HMNG WALLET – EULA
The HMNG Wallet application and its accompanying online or electronic documentation (“App”) have been produced by and are the property of Hummingbird Finance (“Hummingbird Finance”). Hummingbird Finance is referred to as “us”, “we”, and “ our” in this EULA.
THE EULA FORM A BINDING AGREEMENT BETWEEN YOU (“YOU”) AND US. YOUR USE OF THE APP IS CONDITIONAL ON THE TERMS AND CONDITIONS SET OUT IN THIS EULA, SO PLEASE READ THEM CAREFULLY.
TO THE WIDEST EXTENT PERMITTED BY LAW, Hummingbird Finance SHALL NOT BE A PARTY TO NOR RESPONSIBLE FOR ANY MATTER ARISING OUT OF OR IN CONNECTION WITH YOUR ENTERING INTO AN AGREEMENT WITH TRANSAK, INC., INCLUDING ANY TRANSACTION MADE PURSUANT TO THE AGREEMENT BETWEEN YOU AND TRANSAK.
1. IMPORTANT TERMS
1.1 Some of the most prominent risks associated with crypto, as set out in clause 3.
1.2 Details on the terms governing your User Account, as set out at clause 4.
1.3 The limitation applicable to our liability, as set out in clause 14.
2. ABOUT THE APP
2.1 The App enables users to generate and store private keys to their own cryptographic wallets (“Wallet”), and to access their Wallet to view their balance and to initiate transactions for the transfer of cryptographic assets.
2.2 While the App enables users to make crypto transactions, please note that Hummingbird Finance is not a money transmitter or a money services business.
3. ABOUT CRYPTO
3.1 Crypto may not be appropriate for everyone. Before making use of crypto you should learn about them to ensure they are appropriate for you. As with all currencies, there are some risks associated with using crypto. Some of the risks particular to crypto include:
3.1.1 loss of crypto due to hardware malfunction – if the hardware on which the App is stored (“Hardware”) breaks, you could lose the crypto stored on hardware;
3.1.2 currency fluctuation – the price of crypto may fall sharply and may even fall to zero;
3.1.3 crypto transactions may be unconfirmed for a period of time. Although very unlikely, some crypto transactions may never be confirmed – crypto transactions which are unconfirmed are not completed;
3.1.4 crypto transactions are irreversible – if you send crypto to the wrong person, you may be unable to recover those crypto;
3.1.5 crypto may be lost if you lose or forget any PINs or passwords necessary to access and spend those crypto;
3.1.6 unknown technical defects inherent in crypto; and
3.1.7 new regulation which impacts on crypto use.
You may find more information about the different risk factors that are relevant to crypto in our Risk Statement.
3.2 By agreeing to this EULA or by using the App, you are indicating your acknowledgment and acceptance of the risks associated with crypto.
4. USER ACCOUNTS
4.1 By using the App, you confirm that you are over 18 years of age.
4.3 When the wallet is created, we will also allocate you with a corresponding “Private Key”. The Private Key enables any crypto sent to the App wallet to be spent. For security reasons, WE DO NOT KEEP a backup of your Private Key.
4.4 IF YOUR PRIVATE KEYS ARE LOST OR DELETED, YOU WILL BE UNABLE TO ACCESS YOUR WALLET AND DISPOSE OF THE CRYPTO STORED IN THE APP. More information on how you can backup your own Private Key is set out below.
4.5 You have the option to use a PIN (or other security measures which may make available to you from time to time) to secure access to the App. If you activate the PIN, it will be required to spend any stored crypto.
4.6 Your PIN is personal to you and must not be disclosed to any other person. We are entitled to assume that any use of the App is made by you. You are solely responsible and liable for any use of the App.
4.7 IT IS UP TO YOU TO TAKE WHATEVER SECURITY MEASURES YOU THINK NECESSARY TO ENSURE THAT YOUR PIN AND THE HARDWARE ARE SECURE. WE ARE NOT LIABLE FOR ANY IMPROPER USE OF THE APP OR YOUR PIN BY YOU OR ANY OTHER PERSON. IF YOU THINK ANY OTHER PERSON KNOWS YOUR PIN, OR THAT YOUR HARDARE HAS BEEN USED OR ACCESSED BY ANY OTHER PERSON WITHOUT YOUR PERMISSION, YOU MUST CHANGE YOUR PIN AND INFORM US IMMEDIATELY.
5. YOUR USE OF THE APP
5.2 Subject to the privacy settings in the App which you set, we may send you push notifications whilst the App is installed.
5.3 When making transactions using the App, you are responsible for determining what tax should or should not be applied, paid, reported or collected.
5.4 You must not (whether yourself or through a third party acting on your behalf or for your benefit), attempt, whether or not successfully, to:
5.4.1 reproduce, distribute, publicly display or perform, translate, modify, adapt, create derivative works from, deconstruct, reverse engineer, decompile or disassemble in any manner any Further Features which may be made available subject to clause 10 or any part of any of them, including but not limited to any character, graphic, associated software or proprietary communications protocol used by the software or any utilities, applications, emulators or tools derived therefrom;
5.4.2 mine, buy, sell, exchange, hold, own or otherwise use or exploit crypto in any way which is prohibited by the laws, regulations or regulatory guidance which apply to you. You are responsible for remaining aware of any changes to applicable laws, regulations or regulatory guidance;
5.4.3 defraud us or any of our other users or access any information which belongs to us or any of our other users; or
5.4.4 use the App in a way which causes unreasonable demands on our technology or technical infrastructure, or breach or circumnavigate any of our security measures.
6. BACKING UP
6.1 The App gives you the option to download a copy of your Private Keys (“ Backup”). WE STRONGLY RECOMMEND THAT YOU BACKUP YOUR PRIVATE KEYS.
6.2 IT IS UP TO YOU TO TAKE WHATEVER SECURITY MEASURES YOU THINK NECESSARY TO ENSURE THAT YOUR BACKUP IS SECURE. WE ARE NOT LIABLE FOR ANY IMPROPER USE OF YOUR BACKUP BY YOU OR ANY OTHER PERSON.
7. OWNERSHIP OF THE APP AND CONTENT
7.1 All intellectual property in the App, except for User Content (please see clause 9) is owned by us and/or our licensors.
7.2 The ‘Hummingbird Finance’ is trade mark (including our logo) belongs to us. All rights are reserved by us in the trade mark.
7.3 All intellectual property rights in the Further Features and content on the Further Features (except for User Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (” Content“) belongs to us and/or our licensors. All of our rights are reserved.
7.4 You are not sold the App, the Further Features or any Content, but are granted a personal licence to use the same in accordance with this EULA.
8. LINKS TO WEBSITES, OTHER APPS AND THIRD PARTY SERVICES
8.2 If you permit any third party to access the App (whether this access is enabled through the App itself or through a third party application), you acknowledge that you remain solely responsible for any actions or omissions enabled by the grant of your permission.
9. USER CONTENT
9.1 To the extent that the App allows you to publish any content, data or other information (“User Content”), then you acknowledge that we may copy, store, adapt, modify, and use the User Content to enable us to provide the App and the User Content to you and others (as applicable).
9.2 You retain all ownership of your User Content that you upload, and you are free to use it elsewhere.
9.3 You hereby grant us a non-exclusive, irrevocable and perpetual, royalty free, worldwide, sub-licensable and transferable right to copy, adapt, modify and use the User Content, and you acknowledge that we may make the User Content available to other users of the App.
9.4 You confirm that any User Content shall be your own original work and you shall not infringe the intellectual property rights or privacy rights of any third party or defame any person.
10. FURTHER FEATURES
10.1 We may in the future offer further content or features for you to purchase and/or download and use in the App (“ Further Features”). Further Features are a part of the App. If you agree to purchase and/or download Further Features, we grant you a non-exclusive, personal, revocable, non-transferable license to use the Further Content in the App on the terms of this EULA.
10.2 Further Features may be made available subject to additional terms, which we will notify to you before you purchase and/or download any Further Features.
11. SYSTEM REQUIREMENTS
This App has been developed to work on the latest version of the Google Android operating systems (“OS”) at the time of its release. OS may from time to time update the operating system, and we will endeavour, but not be obligated, to update the App if applicable to ensure that its functionality and performance continues with any updated release. It is your obligation to ensure that you are using the latest public release of the software.
12.1 You agree to indemnify us and keep us indemnified from and against all claims, damages, expenses, costs and liabilities (including legal fees) relating to or arising from:
12.1.1 your use of the App;
12.1.2 any actions or omissions of any third party that accesses the App (whether this access is enabled through the App itself or through a third party application); and
12.1.3 any breach or suspected breach of this EULA by you or from your violation of any law or the rights of any third party.
13. TERM AND TERMINATION
13.1 This EULA takes effect upon your download and/or use of the App and remains effective until terminated by either of us. You may terminate this EULA at any time by removing the App from the Hardware on which it is installed. The EULA shall automatically terminate if you fail to comply with any term or condition of this EULA. Upon termination you shall cease all use of the App and delete all copies of the App. YOU SHOULD NOT DELETE THE APP WITHOUT HAVING BACKED-UP YOUR PRIVATE KEYS.
13.2 The following clauses of the EULA shall survive termination: Clause 7 (Ownership), Clause 12 (Indemnity), Clause 13 (Term and Termination), Clause 14 (Limitation of Liability) and Clause 15 (General Provisions).
14. OUR LIMITATIONS OF LIABILITY
14.1 THE APP IS PROVIDED ‘AS IS’ AND ON AN ‘AS AVAILABLE’ BASIS WITHOUT ANY REPRESENTATION, ENDORSEMENT OR WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND/OR ACCURACY.
14.2 WE DO NOT GUARANTEE THAT (I) THE APP WILL BE FREE OF ERRORS, VIRUSES, BUGS OR OTHER DEFECTS; OR (II) THAT THE APP OR ANY INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE APP OR IN THE DOCUMENTATION WILL BE ACCURATE OR COMPLETE; OR (III) THAT ANY DEFECTS IN THE APP WILL BE CORRECTED.
14.3 YOU ACKNOWLEDGE THAT RELIANCE ON ANY SUCH INFORMATION SHALL BE AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT THE APP HAS NOT BEEN DEVELOPED TO MEET YOUR INDIVIDUAL REQUIREMENTS AND THAT IT IS THEREFORE YOUR RESPONSIBILITY TO ENSURE THAT THE FACILITIES AND FUNCTIONS OF THE APP MEET YOUR REQUIREMENTS.
14.4 TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING IN YOUR LOCAL JURISDICTION, WE EXCLUDE ALL LIABILITY FOR ANY LOSS OR DAMAGE, WHETHER SUFFERED DIRECTLY OR INDIRECTLY, IMMEDIATELY OR CONSEQUENTIALLY AND WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, INCLUDING ANY:
14.5 WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY OR AS A RESULT OF THE DEVICE ON WHICH THE APP IS RUN OR BY ANY PRODUCTS OR SERVICES PAID FOR WITH THE SERVICES OF THE APP OR THE ACT OR OMISSIONS OF ANY SELLER OF ANY PRODUCTS OR SERVICES PAID FOR WITH THE SERVICES OF THE APP.
14.6 OUR LIABILITY TO YOU, TO THE EXTENT WE CANNOT EXCLUDE IT ENTIRELY, SHALL, WHERE PERMISSIBLE BY LAW, BE LIMITED TO THE FULLEST EXTENT.
14.7 NOTHING IN THIS EULA SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR FRAUDULENT MISREPRESENTATIONS OR FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE OR THE NEGLIGENCE BY US, OR ANY LIABILITY NOT CAPABLE OF LIMITATION BY APPLICABLE LAW.
15. GENERAL PROVISIONS
15.1 This EULA sets out the complete understanding and agreement between us and you. No waiver by us of any failure by you to comply with or perform a provision of EULA shall be deemed to be a waiver of any preceding or succeeding failure. In the event that any of the provisions of this EULA are held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
15.2 This EULA is personal to you. You may not assign, sub-licence, transfer or dispose of the rights licensed under this agreement.
15.3 We may change this EULA for any reason. We will notify you of any changes and you will be required to accept the changes to continue to use the App.
15.4 If any provision of this EULA is found by a court or regulator to be invalid or unenforceable the other provisions shall continue to apply.
15.5 Subject to your local consumer laws, and in the event of any dispute between you and us, and regarding this EULA and/or your use of the App, the laws of Scotland shall apply. You agree that in the event we are unable to settle any dispute with you, then any court or arbitration proceedings shall be held in Edinburgh UK, only.