Spatium Application User Agreement

September 01, 2021 

This User Agreement (hereinafter "Agreement") is an agreement entered into between CASPIAN TECHNOLOGIES PTE LTD (hereinafter "We", "Us", "Our", "Copyright Holder") and the person using the Spatium application (hereinafter "You", "Your", "User"). The Agreement governs the rules of use of the Spatium mobile application (hereinafter the "Application").

BY CLICKING THE "ACCEPT" BUTTON, COMPLETING REGISTRATION OR STARTING TO USE THE APPLICATION, YOU ACKNOWLEDGE THAT YOU ACKNOWLEDGE AND ACCEPT THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE APPLICATION.

Subject to the terms of this Agreement, we grant you a limited, revocable, non-exclusive license only to the extent necessary for you to use the Application, without the right to sublicense the installation, copying and use of the Spatium application, and without such right with respect to its features, algorithms, design and any other intellectual property.

In accordance with the foregoing, the Parties agree as follows:

1. Definitions

«Account» means an account in the Application, created upon registration, which provides the ability to use the functions of the Application and is owned by a specific user.

«Application Servicing Organization» means a legal entity (subsidiary) wholly owned by CASPIAN TECHNOLOGIES PTE LTD, authorized by an appropriate contract with CASPIAN TECHNOLOGIES PTE LTD to provide technical support, pay for services required for the operation of the Application, and otherwise support the operation of Spatium.

«Spatium» is a mobile application (cryptocurrency wallet), using which you have the ability to receive, send cryptoassets and access resources for their exchange, as well as the ability to otherwise manage digital assets and cryptoassets.

«User» means a person of sufficient legal capacity to sign (agree to comply with) this agreement, at least 18 years of age.

2. Copyright holder

All rights in the Spatium application are owned by CASPIAN TECHNOLOGIES PTE LTD (reg. number 201727936N), whose address is in Singapore, 20A Tanjong Pagar Road (088443).

3. Operating Principle

In order to use the Application, you must complete the registration process. You are solely responsible for all activities that occur under your Account. You agree to immediately notify Us of any unauthorized use of your Account or any other breach of security.

To create an account, you will be required to create a password or PIN. You make them up yourself. We don't keep passwords or PINs. We do not know them. You must protect your passwords, and you are solely responsible for using your account. You may then use the App in full.

You should go through the backup (data recovery) process to be able to log in to your previously created account if you log out. This will also allow you to access your account in case your device is lost, broken, or stolen by another gadget or device and use the functionality of the App to the fullest extent.

You can do this by going to the backup (backup) section:

• biometric data of your face;

• save contacts with which you most often perform operations;

• QR code. After saving a QR code, we recommend printing it on a physical medium and deleting it from your device to reduce the chance of third parties doing anything illegal with it.

If you decide to use biometric data for backup data recovery, keep in mind that the neuro-biometric system that provides this algorithm is trained to recognize (recognize) you, so we do not store any images, vectors or other confidential information of the User. This is possible because we use an innovative technology of anonymous neuro-biometric user authentication. Also in this case, you must provide an email address, which will be used to confirm that the ownership of the specified email belongs to you. The access email must only be available to you and under no circumstances should it be available to anyone else, it must also be current, complete and accurate.

3.1 Using the Application allows you to:

• receive, send cryptoassets to other recipients;

  Buy and sell digital assets (tokens)

  Save the contacts with whom you make transactions most often;

• have a list of cryptocurrencies provided in the Application itself;

• limit the amount of transactions per day you can make, their number, as well as specify the persons who are not subject to such restrictions. If you set limits and try to exceed them when making a transaction, you will need to additionally confirm your intention with a password (created when registering with the Application) or using your biometric data.

  If any funds are charged to you, they will only be charged by third-party services and not by Us.

The above options for using the functionality of the Application are not limited to this list.

4. Cost of Application and features

Downloading, installing, accessing, registering for and using the Application is free of charge to you. We do not charge you for any services when you use the Application.

Fees may be charged by third party services such as (but not limited to) exchanges when you use the Application.

The fees for such services shall be set in accordance with the internal tariffs established by the relevant services, exchanges, etc., or the market value at the time of the transaction, or as otherwise established by such service, exchange, etc.

5. Suspension of use of the Account. Prohibition on use of the Application

By using the Application, you agree to comply with all applicable laws.

We may temporarily suspend or permanently delete your account. This is possible if:

A) we believe that you have violated this Agreement;

B) your actions (actions taken using your account) raise a suspicion of criminal activity;

C) you have violated these Terms of Agreement or any other applicable rules and regulations that we may apply to the application;

D) there has been tampering or interference with the functionality of Spatium;

E) the security of the Application has been compromised or any security vulnerability has been discovered in the Application;

F) you have attempted to bypass or manipulate the operation or functionality of the Application, to enable or implement features that are disabled, unavailable or not provided;

G) you are attempting or making automated requests, actions;

H) you use robots, search or similar applications, algorithms to collect, compile content from or to Spatium, including for the purpose of competing with the App, or do such things in ways that may impair the functionality or otherwise degrade the App;

I) you embed content or design into the App that could alter it using any software, feature, gadget, communication protocol or otherwise;

J) you impersonate any person or entity or make false statements about your identity or affiliation with a person or entity;

K) you collect, receive, process personal data of Spatium users without their prior consent;

L) you post or copy links to Spatium from web pages, applications, other sources that contain pornographic content or content that promotes racism, discrimination;

M) you engage in any activity that constitutes a criminal offense or gives rise to civil liability;

N) you have transferred the use of your account to another person;

O) you have violated any applicable law.

You alone are solely responsible for the actions you take through the Spatium app and the consequences associated therewith.

6. Termination of the Agreement

This Agreement between Us and You will terminate in the following circumstances:

A) if you have requested it by contacting support@spatium.net or https://t.me/spatiumwallet;

B) at our will (the initiative of the copyright holder). Such termination will not result in liability to you. In this case, you will be notified by e-mail or a notice will be published in a telegram feed;

C) a breach of the terms of the Agreement by one of the parties to the Agreement;

D) a statute or other official order of an authorized agency;

Violation of the conditions set forth below may also result in termination of your account, in addition to civil liability under applicable law.

You may not (and may not permit any third party to):

• copy, modify, adapt the Application or otherwise create derivative works based on it;

• reverse engineer, decompile, disassemble or otherwise attempt to extract the source code of the Software, except as expressly permitted by law in the jurisdiction in which you are located;

  rent, lease, sell, assign or otherwise transfer the rights to the Application;

• delete any indication of personal data contained in the Data Processing Application;

• use data in the Service containing an indication that it belongs to a third party for purposes other than the sale, purchase, exchange of crypto-assets.

You will comply with all applicable laws and regulations when using the Application.

Upon termination of the Agreement, your account will cease to exist (be deleted). Upon termination of this Agreement, we will cease to provide services and you will cease to have access to the Application.

If you terminate the Agreement for any reason, you will not be entitled to any refund of fees for use of features of the Application (if any) or any other fees. No data from your prior Reports will ever be available to you.

7. Changes to the Application and Agreement

We have the right to change all or part of the terms of this Agreement, the interface, functionality, features of the Application and otherwise, at any time, by posting a new version of the Agreement when you download the Application on the applicable resources and in the Application itself.

The effective date of the updated terms of the Agreement shall be the next business day after the date of publication of the update. The date of publication of the update is specified in the text of the Agreement.

You should regularly review this Agreement for updates. You may become aware of changes to the terms of the Agreement or the Privacy Policy through our notice sent to your registered email address or other notice in the Application. In this case, if you do not agree to the changed terms of use of the Application, you must stop using the Application and the service as well as the right to use the Application will be terminated for you.

8. Warranty

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR WARRANTIES EXPRESSLY SET FORTH HEREIN, CASPIAN TECHNOLOGIES PTE LTD OR THE APPLIANCE PROVIDER MAKES NO OTHER EXPRESS, IMPLIED OR OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES AS TO QUALITY OF SERVICE, FITNESS FOR ANY PARTICULAR PURPOSE AND NONINFRINGEMENT.

THE SPATIUM APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. WE AND OUR OFFICERS, DIRECTORS, STOCKHOLDERS, EMPLOYEES, SUBCONTRACTORS, AGENTS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE CONTENT, FEES, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NONINFRINGEMENT, BRAND, COMPATIBILITY, PERFORMANCE, SECURITY, ACCURACY, GOODWILL OR ANTICIPATED BENEFITS.

WE DO NOT GUARANTEE THAT:

A) THE APPLICATION WILL RUN SMOOTHLY WITHOUT ERRORS OR WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;

B) THE APPLICATION WILL BE FREE OF MALWARE, VIRUSES OR OTHER HARMFUL COMPONENTS;

C) THE QUALITY OF THE APPLICATION AND THE INFORMATION CONTAINED THEREIN WILL MEET YOUR EXPECTATIONS;

D) THE CONTENT OF THE INFORMATION PROVIDED IN SPATIUM WILL BE ACCURATE, USEFUL OR RELIABLE;

E) THE RESULTS OF USING THE APPLICATION WILL BE SATISFACTORY AND WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.

NO REPRESENTATIONS OR OTHER FACTS, INCLUDING QUALITY, FITNESS FOR USE, ETC., INCLUDING THE CONTENT PROVIDED IN THE SPATIUM SHALL BE DEEMED TO CONSTITUTE A WARRANTY BY THE INTERESTED PARTIES FOR ANY PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT. THEREFORE, NONE OF THIS SHALL GIVE RISE TO ANY LIABILITY ON THE PART OF OUR EMPLOYEES.

YOU AGREE AND ACKNOWLEDGE THAT YOUR USE OF SPATIUM, IN WHOLE OR TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IS AT YOUR OWN RISK.

9. Liability. Compensation

9.1 LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR EMPLOYEES SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY SIMILAR LOSSES OR DAMAGES (INCLUDING LOST PROFITS AND LOSS OF DATA), COSTS AND FEES OR LIABILITY ARISING OUT OF TORT (INCLUDING NEGLIGENCE) RESULTING FROM THE USE OR INABILITY TO USE THE APPLICATION FOR ANY INDIRECT, SPECIAL, PUNITIVE DAMAGES, STATUTORY, CONTRACTUAL OR OTHERWISE, OR VENUS ONLY, ARISING FROM OR IN CONNECTION WITH THE CONTENT, FEES, USE

WE ARE NOT RESPONSIBLE FOR:

• FOR ANY FAILURES OR ERRORS IN SAID FUNCTIONS, OR ARISING OUT OF FAILURES OR ERRORS OF PERSONNEL;

• FOR LINKS TO CONTENT AVAILABLE FOR THE APPLICATION;

• FOR DELETION OF AN ACCOUNT;

• DENIAL OF ACCOUNT DELETION;

• FOR STORAGE, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF CONTENT CONTAINED IN USING THE APP.

FOR EXCHANGING, BUYING, SELLING, SENDING, RECEIVING, STORING CRYPTO- ASSETS OR NON-CASH, INCLUDING USING THIRD-PARTY SERVICES THAT YOU USE TO DO SO USING OUR APP. SUCH THIRD PARTY SERVICES INCLUDE:

A) "MERCURYO" - FOR EXCHANGING CASHLESS MONEY FOR CRYPTOASSETS (TOKENS). YOU ARE SUBJECT TO THE RULES AVAILABLE AT https://mercuryo.io/agreement/ AND THE PRIVACY POLICY AVAILABLE AT https://mercuryo.io/privacy/.

B) "MOONPAY" - TO EXCHANGE NON-CASH MONEY FOR CRYPTOASSETS (TOKENS) AND CRYPTOASSETS (TOKENS) FOR NON-CASH MONEY. THE RULES AVAILABLE AT https://www.moonpay.com/legal/terms_of_use, https://www.moonpay.com/legal/privacy_policy APPLY TO YOU;

C) "CHANGENOW", "ZERION" - TO EXCHANGE CRYPTOASSETS (TOKENS) OF ONE TYPE FOR CRYPTOASSETS (TOKENS) OF ANOTHER TYPE, THE RULES AVAILABLE AT https://changenow.io/terms-of-use, https://changenow.io/privacy-policy;https://zerion.io/terms.pdf, https://zerion.io/privacy.pdf APPLY TO YOU;

IN ANY EVENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL MAXIMUM AND AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES SHALL NOT EXCEED 1% OF THE PRICE YOU PAID US (IF YOU PAID US) IN THE TWELVE MONTHS PRECEDING THE EVENT ALLEGED TO HAVE CAUSED THE CLAIM.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR PERSONNEL SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY SIMILAR DAMAGES OR LOSSES (INCLUDING LOST PROFITS AND LOSS OF DATA), COSTS, EXPENSES AND FEES, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM OR RELATING TO THE CONTENTS, FEES, USE OR INABILITY TO USE SPATIUM OR ITS FUNCTIONS,

NOTWITHSTANDING ANYTHING ELSE, WE ARE FULLY RELEASED FROM OUR OBLIGATIONS AND LIABILITY TO YOU IF YOU VIOLATE THESE TERMS AND CONDITIONS, ANY OTHER TERMS, RULES OR REGULATIONS APPLICABLE TO SPATIUM, OR IF YOU VIOLATE THE RIGHTS OF ANY OTHER PERSON AS A RESULT OF USING SPATIUM.

9.2 Compensation.

To the extent permitted by applicable law, you agree to indemnify, hold harmless, and defend CASPIAN TECHNOLOGIES PTE LTD and its wholly owned subsidiaries from and against any claims, actions, proceedings, and lawsuits brought by third parties against Us or any of its officers, directors, employees and all related liabilities, losses, settlements, fines, penalties, costs or expenses (including, without limitation, reasonable attorneys' fees and other litigation expenses) incurred by CASPIAN TECHNOLOGIES PTE LTD or any of its officers, directors, employees, agents or affiliates, entities servicing the application or in connection with:

• your breach of any term or provision of this Agreement;

• your use of the Application;

Your violation of applicable laws, rules or regulations in connection with the Application;

any representations or warranties you have made to third parties regarding any aspect of the Application;

any claims filed by or on behalf of Third Parties directly or indirectly relating to your use of the Application;

any claims filed by or on behalf of Third Parties relating directly or indirectly to your use of the Application; ● any breaches by you of your confidentiality obligations to Third Parties;

any claims against acts or omissions of Third Parties relating to the Application.

CASPIAN TECHNOLOGIES PTE LTD, or an authorized entity maintaining the Application, will provide you with written notice of any lawsuits and cases in which you are obligated to provide us with a defense and not to cause harm. In order to defend any claim, you must fully cooperate to the extent reasonably required. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which your indemnification and hold harmless warranty applies.

10. Privacy

CASPIAN TECHNOLOGIES PTE LTD. and its wholly owned subsidiaries may retain and use information obtained through your use of the Application in accordance with the terms of the Privacy Policy posted when you download the Application from AppStore and GooglePlay and in the Application.

11. Intellectual Property 

All rights and interests in CASPIAN TECHNOLOGIES PTE LTD, including without limitation patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated with them, are the exclusive property of CASPIAN TECHNOLOGIES PTE LTD and its licensors.

You may not copy, reverse engineer, modify or create derivative works of CASPIAN TECHNOLOGIES PTE LTD's intellectual property in any way or by any means unless you have obtained the prior consent of the copyright holder.

You may not use any name, mark, logo or domain name that is confusingly similar to our marks, logos and domain names on the Internet or elsewhere. You must refrain from any action or inaction that could impair or damage our business reputation.

12. Jurisdiction

All disputes arising out of this agreement shall be resolved in accordance with the laws of the State of Singapore and within its jurisdiction.

The parties shall be entitled to apply to the High Court in Singapore, the District Court, the Magistrates' Court or the Small Claims Court, depending on the scope and nature of the claim, where You and We acknowledge the equivalent of Singapore dollars.

The parties will have recourse to the Singapore International Arbitration Centre (SIAC), involving three arbitrators.

In the event of a copyright dispute, the parties hereto shall apply to the Singapore Copyright Tribunal.

You hereby expressly consent to personal jurisdiction in Singapore and expressly waive any right to object to such jurisdiction or its inconvenience.

Notwithstanding the foregoing, we may bring an action against you under the above clause for damages in any court hearing a third party claim against us.

13. Other applications, platforms and resources when interacting with Spatium

Your use of Spatium may be subject to additional terms and conditions from third parties that regulate the app marketplace from which you downloaded the app, such as Google Play or the App-store. Such third parties are not responsible for providing service and support services with respect to the app.

13.1 Relationship to Apple inc.

The following terms and conditions apply if you have downloaded the application from the Apple App Store. You agree and acknowledge the following:

These terms and conditions are between you and Us and not with Apple Inc. ("Apple"). Apple is not responsible for this app. In the event of a conflict between these Terms and the App Store Terms of Service, the App Store Terms of Service will prevail solely with respect to the conflicting provision.

The license granted to you to use the app is limited to a non-transferable license to use the app on any iOS products you own or control, and subject to the terms of use set forth in the App Store Terms of Service, except that such app may be accessed, purchased, and used by other accounts associated with the purchaser through Family Access.

If any applicable warranty (if any warranty is applicable) is breached, you may notify Apple, and Apple will refund the purchase price of the app (if you have paid). Apple makes no other warranty with respect to the app, and any other claims, losses, liabilities, or expenses arising from failure to meet any warranty will not be Apple's responsibility.

Apple is not responsible for resolving any claim against you or any third party related to the app or use of the app, including

• the subject matter of the claim;

  Any claim that the app does not comply with all applicable laws and regulations;

• Claims arising under consumer protection or similar laws.

If any third party claims that the app or your possession and use of the app infringes such third party's intellectual property rights, Apple will not be responsible for investigating, defending, settling, or enforcing any such infringement claim.

When using the app, you must comply with applicable third-party agreements (for example, you must not violate any wireless data service agreement when using the app).

Apple and its subsidiaries are third party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to apply these Terms to you as a third party beneficiary.

You represent and warrant that:

• you are not located in a country that is embargoed by the U.S. government or that has been designated by the U.S. government as a country that supports terrorism;

• You are not on the U.S. government's list of banned or restricted parties.

Our failure to enforce any provision of these Terms and Conditions shall not constitute a waiver of any of Our rights under this Agreement.

These Terms do not create an agency, partnership, employment or fiduciary relationship between You and Us.

Spatium is not intended to and does not provide any investment or financial advice. With respect to any financial or investment decisions, You are strongly advised to conduct Your own research and due diligence to properly assess the benefits and risks of any investment or financial transaction. You are also strongly advised to seek the advice and guidance of qualified accountants, financial advisors, tax advisors, lawyers and investment advisors in connection with any investment or financial transaction.

All information presented to you on Spatium, including reference material published on Spatium or presented to you in the Reports or in connection with the Services, in no way constitutes a general offer or investment advice, with respect to the investment or purchase of products or services presented on Spatium.

You agree to take full and complete responsibility for your decisions. Spatium does not guarantee the completeness or accuracy of the information provided in the Reports or on the Application, and is not responsible for any errors in actions taken in reliance thereon, including with respect to the release of any funds.

14. Other Terms and Conditions

14.1 No Transfer of Rights Without the Prior Approval of the Rights Holder

You may not assign your rights and obligations under these Terms without our prior written consent. Any attempt or actual designation by you of anyone as the owner of your account without our prior written consent is invalid.

14.2 The Case of a Legal Entity Reorganization

In the event of a merger or acquisition (or other reorganization) of our legal entity, we may, with notice to you and without obtaining your consent, transfer and delegate these Terms, including all of our rights, actions and obligations contained herein, to a third party.

14.3 Availability of the Application and its features

The availability, performance, quality and functionality of Spatium depends on various factors, including software, hardware and communication networks, which are provided by third parties under their responsibility. These factors are not reliable (stable operation). Therefore, malfunctions of these components may occur through no fault of our own, which does not entail any of our responsibility.

14.4 Event of invalidity of one or more terms of this agreement

If any provision of this agreement is found by a competent court to be illegal, invalid or void, that provision will be enforced to the fullest extent permitted by law to reflect, as nearly as possible, the original intent of that provision, and the remaining provisions of this agreement will remain in full force and effect.

14.5 Illustrations and Interpretation of Phrases

The section headings in this Agreement are for convenience only and shall take no part in the interpretation of the terms. All examples and designations are illustrative and not exhaustive.

14.6 Completeness of Agreement.

This Agreement constitutes the entire agreement between You and Us with respect to the subject matter hereof and supersedes all prior and contemporaneous negotiations, oral statements, and other agreements.

14.7 Formality of Response, Request and Arrangements

The official and applicable address to which formal inquiries, questions, instructions and recommendations are addressed and from which official correspondence in connection with this Agreement shall be support@spatium.net or its registered office: CASPIAN TECHNOLOGIES PTE LTD, with its address at 20A Tanjong Pagar Road (088443), Singapore, unless otherwise specified in the Service Agreement for the Application, which provides that all or any of the above may be obtained from another entity.

15. Contacts

You may contact Us with any questions by sending an email to support@spatium.net or on Our Telegram Channel https://t.me/spatiumwallet.

We may also send you informational materials, posters, announcements in one of these ways, and you can unsubscribe from them at the service through which you will receive them.