These conditions of use (the " Conditions") apply to the " Trinity Wallet App", which is available from app stores and provided by the IOTA Foundation Strassburgerstr. 55, 10405 Berlin, as long as and in as far as no other agreements have been reached with the customer (the "user" ).
BY REGISTERING IN THE APP, YOU DECLARE THAT YOU AGREE TO THESE CONDITIONS.
The application (hereinafter referred to as "app" or "Trinity Wallet App" for short) is offered by the IOTA Foundation (hereinafter referred to as "IOTA Foundation" or "we" for short) and enables access to the user's respective E-Wallet.
The Trinity Wallet App is a piece of software. The Trinity Wallet App is not an account whereby the IOTA Foundation or other third parties act as financial intermediaries or safekeepers of the users' cryptocurrencies.
The IOTA Foundation acts, in association with the Trinity Wallet App, as a software provider and is not a crypto-exchange or a place for buying or selling cryptocurrencies, and it is not another form of payment service in terms of § 1 of the German Payment Services Supervision Act. The app solely enables the user to access their respective E-Wallet by mobile telephone or other mobile or desktop device.
Although our software for the Trinity Wallet App has been subjected to a Beta-test and has been further improved using feedback from respected developers, we cannot guarantee that the software is entirely free of errors. You acknowledge that you shall be using this software at your own risk and in compliance with all valid laws. You are responsible for keeping safe your passwords, private key pairs, PINs and other codes you use for access to the software.
We do not have any control over goods and services which are paid for using the app, we do not accept any liability for this, and we are not responsible for the successful completion of business transactions between buyers and sellers. There is a risk, therefore, that you are dealing with minors or persons using a false name.
The IOTA Foundation cannot retrieve your private codes or passwords if you have lost them or forgotten them, and it cannot guarantee a transaction confirmation because the IOTA Foundation does not have any control over the user's respective E-Wallet.
You are not allowed to transfer or surrender any rights or duties from these conditions without prior written permission from the IOTA Foundation. You are not permitted to transfer your Wallet to a third party. The IOTA Foundation reserves the right to transfer or surrender contractual relationships or rights and duties resulting from contractual relationships with you, without your prior permission. This does not affect your right to close the Wallet.
IOTA tokens are a so-called alternative cryptocurrency.
Amendments to these conditions shall be offered to you in text form (e.g. by e-mail) at least 2 months before the suggested time of taking effect. Your agreement counts as given if you do not object before the suggested time of the changes taking effect. If you do not agree to the changes, you can terminate without notice and free of charge before the suggested time of the change taking effect. In the message in which we offer the changes, we will specifically point out once again your right to objection, the deadline and your cancellation option. We will also publish the amended conditions on the Trinity Wallet App website. If we are only introducing a new service or a new function or making changes that do not negatively affect your rights or duties, we are entitled to announce them with a notice period of just one month. The appeal deadline is 3 weeks.
You also declare that you agree to the provision of any updates for the Trinity Wallet App and realise that failure to update can result in a security risk or even loss of your IOTA tokens.
The General Terms and Conditions of Business of the respective app store must be observed in addition to these conditions to procure the app or download it from the respective store (Apple Store/Google Play).
Use of the Trinity Wallet App is restricted to persons over the age of 18.
The Trinity Wallet App must be downloaded and saved to your mobile or desktop device in order to use the Trinity Wallet App.
The Trinity Wallet App may only be used for the purposes agreed herein.
You assure that you have sufficient experience, knowledge and understanding of how our Trinity Wallet App works, that you fully understand the associated risks and that you are using the Trinity Wallet App at your own risk, that you are using our Trinity Wallet App with your own e-mail address and for yourself, and that you are not acting on behalf of and/or in the interests of another person;
You guarantee that you do not use our services or will immediately stop use if the valid law in your country prohibits use;
You guarantee that you will not use our services or will immediately stop use if you are located, or become located at any time, in a state or region where trading with IOTA tokens is prohibited or requires authorisation, special authorisation and/or authorisation of any kind, which the IOTA Foundation and/or you has/have not obtained in this state or region; and
You have not been suspended or removed previously from our services.
As a consumer, you have the right to withdraw your consent to this contract within fourteen days without stating the reasons.
The withdrawal deadline is fourteen days from the day on which you or a third party named by you, who is not the carrier, have or has taken possession of the goods.
In order to exercise your right to withdrawal, you must send us (IOTA Foundation Strassburgerstr. 55, 10405 Berlin, Email email@example.com) an unequivocal statement (e.g. a letter sent by post, fax or email) regarding your decision to withdraw from this contract. For this you may also use the enclosed sample withdrawal form (Annex 1), however this is not mandatory.
In order to comply with the deadline for withdrawal, it is sufficient that you send a statement regarding exercising your right to withdrawal prior to expiry of the withdrawal deadline.
The user is responsible for the safekeeping and use of their password(s) for the Trinity Wallet App. This includes keeping access data secret from third parties. The IOTA Foundation will never ask you to reveal your password.
The user is responsible for the accuracy of payment information saved in the Trinity Wallet App and for keeping it updated. The IOTA Foundation is specifically not obligated to check the user's payment information.
Use of the Trinity Wallet App is generally free of charge. Specifically the transfer of tokens via the Trinity Wallet App is free of charge.
In the event that you download the IOTA Foundation software, such as the Trinity Wallet App, on your computer, your electronic device or another platform, or access it in any other way, the IOTA Foundation shall grant you a revocable, non-exclusive, non-sublicensable, non-transferrable, free and limited licence for personal use of, and access to, the IOTA Foundation software (including all updates, upgrades, new versions and replacement software). You are not permitted to lend or pledge these usage rights or transfer them in any other way to a third party.
Should you fail to comply with the instructions of the IOTA Foundation, you shall be responsible for all damages suffered by yourself, the IOTA Foundation or a third party. The IOTA Foundation can carry out software updates or end the provision of software.
The following are either protected by copyrights or are brands, services or trademarks of the IOTA Foundation or licensers of the IOTA Foundation:
You are not permitted to reproduce, replicate, process, amend, supplement or use them without our prior permission.
However, as a merchant you are entitled to use our logos without our prior permission in order to make Internet users aware of IOTA's range of services.
The IOTA Foundation's liability is limited to the foreseeable damages in case of a violation against fundamental contractual duties; so-called cardinal duties.
Liability claims are excluded if the circumstances justifying a claim are based on abnormal and unforeseeable circumstances which are beyond the control of the party invoking those circumstances and whose consequences could not have been avoided in spite of the exercise of due diligence. The IOTA Foundation shall specifically bear no liability for damage arising from force majeure, riot, war and natural events, or from any other events for which it cannot be held responsible (e.g. strike, lockout, traffic disruptions, orders proclaimed by a supreme authority both in Germany and abroad).
In the event of damages caused by delay in order execution due to system-related failures, interruption and disruption to the telephone network, Internet and other communication systems of Deutsche Telekom AG or another network provider, the IOTA Foundation shall only be liable in the case of its own gross negligence or intent, and only to the extent to which it has been involved in occurrence of the damage.
The IOTA Foundation's liability is limited to intent and gross negligence.
The IOTA Foundation does not accept any liability for transactions, due to a lack of control over transaction processes.
The IOTA Foundation does not accept any liability for the liabilities of users towards other users or third parties, such as due to non-fulfilment of concluded contracts.
The IOTA Foundation does not accept any liability for the loss or misuse of the user's login or access data.
The liability restrictions and liability exclusions contained in this contract also apply to liability for official bodies and/or managerial staff and non-managerial staff as well as for other agents of the IOTA Foundation. They also apply to the personal liability of the above-mentioned persons.
The user is obligated to use the Trinity Wallet App exclusively for legal purposes. The following activities are specifically prohibited in association with use of the Wallet:
A violation against these conditions, or any other agreement you have made with the IOTA Foundation;
A violation against valid law, a contract or a directive (such as against regulations for financial services, money laundering, consumer protection, competition law, protection against discrimination or misleading advertising);
A violation against copyrights, patents, trademarks, trade secrets and other property rights;
Provision of incorrect, inapplicable or misleading data;
Transfer of tokens for which there is a justified reason to suspect that the money originates from fraudulent or other prohibited activities;
Refusal to cooperate in an account review or provide confirmation of your identity or provide other details which we are required by law to request from you;
Concealing your identity such as by using a proxy server or by using a post box as an address for the purpose of carrying out illegal, fraudulent, or other prohibited activities;
Management of a Wallet associated with another Wallet involved with prohibited activities;
Conducting your business or using the IOTA Foundation's services in such a way that it leads to, or could lead to complaints, conflicts, applications for consumer protection, return debits, credit card back transfers, fees, contract penalties, fines or other liability by the IOTA Foundation, a user, a third party or yourself;
Use of the Wallet in a country in which trading in IOTA tokens is forbidden;
Enabling (including attempting to enable) the penetration of viruses, Trojans, malware, worms or other program processes that damage, disrupt, misuse, impair, secretly intercept, destroy or disable (operating) systems, data or information, or granting unauthorised access to systems, data, information or the IOTA Foundation's services;
Use of an automatic device (e.g. robot or spider) or a mechanical or manual method for monitoring or replicating the IOTA Foundation or Trinity Wallet App website(s) without our prior written permission.
To the extent permitted by law, the place of jurisdiction regarding all legal disputes is Berlin. This applies to merchants, legal entities under public law, special funds under public law and persons without a general court of jurisdiction in the Federal Republic of Germany.
The IOTA Foundation provides the following service numbers and email addresses to users to contact the IOTA Foundation in individual cases:
Phone: +49 30 549 091 35; Email: firstname.lastname@example.org
These conditions as well as all disputes or legal issues resulting from operation or use of the Trinity Wallet App are subject to German law.
Should individual clauses of this contract be or become ineffective or infeasible, then this shall not affect the effectiveness and feasibility of the remaining clauses. The ineffective clause shall be replaced by a clause that comes as close as possible to the original intention of the contract parties.
The IOTA Foundation is entitled to adapt the conditions at any time.
Withdrawal information for consumers, sample withdrawal form (if you want to withdraw your consent to this contract, please complete the following form and send it to us within 14 days of downloading the Trinity Wallet App).
To IOTA Foundation c/o Nextland, Strassburgerstr. 55, 10405 Berlin.
I/we hereby withdraw the contract concluded by me/us on delivery of the Trinity Wallet App.
Ordered on / received on:
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer, spouse of the consumer if applicable: