-mail address, postal address, telephone number, ID number, birthdate, taxpayer identification number, personal bank account details, as prompted by the registration and/or verification process, or as prompted at any time following registration, and you are required to keep any such submitted information updated at all times
  • We may request additional information as necessary, including in the event of any suspicious activity related to your Account Verification Process.
  • We may verify your details, at any time, by requesting certain documents from you. These documents may typically include a government issued identity card, proof of address, such as a utility bill, and proof of your payment method.
  • We may request that copies of such documents are notarized at your own expense, with a stamp and attestation or certification by a public notary. Should the documents fail our internal security checks for any reason, such as upon suspicion of tampering, or due to suspicious or proven misrepresentation, we shall be under no obligation to accept such documents as valid, and under no obligation to provide feedback on the exact nature of our findings with regards to these documents. In addition, we may request that you participate in a phone or video call to verify your identity.
  • We may also perform further background checks on you and request any relevant documentation from you for any reason related to your use of the Services and/or as supporting evidence for any information you provide.
  • You acknowledge that to conduct such verification process and/or background checks, we may perform inquiries, directly or indirectly through third party service providers in the attempt to prevent misidentification, fraud, suspicious activity, money laundering or any other forbidden activity, and may take actions with respect to the outcome of such inquiries, as we deem necessary. You hereby provide us with your authorization for such inquiries, including with respect to a query of your account information.
  • The aforementioned notwithstanding, the Company may, at any time, and in its sole discretion, deny you the option to open an Account, limit the Account that you may establish and maintain, or suspend any transaction pending our review of any information submitted by you.
  • Confidentiality of your Account. You acknowledge that you are responsible for maintaining the strict confidentiality of your Account information, including your password, safeguarding your own Digital Currency, and for all activity and transactions that are posted to your Account. You understand that any compromise of your login information may expose your Account to unauthorized access by third parties which may result in loss or theft of Digital Currency or funds from your Account, including linked accounts, such as your linked bank accounts and credit cards.
  • Security Alerts. To receive security alerts from the Company, you must update the Company with respect to changes in your email address and telephone number. In no event will the Company be held responsible for any damages or losses which you may sustain as a result of compromise of your Account login credentials due to no fault of the Company and/or failure to follow or act upon any notices or alerts that we may send to you. Notwithstanding the above, the Company does not guarantee to provide you with said alerts or to take any other action in this regard and shall not be held liable for not doing so.
  • Misuse - The creation or use of an Account without obtaining our prior express permission will result in the immediate suspension of any such Account, as well as all pending Purchase/Sale offers. Any attempt to do so or to assist others (former registered users or otherwise), or the distribution of instructions, software, or tools for that purpose, will result in the Accounts of such users being terminated, without derogating from any other remedy to which the Company may be entitled for such a violation and the Company may take further actions against you.
  • You are required to notify us immediately of any unauthorized use of your Account or password, suspected compromise of your login information, or any other breach of security, by email addressed to [email protected]..
  • We may terminate the account of any Member who does not comply with our verification or security requests, or otherwise violates the foregoing rules, and such Member may be held liable for losses incurred by the Company or by any third party due to the Member’s non-compliance and/or violation of rules.
  • Responsibility for Third Party Acts. Your Account is for your personal use only, and not for the use or access by any third party. In any event, you are fully responsible for all acts or omissions of any third party accessing and/or using your Account.
  • You agree that you will not use the Services to perform criminal activity of any sort, including but not limited to, money laundering, financing of terrorism, or malicious hacking, as well as gambling operations. In addition, you warrant not to use methods to conceal the location from which you access the Site and that you will disclose to the Company your accurate and true location. Should the Company determine in its sole discretion that the activity on your Account is suspicious or related to any prohibited activity or illegitimate operation, the Company may cancel or suspend your Account, block any outstanding transactions, deny any new transactions, and/or freeze any funds available on your Account.
  • You agree to receive promotional and/or informational emails from us to the email address you provided in your Account. Such emails will be cancelled upon your request using the "unsubscribe" option presented in any such email, when applicable.
  • By registering with us and/or using the Site, you confirm that you did not Mine any Digital Currency, you offer us for Sale, and that you did not buy any Digital Currency, you offer us for Sale from a Miner. For the purposes of this Agreement, “Mine” or “Mining” means the process of using cryptographic hash functions to authorize crypto-transactions, and a “Miner” is a person who performs such Mining.

Compliance

  • Your use of the Site and Services must be in compliance with all laws and regulations applicable to you based on your applicable jurisdiction. It is your exclusive responsibility to ensure that your use of the Site and Services is compliant with the applicable laws and regulations.
  • Where the Company believes that your use of the Site and Services may not be fully compliant with applicable laws and regulations, including, but not limited to, where there is any reason to suspect that your use of the Services involves any prohibited activities or you otherwise fail to complete the KYC, AML and CTF procedures we may refuse to provide you access to the Site or the Services, process your transactions or accept you as a customer, in addition to any other action which we may deem reasonable.
  • Applicable Sanctions. You warrant that you will comply with all applicable international economic and export sanctions and any requirement therein. Without limiting the generality of the aforementioned, you will not use the Services available on the Site if any of the following applies to you:
  • You are a national or resident of Iran, North Korea, Cuba, Syria, or the Crimea region (of the Ukraine / Russia), or any other country included in the US embargo, United Nations sanctions, HM Treasury's financial sanctions regime (the “Restricted Territories”) or you intend to distribute or provide the acquired Digital Currency or the Services to the Restricted Territories.
  • Your name appears on the US Treasury Department's Specially Designated Nationals List or the US Commerce Department's Denied Persons List, Unverified List, Entity List HM Treasury's financial sanctions regime (the “Restricted Persons”) or you intend to distribute or provide the Services to any person of the Restricted Persons; and
  • You are on a prescribed sanctions list.
  • You fully understand and accept that we may not make the Services available in all markets and regions and may restrict or prohibit the use of the Services from, and by residents or nationals of, certain jurisdictions ("Restricted Locations" – listed here, as amended from time to time). You, therefore, further represent and warrant that you are not located in, under the control of, or a national or resident of any Restricted Locations. If you attempt to access the Services from any Restricted Location, the Services or a part thereof may be provided to you by a third-party partner(s) of the Company, in which case, you will be subject in full to such third party’s terms of service.
  • Notwithstanding the above, in some markets and regions, we may choose not to provide our Services but rather offer you the opportunity to engage in Third Party Transactions. These markets and regions are defined as “TPT Locations” in these terms of use and are listed here, under “Locations Served by Third Parties”, as amended from time to time.
  • Applicable Taxes. You are exclusively responsible to inquire with respect to the taxes applicable to your transactions on the Site. The Company is not and will in no event be deemed as providing any tax advice or consultation. It is your responsibility to report and remit the taxes payable to the appropriate tax authorities.

Our Services

  • Provision of the Services
  • Purchase of Digital Currency. The Services allow Members to buy from the Company Bitcoin and/or Ethereum and/or any other digital currency (the “Digital Currency”) that may be available for purchase on the Site from time to time (a “Purchase”).
  • Sale of Digital Currency. At the Company’s sole discretion, the Company may also elect to allow Members to sell Bitcoin and/or any other digital currency to the Company (a “Sale”).
  • Transactions in Exchange for Fiat Money. Upon successfully opening and establishing your Account following the verification process, you may begin to engage in Purchase and/or Sale transactions of Digital Currency, as applicable, on a per-transaction basis in exchange for USD, EUR, or other fiat currencies as determined by the Company from time to time (collectively and individually, the “Fiat Money”).
  • No Guarantee of Payment Methods. You may send and/or receive Fiat Money to and from the Company through bank account wire transfers, credit card payment, or a third-party processor. However, the Company cannot guarantee that all such payment methods will always be available to you. The availability of each payment method depends on several factors, including but not limited to your location, the identification information you have provided the Company, and certain limitations imposed by third party payment processors, if any.
  • Non-Provision of Wallet Service. A program application that stores private and public keys and interacts with applicable Digital Currency blockchain network(s) to enable users to send and receive Digital Currency and monitor their balance is a “Digital Currency Wallet”. The administration of a Digital Currency Wallet—whether by physical device or paper, local software, online host or otherwise—and its provision as an interface for users to control access to their Digital Currency, manage their Digital Currency keys and Wallet Addresses, track their Digital Currency balance, or execute transactions with their Digital Currency is a “Wallet Service”. You understand and accept that: blockchains and enables Licensee to monitor its balances of assets (such service, the “Fireblocks Vault”); and any Optional Software Services that Licensee may elect to license in connection with its use of the Fireblocks Vault. Licensee’s use of any of the Service is governed by the terms and conditions of this Agreement and, if additional terms are specified in an Order, the terms, and conditions of the Order.

Privacy Policy

Please refer to our Imperator Limited UAB (CoinBitCo) Wallet’s Privacy Policy for information on how we collect, use, and disclose information from our users. You acknowledge and agree that your use of the Services is subject to, and that we can collect, use and/or disclose your information (including any personal data you provide to us) in accordance with our Privacy Policy.

Changes to Terms or Services

We may modify the Terms at any time at our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site, by providing you a notice through the App, or through other methods of communication which we deem reasonable. The modified Terms will be effective at the time they are posted on the Site. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have modified the Terms, you are agreeing to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE FOR USERS IN CERTAIN JURISDICTIONS. IF YOU ARE A USER LOCATED IN THE Lithuania YOU AGREE THAT DISPUTES BETWEEN YOU AND Imperator Limited UAB (CoinBitCo) WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION IN Lithuania AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

Who May Use the Services?

Eligibility

You may use the Services if you are 18 years or older and are not barred from using the Services under applicable law.

Registration and Your Information

If you want to use the Services, you’ll have to create an account (“Account”) via the App. You agree that you won’t disclose your Account credentials to anyone, and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, or are otherwise referable to your Account credentials, whether or not you know about them. We reserve the right to suspend or terminate your Account if you provide inaccurate, untrue, or incomplete information, or if you fail to comply with the Account registration requirements or these terms.

You are solely responsible for the retention and security of your twelve-word recovery phrase (“Recovery Phrase”). Your Recovery Phrase is the only way to access the cryptocurrency associated with your Account. Anyone that has access to your Recovery Phrase can access your cryptocurrency. If you lose your Recovery Phrase, you will not be able to access your cryptocurrency. You acknowledge that Imperator Limited UAB (CoinBitCo) does not store and is not responsible in any way for the security of your Recovery Phrase and you agree to hold Imperator Limited UAB (CoinBitCo) and/or Imperator Limited UAB (CoinBitCo) harmless and that Imperator Limited UAB (CoinBitCo) and/or Imperator Limited UAB (CoinBitCo) shall not be liable in any way in the event you lose your Recovery Phrase and cannot access your cryptocurrency.

Feedback

We welcome feedback, comments, ideas, and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by contacting us at https://help.Imperator Limited UAB (CoinBitCo) .com/en/more/Imperator Limited UAB (CoinBitCo) -wallet You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose. If you lose your Recovery Phrase, you will not be able to access your cryptocurrency. You acknowledge that Imperator Limited UAB (CoinBitCo) does not store and is not responsible in any way for the security of your Recovery Phrase and you agree to hold Imperator Limited UAB (CoinBitCo) and/or Imperator Limited UAB (CoinBitCo)harmless and that Imperator Limited UAB (CoinBitCo) and/or Imperator Limited UAB (CoinBitCo) shall not be liable in any way in the event you lose your Recovery Phrase and cannot access your cryptocurrency.

Content Ownership, Responsibility and Removal

For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Services; and (ii) “User Content” means any Content that Account holders (including you) make available through the Services. Content includes without limitation User Content.

We do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content.

Subject to the foregoing, Imperator Limited UAB (CoinBitCo) and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

Rights in User Content Granted by You

To operate and provide our Services, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, copy, distribute, create derivative works of, display, and perform the User Content that you upload, submit, store, send, or receive on the App or through our Services. The rights you grant in this license are for the limited purpose of operating and providing our Services. Additional information about your privacy and how we use User Content is available in the Privacy Policy.

You warrant and represent that you have the right and authority to submit your User Content and that the User Content or any part thereof does not infringe the intellectual property rights or any other rights of any third party.

You acknowledge that, in certain instances, where you have removed your User Content by specifically deleting it, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

Rights in Content Granted by Imperator Limited UAB (CoinBitCo)

Subject to your compliance with these Terms, we grant you a limited, non- exclusive, non-transferable, non-sublicensable license to download, view, copy, display and print the Content solely in connection with your permitted use of the Services.

Rights in App, Site and Services Granted by Imperator Limited UAB (CoinBitCo) The App, Site and Services are proprietary to Imperator Limited UAB (CoinBitCo) and its licensors and must not be used other than strictly in accordance with these Terms. Imperator Limited UAB (CoinBitCo) grants to you a limited, non- exclusive, non-transferable, non-sublicensable right to use the App and Site for the purposes of accessing and using the Services in accordance with these Terms.

Fees

We may charge fees for some or part of the Services we make available to you. We reserve the right to change those fees at our discretion with notice. We will disclose the amount of fees we will charge you for the applicable Service at the time that you access the Service.

You may incur charges from third parties for use of linked services. For example, you may be charged fees via the Depp’s and/or DEXs that you may access via the App. You may also be charged fees by Imperator Limited UAB (CoinBitCo), Inc. if you elect to link the Wallet App to your Imperator Limited UAB (CoinBitCo) account and transact in your Imperator Limited UAB (CoinBitCo) account. Third party fees are not charged by Imperator Limited UAB (CoinBitCo) and are not paid to Imperator Limited UAB (CoinBitCo).

Acceptable Use and Imperator Limited UAB (CoinBitCo) Wallet Holding’s Enforcement Rights

You agree not to use the Services in ways that:

  • Violate, misappropriate, or infringe the rights of Imperator Limited UAB (CoinBitCo), our users, or others, including privacy, publicity, intellectual property, or other proprietary rights.
  • Are illegal, defamatory, threatening, intimidating, or harassing.
  • Involve impersonating someone.
  • Breach any duty toward or rights of any person or entity, including rights of publicity, privacy, or trademark.
  • Involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialling, and the like.
  • Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by us or any of our service providers or any other third party (including another user) to protect the Services or Content.
  • Disguise your location through IP proxying or other methods.
  • Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services.
  • Violate any applicable law or regulation; or
  • Encourage or enable any other individual to do any of the foregoing.
  • Although we have no obligation to monitor any User Content, we have absolute discretion to remove User Content at any time and for any reason without notice. You understand that by using the Services, you may be exposed to User 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.

You agree to comply with all applicable Lithuania and non-Lithuanian. export control and trade sanctions laws (“Export Laws”). Without limiting the foregoing, you may not download the App or use the Services if 1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan, or Syria or any other country subject to Lithuanian embargo, UN Security Council Resolutions (“UNSCR”), HM Treasury's financial sanctions regime, or if you are on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List, Entity List HM Treasury's financial sanctions regime; or (2) you intend to supply any Services to Cuba, Iran, North Korea, Sudan or Syria or any other country subject to Lithuanian embargo or HM Treasury's financial sanctions regime (or a national or resident of one of these countries), or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List, Entity List, or HM Treasury's financial sanctions regime.

Third Party Materials

The Services and App may contain links to third-party services and/or Dapps (“Third Party Materials”). The Services enable you to access Dapp’s via a Dapp browser and Wallet Link by navigating away from the App to the Dapp or by enabling a native frontend software link within the App. When using a Dapp or other Third-Party Materials, you understand that you are at no time transferring your assets to us. We provide access to Third Party Materials 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 Materials (including any related websites, resources or links displayed therein). We make no warranties or representations, express or implied, about such linked Third-Party Materials, 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 websites, applications, or resources.

You may be able to link Wallet to your Imperator Limited UAB (CoinBitCo) account to enable access to your Imperator Limited UAB (CoinBitCo) account from Wallet. IN doing so, you understand and agree that all transactions made when accessing your Imperator Limited UAB (CoinBitCo) account from Wallet is subject to the terms of use for the Imperator Limited UAB (CoinBitCo) account and the Imperator Limited UAB (CoinBitCo) privacy policy.

Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by following the account closure instructions in the App. Upon any termination, discontinuation or cancellation of Services or your Account, (i) all rights and/or licences granted to you under these Terms shall immediately cease and terminate and you shall forthwith cease the use and/or access of the App, Site, Services and Content in any way whatsoever; and (ii) notwithstanding the foregoing, the following provisions will survive: Feedback, Content and Content Rights, Content Ownership, Responsibility and Removal (save for the subsection “Rights in Content Granted by Imperator Limited UAB (CoinBitCo)”), Termination, Warranty Disclaimers, Indemnity, Limitation of Liability, Dispute Resolution, and General Terms.

Warranty Disclaimers

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES (INCLUDING ANY PRIVATE KEY STORAGE SERVICE OFFERED AS PART OF THE SERVICES, WHETHER CLOUD OR HARDWARE-BASED) AND CONTENT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE APP, SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Imperator Limited UAB (CoinBitCo) SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. Imperator Limited UAB (CoinBitCo) DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SERVICES OR ANY OF THE MATERIALS CONTAINED THEREIN WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR- FREE.

USE OF ANY PRIVATE KEY STORAGE SERVICE INCLUDED AS PART OF THE SERVICES IS OFFERED TO YOU AS A CONVENIENCE, SUBJECT TO THE LIMITATIONS ABOVE. TO BE SAFE, YOU SHOULD ALWAYS BACKUP YOUR PRIVATE ACCESS KEY VIA SECONDARY MEANS.

Indemnity

You will indemnify and hold harmless Imperator Limited UAB (CoinBitCo) and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, (iii) Third Party Materials, or (iv) your violation of these Terms.

Limitation of Liability

TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, Imperator Limited UAB (CoinBitCo) SHALL NOT BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES ALLEGEDLY ARISING FROM THE COMPROMISE OR LOSS OF YOUR LOGIN CREDENTIALS OR FUNDS, OR LOSS OF OR INABILITY TO RESTORE ACCESS FROM YOUR BACKUP PHRASE, OR FOR MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS AND/OR ERRORS IN THE TRANSMISSION OF TRANSACTIONS OR MESSAGES TO THE ETHEREUM NETWORK, OR THE FAILURE OF ANY MESSAGE TO SEND OR BE RECEIVED BY THE INTENDED RECIPIENT IN THE INTENDED FORM, OR FOR DIMINUTION OF VALUE OF ETHER OR ANY OTHER DIGITAL TOKEN OR DIGITAL ASSET ON THE ETHEREUM NETWORK. Imperator Limited UAB (CoinBitCo) SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE SERVICES, EVEN IF AN AUTHORIZED REPRESENTATIVE OF Imperator Limited UAB (CoinBitCo) HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. Imperator Limited UAB (CoinBitCo) SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO SOFTWARE, PRODUCTS, SERVICES, AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD PARTIES AND ACCESSED THROUGH THE APP, SITE OR SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL Imperator Limited UAB (CoinBitCo)’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE HUNDRED U.S. DOLLARS ($USD100.00) OR ITS EQUIVALENT IN THE LOCAL CURRENCY OF THE APPLICABLE JURISDICTION.

Dispute Resolution

Governing Law, Forum, and Venue

These Terms and any action related thereto will be governed by the laws of Lithuania, without regard to its conflict of law’s provisions, if you are a user located in Lithuania, the terms in the “Special Arbitration Provision for Lithuania Users” section below apply to you.

If you are not located in Lithuania, you agree that you will resolve any claim you have with us relating to, arising out of, or in any way in connection with our Terms, us, or our Services (each, a “Dispute,” and together, “Disputes”) exclusively in the state courts located in Lithuania.

Special Arbitration Provision for Lithuania Users

If you are a user located in the Lithuania, you and Imperator Limited UAB (CoinBitCo) agree that any Dispute shall be finally settled in binding arbitration, on an individual basis, in accordance with the Lithuanian Arbitration Association’s rules for arbitration of consumer-related disputes and you and Imperator Limited UAB (CoinBitCo) hereby expressly waive trial by jury and right to participate in a class action lawsuit, private attorney general actions, or class-wide arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). The exclusive jurisdiction of an IP Protection Action shall be the courts of Lithuania and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating IP Protection Actions.

The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies to the arbitration. The arbitration will be conducted by a single, neutral arbitrator and shall take place in the county or parish in which you reside, or another mutually agreeable location, in the English language. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys' fees when authorized by law, and the arbitral decision may be entered as a judgement and enforced in any court of law. At your request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. The prevailing party in any action or proceeding to enforce this agreement shall be entitled to costs and attorneys' fees.

If the arbitrator(s) or arbitration administrator would impose filing fees or other administrative costs on you, we will reimburse you, upon request, to the extent such fees or costs would exceed those that you would otherwise have to pay if you were proceeding instead in a court. We will also pay additional fees or costs if required to do so by the arbitration administrator's rules or applicable law. Apart from the foregoing, each Party will be responsible for any other fees or costs, such as attorney fees that the Party may incur. If a court decides that any provision of this Special Arbitration Provision is invalid or unenforceable, that provision shall be severed, and the other parts of this Special Arbitration Provision shall still apply. In any case, the remainder of this User Agreement, will continue to apply.