Terms of Use for Tangem notes (cards)

Terms of Use for Tangem notes (cards)

 
PLEASE READ THESE TERMS OF USE CAREFULLY. BY CLICKING TO ACCEPT, OR BY ACCESSING OR USING OUR SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN.
 
1. DEFINITIONS
Cardholder” means a person who owns Tangem Cards.
Blockchain Asset” means a digital data stored in and protected by blockchain network, including but not limited to: ownership right and value of cryptocurrency, tokenized assets, non-fungible asset.
Card Transaction” means loading or withdrawal of Blockchain Asset to/from the Card.
Official Mobile Application” means an application for NFC-capable smartphones and tablets using Google Android and Apple iOS operation systems.
Merchant” means a person or company accepting payment for goods or services in cryptocurrency.
PIN” means a secret code that is requested by the Card to authorize Cardholder; PIN can be permanently disabled at discretion of Reseller.
Private Key” a secret cryptographic key which provides full control over a Blockchain Asset.
Producer” means Tangem AG.
Public Key” means a cryptographic key, which provides access to an information about a Blockchain Asset.
Reseller” means a company that sells Tangem Cards.
Services” means use of the Tangem Card and the services or any other features, technologies or functionalities linked to the Card provided or operated by Tangem via website or local mobile applications.
Tangem Card / Card” means a storage of Private Key and Public Key.
 
2. RIGHTS AND OBLIGATIONS
2.1 These Terms of Use (the “Terms”) govern the sale of Tangem Cards and the services or any other features, technologies or functionalities linked to the Card provided by Tangem AG, referred to as “Tangem”, “we” or “us” in this document to authorized and independent resellers (the “Reseller”) of Tangem. Tangem is a company incorporated under the laws of Switzerland, with registered address at Baarerstrasse 10, 6300 Zug, Switzerland.
2.2 Tangem Cards may be used as a hardware wallet for Cardholder’s Blockchain Assets and for purchases of eligible goods or services at a Merchant’s website, physical location, or certain of its affiliated websites.
 
3. GENERAL PROVISIONS
3.1 The Cardholder agrees that these Terms of Use are binding.
3.2 Upon acceptance of the application for a Tangem Card by the Reseller, the Cardholder will receive the card applied for and shall create a PIN code for the Card.
3.3 The Cardholder shall be the only person having physical access to the Card and having knowledge of the secret PIN code (if enabled).
3.4 Producer does not provide backup or recovery of Private Key and Public Key stored by the Card.
3.5 Producer does not keep records of Cardholder’s personal data, the amount of Blockchain Asset stored on the Card, the Private Key, or the history of Card usage.
 
4. COSTS
4.1 Costs, fees and commission (the “Costs”) may be charged in connection with the Card and its use. These Costs are disclosed together with the Card to the Cardholder.
4.2 The Reseller may pass on third party costs and expenses incurred by the Cardholder. Amendments to Costs due to changing expenses or market conditions may be made at any time via adjustments to the fee schedules. Such amendments shall be communicated to the Cardholder in an appropriate manner. Upon notification and in the event of objection, the Cardholder may cancel the Card with immediate effect.
 
5. CARDHOLDER’S DUTIES OF CARE
In particular, the Cardholder shall exercise the following duties of care:
a) The Cardholder shall keep the means of access and the Card with care and separate from each other.
b) The Card and the means of access shall not be sent, passed on or made accessible to third parties in any other way (e.g. by concealing the PIN code when entering it). Means of access shall not be noted on the Card or saved electronically without encryption, not even in altered form, and shall not be easily ascertainable, e.g. no telephone numbers, dates of birth, car license number etc. If there is reason to assume that another person is aware of the means of authorization, the Cardholder shall change them immediately. After the PIN is enabled, Cardholder shall memorize it and destroy all carriers containing the printed PIN.
c) The Cardholder must always know where the Card is and regularly ensure that it is still in his/her possession. He/she shall avoid even temporary possession of the Card by any other person.
d) The Cardholder shall treat the Card in the same manner as physical money (cash) and keep it safe. If the Card is lost, stolen or destroyed, control over the corresponding Blockchain Asset will be permanently lost.
e) A single Card shall never store a Private Key to Blockchain Asset that has a value of more than the equivalent of USD 500.00 (in words: five hundred United States dollars).
f) The Card shall only be used with Official Mobile Applications as defined by the Reseller.
g) Cardholder shall only use Near-Field Devices (the “NFC”) devices that are capable of running Official Mobile Applications. He/she shall avoid leaving the Card in proximity of the NFC devices of other persons.
h) Card shall be used only for physically tapping and holding near Cardholder’s NFC device when Official Mobile Application requests it.
i) Cardholder shall keep the Card with care and protect the Card from mechanical damage, high
temperatures, strong electromagnetic fields and other harmful factors.
 
6. RIGHTS AND RESPONSIBILITIES OF CARDHOLDER
6.1 The Cardholder is liable for all liabilities arising from the use of the Tangem Card. Any disputes in relation to discrepancies and complaints about goods or services and any resulting claims must be settled directly by the Cardholder with the respective Merchant.
6.2 As a matter of principle, the Cardholder is liable for any risks resulting from misuse of the Card. In any case, the Cardholder is liable for all transactions authorized using a means of access.
6.3 Any loss or damage resulting from the forwarding of the Tangem Card and / or means of access shall be borne by the Cardholder.
6.4 Loss or damage incurred by the Cardholder in connection with the possession or use of the Card shall be borne solely by the Cardholder. Producer assumes no liability if a Merchant refuses to accept the Card as a means of payment or if the Card cannot be used due to a technical defect or because it has been cancelled, blocked or the spending limit has been adjusted.
 
7. RESPONSIBILITIES AND LIABILITIES OF PRODUCER
7.1 Producer does not warrant or make any representations regarding the use, the inability to use or operate, or the results of the use or operation of the Tangem Card.
7.2 Producer does not provide any backup or recovery of Private Key and Public Key stored on the Card.
7.3 Producer does not keep any records of Cardholder information, the amount of Blockchain Asset stored on the Card, the Private Key, the Public Key or the history of Card usage.
7.4 Producer shall not be held liable for any failure to be able to use the Card, for any reason whatsoever, nor will Producer be held liable for the loss of the Blockchain Asset resulting from a malfunction, inoperability of the whole blockchain network hosting Blockchain Asset or the inaccessibility of its public servers.
7.5 Producer shall not be held liable for the loss of profits, income, value or any indirect, extraordinary, consequential, exemplary or punitive damages.
7.6 Producer shall not be held liable for loss or breakdown of the Card due to the fault of the Cardholder.
7.7 Producer shall not be held liable for any loss of Blockchain Asset in the event of loss or total
breakdown of the Card.
7.8 Producer shall not, in any case, be held liable for any Blockchain Asset in the amount of more than USD 500.00 or the equivalent.
7.9. Producer shall not be held liable for loss of Blockchain Asset until there is conclusive evidence:
(i) that the Card’s breakdown was caused by the fault of the Producer of the Card and is a
guarantee event as in Clause 8 of these Terms of Use;
(ii) of the amount of Blockchain Asset over which control has been lost due to the breakdown of
the Card.
In the absence of the two above-mentioned instances, the Reseller and the Producer are not liable to pay any compensation for damages to the Cardholder.
 
8. GUARANTEES
8.1 Producer guarantees that the Card will function properly and without restriction for a period of 2 (two) years. In the event of a breakdown of the Card without it being the fault of the Cardholder due to reasons mentioned in Clause 6 of these Terms of Use, Producer will replace the Card with a new one.
8.2 Producer guarantees that the Card prevents duplication of the Private Key and that the Cardholder has exclusive control over a corresponding Blockchain Asset unless the contrary is imposed by specific blockchain network rules, e.g. two or more private keys can be used to control the same Blockchain Asset.
 
9. LIMITATION OF LIABILITY
9.1 The Tangem Card, including without limitation any content, data and information related thereto, is provide on an “as is” basis and “as available” basis, without any warranties of any kind, express or implied warranties of use, merchantability or suitability for a certain purpose or use, including without limitation, the quality of products and services provided by users, third party services, Merchants and/or exchanges (except for the guarantees set forth in Clause 8).
9.2 Tangem and its affiliates, including any of their officers, directors, shareholders, employees, sub-contractors, agents, parent companies, subsidiaries and other affiliates (collectively, the “Tangem Affiliates”), jointly and severally, disclaim and make no representations or warranties as to the usability, accuracy, quality, availability, reliability, suitability, completeness, truthfulness, usefulness or effectiveness of any content, data, results or other information obtained or generated by Tangem and/or any user related to you or any other user of the Tangem Card.
9.3 In no event shall Tangem and/or any of the Tangem Affiliates be liable for any damages
whatsoever, including direct, indirect, extraordinary, incidental or consequential damages of any kind resulting from or arising out of the use of the Tangem Card or inability to use the Card, failure of the Card to perform as represented or expected, loss of goodwill or profits. The performance or failure of the Tangem Card to perform under these Terms of Use and any other act or omission by Tangem by any cause whatsoever including without limitation damages arising from the conduct of any users, Merchants, third party services and/or exchanges.
9.4 You may bring no action for any breach of these Terms of Use more than three (3) months after the accrual of such cause of action.
9.5 You hereby acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for using the Tangem Card and such limitations will apply notwithstanding the failure of essential purpose of any limited remedy, and even if Tangem and/or any Tangem Affiliates has been advised of the possibility of such liabilities and/or damages.
 
10. SEVERABILITY
10.1 In the event any court shall declare any section or sections of this Agreement invalid or void, such declaration shall not invalidate the entire Agreement and all other paragraphs of the Agreement shall remain in full force and effect.
 
11. ARBITRATION AND GOVERNING LAW
11.1 These Terms of Use are governed exclusively by the laws of Switzerland, without regard to its
conflict of law rules. You consent to the exclusive jurisdiction of the court of Zurich, Switzerland for any dispute arising under this Agreement.
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