Service Agreement
Last Updated: March 16, 2021

Introduction welcome to the Tizer Service Agreement ("Agreement", "Terms"). Please read these Terms carefully before using the Software, the Website, the Services, and the information and content available therein ("Service", "Services") to users ("Users", "You") by TizerWallet OÜ, its affiliates and subsidiaries ("Tizer", "We", "Us", "Our"). These Terms apply to everybody who accesses or uses the Service (even if you are using our Services on behalf of a company). By accessing or using the Service you agree to be bound by these Terms, Privacy Policy and all applicable laws and regulations, whether local or international. If you disagree with any part of these Terms you shouldn't and aren't permitted to use any of our Services. If you wish to terminate this Agreement, at any time you Service Eligibility to use the Services, you agree that you are an individual, at least 18 years of age or older, and you are familiar with the nature and workings of the technology behind digital cryptocurrency, and particularly the irreversibility of transactions and the apparent risks associated with exposure to digital cryptocurrencies. Your Account Creating your own User Account may require you to use multiple methods of authentication or verification. You agree and understand that you are solely responsible for managing and maintaining the security of any information relating to your login credentials and agree that Tizer will not be held responsible (and you will not hold us responsible) for any unauthorized access to the Services or any resulting harm you may suffer. Your access to one or more Tizer Services may be contingent upon successful completion of onboarding processes, which includes verification of your identity and source of funds, and additional information that we may request from time to time. The information we request may include, without limitation, personally identifiable information such as name, address, telephone number, date of birth, taxpayer identification or social security number, official government-issued photo identification, and bank account information. In providing this information to us you represent that it is accurate and agree to update your User Account information promptly, but in no event later than 30 days following any change in your User Account information. Failure to provide this information or update it promptly may result in certain Tizer Services being unavailable to you. Use of ServicesBy using our Services, you agree that you are responsible for compliance with and that you are compliant with all applicable laws and regulations. The following terms define the acceptable use of our Services and the content available therein. Violation of these Terms is strictly prohibited and will terminate use of our Services. We may temporarily or permanently suspend the use of or revoke your account, if we believe you have used our Services other than specifically authorized in this Agreement, or demonstrated behavior, that raises suspicion of criminal activity. By using Tizer Services, you warrant that:
  • You will not violate any laws when using our Services, including any local or international laws that may apply to you, and only use our Services if permitted under the laws of your jurisdiction;
  • You comply and never break these Terms or any other applicable guidelines and instructions that we may convey with respect to Tizer;
  • You will use our Services at your sole option, discretion and risk;
  • You have not previously been terminated from using our Services;
  • You will not interfere, burden or disrupt the functionality of our Services, including circumventing or manipulating the operation of Tizer, attempting to access any service or area of our Services that you are not authorized to access, or introducing to the Services any virus, Trojan, worms, logic bombs or other harmful material;
  • You will not attempt to breach the security of Tizer or publicly identifying any security vulnerabilities in it;
  • You will not reverse engineer, decompile or otherwise disassemble our Services;
  • You will not use our Services to pay for, support, or otherwise engage in any illegal activities including, but not limited to, illegal gambling, fraud, money laundering, or terrorist activities;
  • You will not use or attempt to use another user's Wallet without authorization, or transfer your account on Tizer to another person;
  • You will not use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services;
  • You will not link to Tizer from resources that contain pornographic content or content that encourages racism or wrongful discrimination;
  • You will not send machine generated queries and not use robots, spider, crawlers or other automated means or interface not provided by us, to access our Services or to extract data from Tizer;
  • You will not embed any content from Tizer, manually or by software, feature, gadget or communication protocol, which alters the original content or its design;
  • You will not impersonate any person or entity, or make any false statement pertaining to your identity or affiliation with any person or entity;
  • You will not encourage or induce any other person to engage in any of the activities prohibited under this Section;
  • You will not develop any third-party applications that interact with our Services without our prior written consent;
  • You will not collect and process personal information regarding Tizer's users, without their prior explicit consent.
Changes and Updates We may, at any time and without prior notice modify the layout, design, features and availability of Tizer Services, including removing of User content, if required for operational reasons. Our Services are continuously evolving and you may be required to accept or install updates to the Services, or update third party software in order to keep using our Services or access the latest features. We may update our Services at any time, without prior notice. The availability and functionality of Tizer depend on various factors, including software, hardware and networks, which are provided by third parties, at their responsibility. These factors are not fault-free. You further agree, that we may modify this Agreement, our Privacy Policy and our Cookies Policies from time to time. If we make material changes to it, we will provide you notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive. If you object to any changes, you may close your account. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms. Intellectual PropertyAll rights, title, and interest in and to the Tizer, including without limitation, patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights and any goodwill associated therewith, are the exclusive property of Tizer and its licensors. Our Services and content are protected worldwide by copyright laws. You may not sell, copy, reverse engineer, remove, modify any code or use any of our content, as part of any other software or project of any kind. You may not use any name, mark, logo or domain name that is confusingly similar to our marks, logos and Internet domain names. You must refrain from any action or omission that may dilute or damage our goodwill. You accept and acknowledge that the material and content contained through our Services is made available for your personal, lawful, non-commercial use only and that you may only use such material and content for the purpose of using the Services. Communications by entering into this Agreement, you understand and agree that any and all communications from Tizer may be provided to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us when creating your User Account (electronic mail address, phone number etc.). You agree and acknowledge that Tizer shall not be responsible for any harm you may suffer as a result of your failure to receive any notice provided to you in connection with this Agreement your use of Services so long as such notice is provided to the email address associated with your User Account. You agree to keep your contact information up to date. Please review your settings to control and limit messages you receive from Us. Third Party Services and Content our Services may link, incorporate, or provide direct access to third-party services ("Third Party") without leaving our website or Services. Third-party Platforms may provide you different services applicable to your crypto and digital assets, such as purchasing crypto with fiat currency, or locking your funds (or part of them) into an interest bearing smart contract. You agree and understand that we are not responsible for Third-party Content including, without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable in your jurisdiction. Your dealings or correspondence with such Third Parties are solely between you and the Third Party. You further acknowledge that the following terms apply to services provided by third-party Platforms:
  • Use of these third-party platforms is governed by their respective terms of service, not by these Terms. You bear the sole and exclusive responsibility for accepting and complying with those other terms of service;
  • The responsibilities, obligations and liabilities of third-party platforms are as indicated in their respective terms of service. We advise you to examine the terms and conditions and privacy policy of any Third Party;
  • Tizer shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third Party content, goods or services available on or through any such websites or services.
We advise you to never share any credentials, private keys, or other sensitive information with any Third Party without validating their legitimacy. We reserve the right to terminate or suspend access or availability to any third-party services immediately, without prior notice or liability, for any reason whatsoever. Tizer may, from time to time, respond to requests from law enforcement, regulators and policymakers by producing certain information about or relating to your use of the Services. You agree and understand that, depending on the Services used by you, Tizer reserves the right, in our sole discretion, to create and maintain certain records of your activity and communications relating to your User Account.
Accuracy of Information We will use reasonable efforts to verify the accuracy of any information displayed, supplied, passing through or originating from the Services, but such information may not always be accurate or current. Accordingly, you should independently verify all information before relying on it, and any decisions or actions taken based upon such information are your sole responsibility. You agree and understand that we make no representation or warranty of any kind, express or implied, statutory or otherwise, regarding the contents of the Services, information and functions made accessible through the Services, any hyperlinks to third party websites, or the security associated with the transmission of information through the Services, or any website linked to the Services. Limit of Liability no event shall Tizer, its affiliates and Service providers, or any of their respective officers, directors, agents, employees or representatives be liable to you under warranty, contract, tort, strict liability, negligence, or any other legal or equitable theory, for any indirect, direct, incidental, special, compensatory, consequential or punitive damages of any kind whatsoever, including but not limited to, any loss of profits, revenue, use, goodwill, business, data, cost of procurement of substitute goods or services, or any other intangible losses arising out of or in connection with the Services, whether or not We have been advised of the possibility of such damages, and regardless of the theory of the liability asserted, resulting from but not limited to:
  • Any loss of funds or damages;
  • Any user error such as forgotten passwords, incorrectly constructed transactions, or mistyped Cryptocurrency address;
  • Any unauthorized use of Services or this Agreement;
  • Your access to, or use of, or inability to access or use our Services;
  • Your use of, or conduct in connection with, our Services or any third-party services;
  • Any content obtained from our Services or any third-party services;
  • Any interruption or cessation of transmission to or from the Services;
  • Any unauthorized activities, including without limitation the use of hacking, viruses, phishing, brute forcing or other means of attack against the Services.
Under no circumstances will We be liable to you for damages arising out of the services exceeding $20. Indemnification To the maximum extent permitted by law, you will indemnify and hold harmless at your own expense, us, our Staff and anyone acting on our behalf, from and against any damages, costs and expenses, resulting from any claim, allegation or demand, connected with your use of Tizer, your breach of these Terms or infringement of any other person's rights. Severability If any provision of these Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law to reflect as closely as possible, the original intention of that provision, and the remaining provisions of these Terms shall continue to remain in full force and effect.
No Waiver Our failure or delay to enforce or partially enforce at any time any of the provisions of these Terms will not be considered a waiver of those rights.
Assignment
Your agreement to these Terms may not be assigned, subcontracted, delegated or otherwise transferred by you without Our prior written consent. You agree that we may assign any of our rights and/or transfer, sub-contract, or delegate any of our obligations under these Terms.
Termination
In the event of termination concerning your use of Our Services, your obligations under this Agreement shall survive. Depending on the Services available to you in your User Account, you may be required to take certain actions in order to complete a pending transaction or providing additional information prior to closing such User Account. You are solely responsible for any fees already incurred or associated with the closing of your User Account, whether incurred directly by you from Tizer, or incurred by Tizer on your behalf with a third party in order to complete any such action. Closing your User Account may not result in the deletion of information we hold about you. You agree and understand that Tizer reserves the right, in our sole discretion, to immediately suspend, freeze, or terminate your User Account or any Wallet in the event that you are suspected of having violated any provision of this User Agreement, believed to be in violation of Applicable Law, or are believed to be involved in activities or conduct detrimental to Tizer.
Discontinuance
We may, in our sole discretion and without cost to you, with or without prior notice, and at any time, modify or discontinue, temporarily or permanently, any portion of our Services. You solely are responsible for storing outside of the Services a backup of your mnemonic phrase and private keys associated with your Tizer Wallet which will allow you to access your digital assets. This backup will allow you to fully restore your Wallet at any time without cost or loss of digital assets. We shall not be held responsible or liable for any loss in the event that we discontinue or deprecate the Services.
Governing Law And Dispute Resolution
Regardless of your place of residence or where you access or use Tizer from, you and Tizer agree that these Terms and your use of Tizer will be governed by and construed solely in accordance with the laws of Estonia. You and Tizer agree that claims and disputes can be litigated only in Tallinn, Estonia, and we each agree to personal jurisdiction of the competent courts located in Tallinn, Estonia. You agree that any dispute or claim will be resolved by binding individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration. We do not represent or take responsibility that Our Services are appropriate or available for use in other countries, use of Our Services is on the understanding and acceptance that doing so is on your own initiative and that you are solely responsible for compliance with local laws and taxes.
Disclaimer
You agree that that your use of the website and our Services is at your sole risk and that our Website and Services (including content and information) are provided on an "as is" and "as available" basis, and Tizer and its affiliates (and those that Tizer works with to provide the Services) disclaim all implied warranties and representations (e.g. warranties of merchantability, fitness for a particular purpose, accuracy of data, and noninfringement) to the extent allowed under law. We do not represent or warrant that the Services will function uninterrupted, secure or available at any particular time or location, that we will operate in a bug-free manner, that the content and data accessible via the Services is accurate, complete, available, current and free of viruses or other harmful components and that the Services will meet your requirements. We may link, incorporate, or provide direct access to third-party services and websites without leaving our Services, you expressly understand that your access to them is at your sole risk and that we disclaim all warranties and representations of any kind relating to third parties, including but not limited to, content, links, websites, policies, services, products, practices, performance or failure to perform. You should investigation the third-party services before proceeding with any transaction with any third-party. Tizer is not intended as, and does not provide, any investment or financial advice whatsoever. With respect to any financial or investment decisions, it is strongly recommended that you conduct your own research and due diligence investigation, to properly evaluate the benefits and risks of any investment or financial transaction. It is also strongly recommended that you seek the advice and guidance of qualified accountants, financial advisors, tax advisors, legal counsels and investment advisors, in connection with any investment or financial transaction. All information presented to you do not in any way constitute a general offer or investment advice, with respect to an investment or the purchase of products or services presented on Tizer. Nothing in the Services provided constitutes a recommendation, opinion, endorsement or financial advice of any kind. You agree to be held completely and fully responsible for your decisions.
Force Majeure
If by reason in whole or in part of any Force Majeure Event, either you or Tizer is delayed or prevented from complying with this Agreement, then such delay or non-compliance shall not be deemed to be a breach of this Agreement and no loss or damage shall be claimed by you or Tizer by reason thereof. "Force Majeure Event" means any event beyond Tizer's reasonable control, including, but not limited to, flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction including network splits or "forks" or unexpected changes in a computer network upon which the Services rely.
Entire Agreement
To the extent allowed by law, the English language version of this Contract is binding and other translations are for convenience only. These Terms constitute the entire agreement between you and Us concerning the subject matter herein, and supersede all prior and contemporaneous negotiations and oral representations, agreements and statements. You agree that the only way to provide us legal notice is at the addresses provided in Section "How to Contact Us".
How To Contact Us
If you want to send us notices or service of process, please contact us by [email protected] Although our users typically prefer to submit their inquiries in regards to our Privacy Policy or Agreement by Email, we offer the option to write to us at this address: TizerWallet OÜ; Harju maakond, Tallinn, Lasnamäe linnaosa, Peterburi tee 47, 11415
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