TERMS & CONDITIONS

Data: June 24, 2024

LAST UPDATED: March 19, 2024

The following Terms&Conditions applies to Users of the Mobile Application Spatium Feeless Bitcoin Wallet (the “Mobile Application”). Users and any person intending to use the Mobile Application should read the entire Terms&Conditions carefully before using the Mobile Application.

This is a Terms&Conditions ("Agreement" or “Terms”) between You (“User,” or “You”) and CASPIAN TECHNOLOGIES PTE LTD (Singapore) (“We,” “Us,”, “Our” and “Company”) and this Terms governs Your use of the Mobile Application.

By registering in the Mobile Application, You agree that You have read, understand, and accept all of the terms and conditions contained in this Terms including Our Privacy Policy .

YOU ALSO DECLARE THAT YOU ARE OF SUFFICIENT LEGAL AGE AND CAPACITY TO USE THE MOBILE APPLICATION, YOU DO NOT RESIDE IN ANY JURISDICTION THAT EXPLICITLY PROHIBITS THE USE OF THE MOBILE APPLICATION OR ITS FUNCTIONALITY, YOU USE THE MOBILE APPLICATION AT YOUR DISCRETION AND UNDER YOUR OWN RESPONSIBILITY.

IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT ACCESS OR USE THE MOBILE APPLICATION.

• The Mobile Application is neither a trading platform nor it intended to be as, and it does not provide any advice whatsoever.

• The Mobile Application does not provide financial, investment, legal, tax or any other professional advice.
  

  • The Company is not a broker, financial advisor, investment advisor, portfolio manager or tax advisor.

  • You acknowledge and agree that the Company is not responsible for Your use of any information that You obtain through the Mobile Application.

  • Your decisions made in reliance on the products or services or Your interpretations of the data are Your own for which You have full responsibility. You expressly agree to use the Mobile Application, including services contains therein at Your sole risk.

  • As with any asset, the value of Digital assets can increase or decrease and there can be a substantial risk that You lose money buying, selling, holding, or investing in Digital assets. You should consult Your financial advisor, legal or tax professional regarding Your specific situation and financial condition and carefully consider whether trading or holding Digital assets is suitable for You.

• You agree to be held completely and fully responsible for Your decisions, information You provide and any actions.

• No waiver, concession, extension, representation, alteration, addition or derogation from these Agreement by us, or pursuant to these Agreement, will be effective unless consented to explicitly and executed in writing by Our authorized representative. Failure on Our part to demand performance of any provision in these Agreement shall not constitute a waiver of any of Our rights under these Agreement.

• You should regularly review this Terms for updates. We may revise this Agreement in completely or in part, at any time. Your continued use of the Mobile Application after the effective date of the amended Terms constitutes Your consent to the amended Terms.

• The Company makes no warranties or representations, express or implied, about the third-party services and sponsored services and We are not responsible for their availability, operation, support or legitimacy.

• We do not store files with the Your part of the private key on Our side. Please keep this in mind that if You delete a QR-code generated by the App (if You have chosen the QR code backup option) or a file (folder) in Your Apple iCloud or Google Drive (if You have chosen Cloud backup option) with the name "DO NOT DELETE SPATIUM BACKUP", you risk losing access to your account (wallet) and, accordingly, the digital assets on it.
  

The Mobile Application allows You to use tools to improve Your experience in relation to Digital assets (tokens), including giving access to services provided by the Company and third parties that may include:

• receiving, sending Digital assets (tokens) to other recipients;

• buying, swapping and selling Digital assets (tokens) via the WalletConnect (provided that the User is connected);
  

  Please, take into account that WalletConnect is an open protocol and all interaction with it (as a decentralised application) is done outside the Mobile Application. All interaction with WalletConnect is at Your own risk. We are not responsible for any unfavourable consequences that may arise from such interactions.
  

  You understand and agree that all interactions with WalletConnect occur outside of the Mobile Application, and as such, We do not assume any responsibility or provide any guarantees regarding the use of WalletConnect;
  

• having a list of cryptocurrencies provided in the Mobile Application itself;

• using “feeless” function that allows Users to pay the blockchain fee in any tokens (digital currency), which means there is no need for Users to possess native token (coin) to pay blockchain fee for sending transaction (a fee may be charged for the ability to use feeless protocol functions);

• receiving Stars loyalty points and use them to pay off blockchain fees (We will later provide more information about Stars loyalty points and how to use them).

It shall be understood that neither the Company, its affiliates nor the Mobile Application itself manages or has access to the User's Digital Assets (tokens). Using Secure Multi-Party Computation (MPC), we create two parts that can be used together to perform the functionality of a “private key”. One part will be stored on User’s device and the second one will be stored on Our servers. Without User’s part of a private key, we have no access to manage the assets in wallet in any way which allows us to qualify our Mobile Application as non-custodial wallet.

As we mentioned earlier, the Mobile Application does not provide advices in connection with the services and/or Digital assets (tokens), not selling and/or buying Digital Assets, not receiving and/or sending assets to other recipients, not issuing cryptocurrencies.

The Mobile Application may provide information on the offered price, range, and volatility of the Digital Assets that are offered via the Mobile Application. However, this must not be considered as investment advice but as information or a personal opinion from which no rights can be derived.

In order to use the Mobile Application for its intended purpose, you must undergo a simple registration procedure using your e-mail address.

Once again, we recommend to familiarise yourself with the Privacy Policy regarding your personal data before undergoing registration.

Afterwards, to be able to use the Mobile Application functionality mentioned above you need to go through the backup procedure to create a private key. It is available to make a backup using (i) Google Drive, (ii) iCloud, and also (iii) by generating a QR code. We do not impose any particular method on you. Which method you choose depends entirely on your preferences.

Using a device running the IOS operating system You can perform a backup in any of the proposed ways (iCloud, Google Drive, QR-code), including a backup in all three ways.

Using an Android device, You can perform a backup using Google Drive and/or QR-code.

When You backup by generating a QR code, the image with the QR code (in which the user part of the private key is encrypted) will be saved to Your device's gallery.

In the case of a backup using cloud storage services (Google Drive and (or) iCloud), a folder named "DO NOT DELETE SPATIUM BACKUP" will be uploaded to your storage space. The folder contains two files, one of which contains a warning against deleting the folder, and the other is the User's encrypted portion of the private key.

With a backup, you can also restore access to your wallet account at any time from any device.

The User undertakes not to transfer or otherwise alienate access to the wallet in the Mobile Application to any third parties.

YOU ARE SOLELY RESPONSIBLE FOR THE SECURITY OF THE FILES CONTAINING THE PRIVATE KEY, INCLUDING PREVENTING THIRD PARTIES FROM ACCESSING THEM. IF IT(S) IS (ARE) DELETED, DESTROYED OR LOST, WE WILL NOT BE ABLE TO RESTORE YOUR ACCESS TO YOUR WALLET IN THE MOBILE APPLICATION AND YOU RISK LOSING YOUR DIGITAL ASSETS. WE CAN RECOMMEND THAT YOU CHECK FOR THESE FILES YOURSELF FROM TIME TO TIME. WE DO NOT ACCEPT ANY RESPONSIBILITY FOR YOUR PRIVATE KEY.

Installing, accessing and using the Mobile Application is free of charge to You. We do not charge You for any services when You use the Mobile Application, >except for the Feeless function.

IF A USER SENDS A BLOCKCHAIN FEE THAT IS NOT IN A NATIVE TOKEN (COIN) USING THE FEELESS PROTOCOL IN THE MOBILE APPLICATION, OUR COMMISSION WILL BE CHARGED, THE AMOUNT OF WHICH WILL BE NOTIFIED TO THE USER IN ADVANCE.

Using the Feeless protocol, Users can pay blockchain fees in any token (digital currency), which means that Users do not need to own native tokens (coins) to pay blockchain fees for sending transactions.

If any funds are charged to You, they will only be charged by third-party services and not by Us, if you have not used the Feeless protocol functionality. Fees may be charged by third party services such as (but not limited to) exchanges when You use the Mobile 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.

We ask You to be careful and refrain from making decisions related to the purchase and (or) transfer of Digital assets, fees that You doubt or believe You do not have sufficient information.

We are not responsible for such fees and (or) Digital assets, which are strictly within Your contractual relations with the relevant third-party. We will not be liable for mistakes, errors, malfunctions or miscalculations that You or third-party processors might make in the course of a transaction.

Any third-party content, data, information, or publications made available through the Mobile Application are furnished by us on an as-is basis for Your convenience and information. Any opinions, advice, statements, services, offers, or other information made available by third parties are those of the respective author(s) or publisher(s) etc, and not of the Company. WE DISCLAIMS ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE INFORMATION IN SUCH PUBLICATIONS IS ACCURATE OR COMPLETE.

The Mobile Application may display, link to, and (or) otherwise allow You to view, access, or interact with, services (resources) from third parties and other sources which are not controlled by the Company, and the Mobile Application is not responsible for the contents of any such Third Party Platforms or any link contained in such Third Party Platform even if they are contain information related to the Application or use intellectual property belongs to the Company or its affiliates.

The Mobile Application also enables You to communicate with the third-party providers. For example, the Mobile Application may display links to, or otherwise contain embedded links to websites that distribute information about the Mobile Application or related to Our business activity. Links to Third Party Platforms are provided for Your convenience, and the inclusion of such links does not imply a recommendation or endorsement by us of any such Third Party Platform or the products or services or information offered therein. If You decide to access any Third Party Platform information linked to the Mobile Application, You do so entirely at Your own risk.

The display or communication to You of such services (resources) does not (and shall not be construed to) in any way imply, suggest, or constitute any sponsorship, endorsement, or approval by the Company of such content or providers, and nor any affiliation between the Company and such provider.

The Company does not assume any responsibility or liability for third party services (resources), or any third-party provider's terms of use, privacy policies, actions, omissions, or practices. Please read the respective terms of use and privacy policies of any provider that You interact with before You engage in any such activity.

The owner of the Mobile Application is based in the Singapore. We make no claims that the Mobile Application or any of its content is accessible or appropriate outside of the Singapore. Access to the Mobile Application may not be legal for certain persons or in certain countries. If You access the Mobile Application from outside the Singapore, You do so on Your own initiative and are responsible for compliance with local laws.

Provided by the Company:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR WARRANTIES EXPRESSLY SET FORTH HEREIN, THE COMPANY MAKES NO OTHER EXPRESS, IMPLIED OR OTHER WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, WARRANTIES AS TO QUALITY OF SERVICE, FITNESS FOR ANY PARTICULAR PURPOSE AND NON INFRINGEMENT.

THE MOBILE APPLICATION 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, NON INFRINGEMENT, BRAND, COMPATIBILITY, PERFORMANCE, SECURITY, ACCURACY, GOODWILL OR ANTICIPATED BENEFITS.

WE DO NOT GUARANTEE THAT:

• THE MOBILE APPLICATION WILL RUN SMOOTHLY WITHOUT ERRORS OR WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;

• THE MOBILE APPLICATION WILL BE FREE OF MALWARE, VIRUSES OR OTHER HARMFUL COMPONENTS;
  

• THE QUALITY OF THE MOBILE APPLICATION AND THE INFORMATION CONTAINED THEREIN WILL MEET YOUR EXPECTATIONS;

• THE CONTENT OF THE INFORMATION PROVIDED IN THE MOBILE APPLICATION WILL BE USEFUL OR RELIABLE;

• THE RESULTS OF USING THE MOBILE 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 BOT 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.

Provided by You:

BY STARTING TO USE THE MOBILE APPLICATION YOU EXPRESSLY REPRESENT AND WARRANT THAT:

• YOU HAVE ACCEPTED THIS AGREEMENT;

• YOU ARE AT LEAST 18 YEARS OF AGE (OR THE AGE OF MAJORITY IN YOUR COUNTRY OF RESIDENCE AND NOT YOUNGER THAN AGE 18);
  

• YOU ARE OF SOUND MIND AND CAPABLE OF TAKING RESPONSIBILITY FOR YOUR OWN ACTIONS, AND HAVE THE FULL LEGAL CAPACITY TO ACCEPT THIS AGREEMENT;

• ALL INFORMATION AND DETAILS THAT YOU SUBMIT TO US ARE TRUE, CURRENT, COMPLETE AND NOT MISLEADING;

• YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS REGARDING USE OF THE MOBILE APPLICATION;

• YOU ASSUME ALL RISKS IN CONNECTION WITH YOUR ACCESS AND USE OF THE WEBSITE, AVAILABLE DEMO PRODUCT PAGES AND YOUR INTERACTION THEREWITH.
  

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 BOT FOR ANY INDIRECT, SPECIAL, PUNITIVE DAMAGES, STATUTORY, CONTRACTUAL OR OTHERWISE, OR VENUS ONLY, ARISING FROM OR IN CONNECTION WITH THE CONTENT, FEES, USEE, 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 WEBSITE, DEMO PAGES;
  

THE COMPANY WILL NOT BE LIABLE OR OBLIGATED IN RESPECT OF DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR FOR ISSUES RELATED TO HOSTING PROVIDERS OR PUBLIC NETWORKS.

THE COMBINED AGGREGATE LIABILITY OF THE COMPANY AND ALL AFFILIATES UNDER, OR OTHERWISE IN CONNECTION WITH, THIS AGREEMENT SHALL NOT EXCEED TEN US DOLLARS (US$ 10).

To the extent permitted by applicable law, You agree to indemnify, hold harmless, and defend the Company 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 the Company or any of its officers, directors, employees, agents or affiliates, entities servicing the Mobile Application or in connection with:

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

• Your use of the Mobile Application;
  

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

• Any representations or warranties You have made to third parties regarding any aspect of the Mobile Application;

• Any claims filed by or on behalf of third parties directly or indirectly relating to Your use of the Mobile Application;

• Any breaches by You of Your confidentiality obligations to third parties;

• Any claims against acts or omissions of third parties relating to the Mobile Application.

The Company or an authorized entity maintaining the Mobile 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.

We respect Your privacy. The Company and its wholly owned subsidiaries may retain and use information obtained through Your use of the Mobile Application in accordance with the terms of the Privacy Policy. We encourage You to read it carefully.

You acknowledge that the Privacy Policy is an integral part of these Agreement, and by using the Mobile Application, You also agree that You have read, understood, and accepted the terms of the Privacy Policy.

Regardless of Your place of residence or where You access or use the Mobile Application from, this Agreement and Your use of the Mobile Application will be governed by and construed solely in accordance with the laws of the Singapore.

All matters relating to the Bot and these Terms and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the laws of Singapore without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms or the Mobile Application shall be instituted exclusively in the national courts, located in Singapore. You waive any and all objections or defenses of personal or other jurisdiction over You by such courts and to venue in such courts.

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

• if You have requested it by contacting at  info@spatium.net;

• a breach of the terms of the Agreement by one of the parties to the Agreement;
  

• a statute or other official order of an authorized agency.
  

Violation of the conditions set forth below may also result in civil liability under applicable law.

Upon termination of this Agreement, We will cease to provide services and You will cease to have access to the Mobile 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 Mobile Application (if any) or any other fees. No data from Your prior reports will ever be available to You.

This Terms represents the entire agreement between You and the Company with respect to the subject matter hereof, and supersedes and replaces any and all prior and contemporaneous oral and/or written agreements, understandings and statements between You and the Company with respect to such subject matter. You acknowledge and agree that in entering into this Agreement You have not relied on any statement or representation (whether negligently or innocently made) not expressly set out in this Agreement, such as statements and explanations in resources, summaries or marketing material on the Mobile Application.

You may not assign Your rights and delegate any of Your obligations under this Agreement without Our prior written consent. 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 this Agreement, including all of Our rights, actions and obligations contained herein, to a third party.

The language of this Agreement is expressly agreed to be the English language. You hereby irrevocably waive, to the maximum extent legally permitted, any applicable law to You requiring that the Agreement be localized to meet Your language (as well as any other localization requirements), or requiring an original (non-electronic) signature or delivery or retention of non-electronic records. We may be able (but are not obligated) to provide You with copies of this Agreement on written request; however, please be sure to print a copy of this Agreement for Your own records. You consent to receive communications from us electronically. Although We may choose to provide You notice under this Agreement by postal mail, We may also choose to provide notice by email. By providing Your email address You authorize us to contact You by email.

If You send us any suggestions, feedback, or similar ideas for or about the Bot You agree that: (a) the suggestions, feedback does not contain confidential or proprietary information belonging to You or any third party; (b) there is no obligation for us to review Your suggestions, feedback; and (c) We have no obligation to keep the suggestions, feedback confidential.

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. If You do not agree to the changed terms of use of the Mobile Application, You must stop using the Mobile Application and the service as well as the right to use the Mobile Application will be terminated for You.

The relationship of the parties is solely that of independent contractors. Nothing in this Agreement shall be deemed to create any employment, fiduciary, joint venture, agency or other relationship between the parties.

Neither party shall be responsible for any failure to perform any obligation hereunder because of any (a) act of God, fire, flood, earthquake, explosion, or pandemic or epidemic (or similar regional health crisis); (b) strikes, lockouts, picketing, concerted labor action, or other labor or industrial disturbances; (c) invasion, war (declared or undeclared), terrorism, riot, insurrection, or civil commotion; (d) war (declared or undeclared), terrorism, riot or civil commotion; and/or (d) other similar cause beyond that party's reasonable control.

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.

If You have:

• any questions or concerns regarding this Terms;

• information that Your child is using the Mobile Application;

• complaint, please contact us at info@spatium.net

Our specialists will consider your request and you will certainly receive feedback from Us.

Company: CASPIAN TECHNOLOGIES PTE LTD (Singapore)

Reg. No: 201727936

Address: 20A Tanjong Pagar Road (088443), Singapore