Terms and Privacy
August 1, 2021
OVERVIEW
PLEASE READ THIS TERMS OF USE AGREEMENT (THE “TERMS” ) CAREFULLY AS THEY FORM A BINDING LEGAL AGREEMENT BETWEEN YOU AND LEVEL SEVEN LIMITED (“SWITCH” OR “WE” AND ITS DERIVATIVES). THIS SITE AND ANY OTHER SITES OF SWITCH (COLLECTIVELY, THE “SITE” ) AND THE INFORMATION ON IT ARE CONTROLLED BY SWITCH. THESE TERMS GOVERN THE USE OF THE SITE AND APPLY TO ALL VISITORS TO THE SITE AND THOSE WHO USE THE CRYPTOCURRENCY WALLET SOFTWARE THAT IS DOWNLOADABLE FROM THE SITE OR VIA THE APP STORE/PLAY STORE (THE “SOFTWARE ”), AS WELL AS OTHER SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE SITE, (EACH A “SERVICE” AND COLLECTIVELY, THE “SERVICES”, WHICH INCLUDES THE SOFTWARE AND THE SITE UNLESS EXPLICITLY SET FORTH BELOW). BY CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, DOWNLOADING THE SOFTWARE AND/OR BROWSING THE SITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH SWITCH, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS PERSONALLY OR ON BEHALF OF THE LEGAL ENTITY ON FOR WHOM YOU ARE USING THE SERVICES. THE TERM “YOU” REFERS TO YOU INDIVIDUALLY OR THE LEGAL ENTITY ON WHOSE BEHALF THE SERVICES ARE USED, AS APPLICABLE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES
SWITCH MAY MODIFY THESE TERMS AT ANY TIME AND AT OUR SOLE DISCRETION. IF WE DO SO, WE WILL CHANGE THE “LAST UPDATED” DATE AT THE BEGINNING OF THESE TERMS AND, AS AVAILABLE, INFORM YOU THROUGH OR WITHIN THE SERVICES. BY CONTINUING TO USE THE SITE OR SERVICES FOLLOWING THE RELEASE OF UPDATED TERMS YOU CONSENT TO SUCH UPDATED TERMS. WE INVITE YOU TO CHECK THIS PAGE REGULARLY FOR UPDATES TO THE TERMS AND POLICIES.
USE OF SERVICES
The software, the site, the services, and the information and content available therein ( “SWITCH CONTENT” ) are protected worldwide by copyright laws. Subject to the terms, Switch grants you a limited license to reproduce portions of SWITCH CONTENT solely as required to use the services for your personal or internal business purposes. Unless otherwise specified by Switch in a separate license, your right to use any SWITCH CONTENT is subject to these terms. Switch is not a bank or financial institution and does not provide investment or financial advice or consulting services to users of the services. We are solely the provider of the services.
1.1 SWITCH SOFTWARE
Use of the software is governed by these terms. Switch delivers the software via download and Switch will not provide you with any tangible copy of the software. Subject to your compliance with the terms, Switch grants you a non- assignable, non-transferable, non-sublicensable, revocable, and non-exclusive license to use the software on computers/smartphones you own or control solely for your personal or internal business purposes. Because the software is locally installed, you are responsible for the security of the device on which it is installed, including ensuring that you keep your anti-virus software current and otherwise protect the device on which the software is installed against malware. Switch is not responsible for any loss or damages
– including loss of funds or lockout from accounts accessed via the software – resulting from your failure to keep the device on which the software is installed safe and free of any malware. Switch cannot recover passwords or unlock account information stored on the software in any circumstances, including if the software is compromised by malware on your computer, and it is your sole responsibility to take all reasonable precautions to secure and backup your copy of the software and the information stored on it.
1.2 UPDATES
The software and services are evolving and you may be required to accept or install updates to the software or services, or update Third Party software (i.e. browsers or OS) in order to keep using the software or services or access their latest features, including security updates. We may update the software and services at any time, without providing notice.
1.3 RESTRICTIONS
By accessing the services, you agree not to: (a) license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the services or SWITCH CONTENT, or any portion thereof, including on a service bureau or equivalent basis; (b) frame or enclose any trademark, logo, or other SWITCH CONTENT, (including images, text, page layout or form); (c) use any metatags or other “hidden text” using the Switch name or trademarks; (d) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the services or software (except to the extent this restriction is expressly prohibited by applicable law); (e) use any manual or automated software, devices or other processes (including spiders or other data mining tools) to “scrape” or download data from any web pages in the site (except that we grant operators of public search engines revocable permission to do so for the sole purpose of creating publicly available searchable indices (but not caches or archives) of such content; (f) access the site, services, or software in order to build a similar or competitive site, services, or software; (g) copy, reproduce, distribute, republish, download, display, post or transmit any SWITCH CONTENT except as expressly permitted herein; and (h) remove or destroy any copyright notices or other proprietary markings contained on or in the services or SWITCH CONTENT. Switch, its suppliers and service providers reserve all rights not granted in the terms. Any unauthorized use of the services terminates the licenses granted by Switch herein.
1.4 THIRD PARTY SERVICES
The services may incorporate, or may provide access to, applications or materials that are hosted by another party, including (i) crypto assets, such as Ethereum and Bitcoin, (ii) cryptocurrency exchanges for token-to- token exchanges (collectively, “Third Party Services”). You understand and agree that all cryptocurrency exchanges provided through the services are actually executed by Third Party Service providers, and that Switch does not itself exchange virtual currencies. Access to Third Party services may be geo- blocked for residents of certain countries and certain states of the United
States. You agree that it is impossible for Switch to monitor Third Party services and that you access them at your own risk. Do not share any credentials, private keys, or other sensitive information with any Third Party without validating their legitimacy . Third Party services are provided to you, subject to the terms and conditions of the Third Party providers. Third Party Services that are incorporated into or linked to the Switch services (i.e. communications functionality) have terms that differ from these terms. You may be required to agree to those terms in order to access the Third Party Services. We do not control the terms, policies, or performance of any Third Party, and are not responsible for any performance, or failure to perform, of any Third Party Services, including with respect to exchange rates, processing of transactions, and similar activities.
1.5 PRIVACY POLICY
Switch is a SaaS (Software as a Service) platform operating purely on the application layer and does in no way require, monitor, identify, or get involved in KYC for/towards its users, and maintains no control over facilitation, management, processing of any financial data/instruments/cryptocurrency. Non-Identifiable data like IP Addresses and Hardware ID on mobile installations is recorded for the purpose of sending email notification alerts and managing subscriptions. You are responsible for all/any other data and information provided or uploaded by you to the services (“USER CONTENT”), whether publicly posted (i.e. in a user forum, if applicable) or privately transmitted (i.e. to us in connection with a support request). You are solely responsible for the accuracy and completeness of USER CONTENT you submit, and represent and warrant that you have all rights required in order to post such USER CONTENT. We may, at our sole discretion, delete any USER CONTENT that we determine violates these terms. In case you provide us with information (or which we may
have access to) that allows us to identify you or any other individual (“ Personal Information ”) in connection with your use of the services, we will preserve and safeguard such information.
1.6 NECESSARY EQUIPMENT AND SOFTWARE
You must provide all equipment and software necessary to connect to use the services. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing or using the services.
OWNERSHIP
Switch and its suppliers own all rights, titles and interests in and to the site, services, software, and SWITCH CONTENT. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the site, the services, or SWITCH CONTENT.
2.1 TRADEMARKS
“Switch” and other related graphics, logos, service marks and trade names used in connection with the services are the trademarks of Switch and may not be used without permission in connection with any Third Party products or services. Other trademarks, service marks and trade names that may appear on or in the site or services are the property of their respective owners.
2.2 USER CONTENT
You own your USER CONTENT. By posting, displaying, sharing or distributing USER CONTENT on or through the services, you grant us, and any Third Party services used in connection with the services, a nonexclusive license to use the USER CONTENT solely for the purpose of operating the services. Except as prohibited by applicable law, we may disclose any information in our possession (including USER CONTENT) in connection with your use of the services, to (a) comply with legal process; (b) enforce these terms, (c) respond to your requests for customer service, or (d) protect the rights, property or personal safety of Switch, our employees, directors or officers, partners and agents, or members of the public.
2.3 FEEDBACK
You may provide ideas, suggestions, documents, and/or proposals about the services to Switch through any means ( “Feedback” ), and you grant Switch a fully paid, royalty-free, perpetual, irrevocable, worldwide, non- exclusive, and sublicensable right and license to use Feedback for any legitimate purpose.
USER CONDUCT
You may not use the services for any purpose that is prohibited by the terms or applicable law. You will not (and will not permit any Third Party to) take any action or make available any content on or through the services that: (a) infringes any intellectual property rights of any person or entity; (b) is unlawful, threatening, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, or offensive; (c) is unauthorized or unsolicited advertising, junk or bulk e-mail; (d) involves commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (e) impersonates any person or entity, including any employee or representative of Switch; (f) interferes with the proper functioning of the services; (g) engages in any potentially harmful acts directed against the services, including violating any security features of the services, introducing viruses, worms, or similar harmful code into the services; (h) is not compliant with any international securities laws, or (h) attempts to do any of the foregoing.
INVESTIGATIONS
Although Switch does not monitor user activity on the site or services, if Switch becomes aware of any possible violations by you of any provision of the terms, Switch may investigate such violations, and at its sole discretion, may choose to terminate the services provided.
THIRD PARTY PROPERTIES
The services may contain links to Third Party websites and applications (collectively, “Third Party Properties” ).
When you click on a link to a Third Party Property, we will not warn you that you have left the services and are subject to the terms and conditions (including privacy policies) of another website or application. Switch provides these Third Party Properties only as a convenience and does not make any representations with respect to Third Party Properties, or their products or services. You use Third Party Properties at your own risk. You should review applicable terms and policies, including privacy and data gathering practices, of any Third Party Properties, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any Third Party.
INDEMNIFICATION
You agree to indemnify and hold Switch, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “SWITCH PARTIES” ) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) your use of, or inability to use, the services;
(b) your violation of the terms; (c) your violation of any rights of another party, including any other users of the services; or (d) your violation of any applicable laws, rules or regulations. Switch may, at its own cost, assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Switch in asserting any available defenses. This provision does not require you to indemnify any Switch Party for any fraud, gross negligence, or willful misconduct in connection with the services.
DISCLAIMER OF WARRANTIES
The site, services and software are provided on an “as is” and “as available” basis, with all faults, and Switch expressly disclaims all warranties, representations, and conditions of any kind arising from or related to these terms or your use of the site, services, and software, including the implied warranties of merchantability and fitness for a particular purpose. You acknowledge that, to the extent allowed by applicable law, all risk of use of the site, services, and software rests entirely with you.
7.1 BETA RELEASES
From time to time, Switch may offer new “BETA” features or tools with which its users may experiment. Such features or tools are offered solely for experimental purposes, without any warranty of any kind, and may be modified or discontinued at Switch’s sole discretion.
7.2 THIRD PARTY CONDUCT
Switch is not liable, and you agree not to seek to hold Switch liable, for the conduct of third parties on or accessed via the services, including operators of Third Party services and Third Party Properties and other users of the services, and that the risk of injury from such third parties rests entirely with you.
LIMITATION OF LIABILITY
In no event will Switch be liable for any lost profits, revenue or data, indirect, incidental, special, or consequential damages, or damages or costs due to loss of production or use, business interruption, or procurement of substitute goods or services arising out of or in connection with the services, whether or not Switch has been advised of the possibility of such damages, and regardless of the theory of liability asserted.
The limitations will not apply to damages caused by fraud, gross negligence, or willful misconduct of Switch, or to the extent such limitations are precluded by applicable law (in which case Switch’s liability will be increased to the minimum amount required to comply with such law).
TERMS AND TERMINATION
The terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect for so long as you access or use the site, services, or software.
9.1 TERMINATION BY SWITCH
Switch may, at any time and for any reason, cease providing any or all of the services, and/or terminate the terms. Without limiting the foregoing, we may also terminate your access to any or all of the services If you materially breach any provision of the terms, or if Switch is requiredto do so by law (e.g., where the provision of the services is, or becomes, unlawful).
9.2 TERMINATION BY YOU
These terms will be of no further force and effect with respect to you if you cease all use of the services and software and no longer visit the site.
9.3 EFFECT OF TERMINATION
Upon termination of any service, your right to use such service will automatically terminate immediately. Switch will not have any liability whatsoever to you for any suspension or termination.
GENERAL PROVISIONS
10.1 ELECTRONIC COMMUNICATIONS
Communications between you and Switch use electronic means, whether made via the site or services or sent via E-mail, or whether
Switch posts notices on the site or services. For contractual purposes, you (1) consent to receive communications from Switch in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Switch provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
10.2 ASSIGNMENT
The terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Switch’s prior written consent.
10.3 FORCE MAJEURE
Switch will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
10.4 QUESTIONS, COMPLAINTS and CLAIMS
If you have any questions, complaints or claims with respect to the site, services or software, please contact us at [email protected]
10.5 EXCLUSIVE VENUE
To the extent the parties are permitted under these terms to initiate litigation in a court, both you and Switch agree that all claims and disputes arising out of or relating to the terms will be litigated exclusively in the British Virgin Islands.
10.6 GOVERNING LAW
The terms and any action related thereto will be governed and interpreted by and under the laws of the British Virgin Islands, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on contracts for the international sale of goods does not apply to these terms.
10.7 WAIVER
Any waiver or failure to enforce any provision of the terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
10.8 SEVERABILITY
If any portion of these terms is held invalid or unenforceable, that portion will be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions will remain in full force and effect.
10.9 ENTIRE AGREEMENT
These terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
