Terms of Service

Last updated: 14.10.2020

Scope:

Please read these terms of service that follow ("Terms") carefully as they constitute a binding agreement between Tatoshi AG, a limited company registered under the laws of Switzerland, registered with the Register of Commerce under No. CHE-453.547.894 and with registered address at Gotthardstrasse 26, CH-6300 Zug (“Tatoshi”, “we”, “our”, “us”) ”) and the person, persons, or entity (“you” or “your”) accessing and/or using our online services at https://tatoshi.io, our mobile apps “Tatoshi Wallet” and in general, any other service or software provided by Tatoshi Wallet (“Service”, ”Services”).

Applicability:

By accepting these Terms electronically (for example, clicking “I Agree”), accessing or using the Services, purchasing Services, registering for a user account with us, executing these Terms, or accepting an order that references these Terms, you are accepting and agreeing to these Terms and the policies and guidelines referenced in these Terms. You further represent and warrant that: (i) You are of legal age to enter into a binding agreement; and (ii) if you represent a corporation, governmental organization or other legal entity, you have the right, power and authority to enter into these Terms on behalf of such corporation, governmental organization or other legal entity and to legally bind it to these Terms.

You may not use the Services if you are located in, or a citizen or resident of any state, country, territory or other jurisdiction where your use of the Services would be illegal or otherwise violate any applicable law. You represent and warrant that you are not a citizen or resident of any such jurisdiction and that you will not use any Services while located in any such jurisdiction.

If you do not agree to these Terms then you may not use the Services.

Changes:

We will notify you of amendments to these Terms by either posting the revised Terms on our website or mobile app. It is your responsibility to check for such notices, and make sure our notices have not been trapped by your spam filter. It is your responsibility to periodically revisit these Terms as posted on our website. The such updated Terms will become effective 14 days after publication.

Changes that addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Services following the effective date of such changes will constitute your acceptance of such changes.

If you do not agree to such modified terms, you should discontinue your use of the Services.

Your Responsibility

We provide you with the means to secure your Wallet and help ensure you, and only you, are able to access and transact through your Wallet.

It is your responsibility to carefully guard your mnemonics, back-up data, password, answers to your security questions, your SIM card and your mobile phone. We strongly recommend that you agree with your mobile network operator a SIM swap lock, to ensure that nobody is able to swap your SIM card on his card or eSIM.

You are responsible to keep your contact details stored with us up to date, especially your mobile phone number, as SMS codes send to your mobile number are used as an authorization mechanism.

If you forget or lose your means of authentication Tatoshi has no way to recover them for you and you may permanently lose access to any Digital Assets you have stored in your wallet.

Risks

You acknowledge that using Digital Assets, their networks and protocols, involves serious risks. It is your duty to learn about all the risks involved with digital assets, their protocols and networks.

Cryptocurrency markets can be volatile, and prices can fluctuate significantly, which could result in sudden and significant increases or decreases in the value of your assets.

There may be additional risks not identified in these Terms or in the risk warning.

Under no circumstances does any of our Service constitute financial, investment or other professional advice.

Privacy

You acknowledge that we may collect, use, store and process personal data in relation to you (if you are an individual), and personal data that you have provided or in the future provide to us in relation to your employees and other associated or other individuals, in connection with this agreement, or the Services.

For more information on the way in which we process the information about you, please refer to our Privacy Policy.

Our Services

Our Services helps you to manage your cryptocurrencies. We are always trying to improve our Services. That means we may add or remove our Services, features, functionalities, and the support of certain devices and platforms. Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect our Services, such as events in nature and other force majeure events.

Our Services are for use with Bitcoin (BTC) only and any other digital assets we may explicitly decide to support in the future at our discretion (“Digital Assets”). We have no obligation to support any digital assets (including but not limited to any forkcoins, altcoins, airdrops or any other digital assets however named) other than Bitcoin or any other digital asset we may explicitly decide to support in the future at our discretion. We assume no responsibility or liability in connection with any attempt to use your wallet for Digital Assets that we do not support.

Delimitation of Service

We do not have access to your wallet, or any Digital Assets stored in it. Any Digital Assets stored using the Services are not in our control. As explained above, we do not store or have any means of recovering your private keys, mnemonics, PINs or passwords.

Tatoshi is not a bank, custodian, exchange, financial intermediary or regulated financial institution. We do not have control over or take any responsibility for any transactions made through our Services. We do not accept any deposits from, lend to, or generally engage in any kind of banking business or the business of a financial institution.

Our Services are for supported Digital Assets only. Any prices displayed are provided by a 3^rd part provider (CoinDesk) and are not indicative of the Digital Assets being backed by any commodity or other form of money or having any other tangible value at all. We make no guarantees that Bitcoins or other Digital Assets can be exchanged or sold at the price displayed.

We have no control over and do not make any representations regarding the value of Digital Assets, or the operation of the underlying software protocols which govern the operation of Digital Assets supported on our platform. We assume no responsibility for the operation of the underlying protocols, and we are not able to guarantee their functionality, security or availability.

Wallet Service:

When you set-up our app, the Services generate and store a cryptographic private and public key pair that you may use to send and receive Bitcoin. The private key uniquely matches the wallet address and must be used in connection with the wallet address to authorize the transfer of cryptocurrency from or to that wallet address. The private key is stored directly in on your phone. Tatoshi has no access to your private key and may not, under any circumstance, initiate a transaction using your private key on your behalf.

IF YOU LOSE ACCESS TO YOUR WALLET OR YOUR ENCRYPTED PRIVATE KEYS AND YOU HAVE NOT SEPARATELY STORED A BACKUP OF YOUR WALLET AND CORRESPONDING PASSWORD, YOU ACKNOWLEDGE AND AGREE THAT ANY CRYPTOCURRENCY YOU HAVE ASSOCIATED WITH THAT WALLET WILL BECOME INACCESSIBLE.

All transaction requests are irreversible. Tatoshi cannot retrieve your private keys or passwords if you lose or forget them and cannot guarantee transaction confirmation as we do not have control over the network.

Transactions:

Cryptocurrency networks are operated by decentralized networks of independent third parties. Once a transaction request has been submitted to a network via the Services, the network will automatically complete or reject the request and you will not be able to cancel or otherwise modify your transaction request.

The relevant cryptocurrency network is solely responsible for verifying and confirming proposed transactions that you submit via the Services, and Tatoshi Wallet cannot and does not confirm, cancel, or reverse crypto-to-crypto transactions, other than confirmation of the relevant network’s completion of a transaction. You acknowledge and agree that Tatoshi Wallet is not responsible for any errors or omissions that you make in connection with any cryptocurrency transaction initiated via the Services. The Services submit your transaction request for confirmation to the relevant network. However, Tatoshi Wallet has no control over any cryptocurrency network and therefore cannot and does not guarantee that any transaction request you submit via the Services will be completed. You acknowledge and agree that the transaction requests you submit via the Services may not be completed or may be substantially delayed. When you complete a transaction request via the Services, you authorize us to submit your transaction request to the relevant network in accordance with the instructions you provide via the Services.

All transaction requests are irreversible

Transfers to other Tatoshi users:

If you are sending any Digital Assets to other Tatoshi users, these transactions will be processed through the cryptocurrency network. Tatoshi has no control over any cryptocurrency network and therefore cannot and does not guarantee that any transaction request you submit via the Services will be completed or executed properly.

User store their public key along with their phone number on our servers. We have no control over the validity of these information. You can retrieve the public keys of other users to create a transaction, but we do not take any responsibility that the public address belongs to your expected receiver. You accept and agree that Tatoshi does not guarantee the identity of any user, receiver, or other party to a Tatoshi transaction. You are solely responsible for ensuring all transaction details are correct, and you should carefully verify all transaction information, including the receiver address, prior to submitting transaction instructions to our Services.

Recovery

Recovery of your wallet can be done via your exported mnemonic / private key, created according to the BIP39 standard, or via encrypted data that you store with your protectors. Both are hereafter called recovery data.

You agree that you are solely responsible for your recovery data and shall take the necessary precautions to ensure its safekeeping.

The recovery data allows you, the owner of your private key, to recover your wallet in case your phone becomes unavailable for whatever reason including, but not limited to, the following: loss, theft, device damage or failure, forgotten PIN, or any other circumstance that would prohibit you from accessing the Wallet.

YOU FULLY UNDERSTAND THAT ANY FAILURE TO MAKE AND PROTECT YOUR RECOVERY DATA MAY LEAD TO TOTAL LOSS OF THE FUNDS ASSOCIATED WITH YOUR WALLET PRIVATE KEY.

You fully understand, that storing your recovery data with your protectors is fully done at your own risk. Neither Tatoshi Wallet nor your protectors take any responsibility for your recovery data.

There is no guarantee that these recovery data are available if you should need them. Protectors might delete their Tatoshi Wallet app or lose their phone with your recovery data on it. Tatoshi Wallet might stop its service and not be able to provide your recovery data anymore.

Export your mnemonic by writing down the mnemonic words. In order to safekeep your mnemonics, you shall make copies of your records and shall securely store all copies. Proper storage of your mnemonic is vital to prevent risk of damage from natural disasters or risk of unauthorized access to your funds.

Device Change:

Your private key and the recovery data of your protectors are solely stored on your mobile device. If you want to use Tatoshi Wallet app on another device, you must use the device change functionality which is integrated in our app. Only through this functionality it is guaranteed that all your data are securely transferred to you new device.

Exchange Fiat to Bitcoin

If you wish to exchange a Fiat currency for Bitcoins, we will refer you to our partners who offer this service. Tatoshi AG does not exchange Bitcoin for fiat itself. All exchange services are offered by partner companies. The service offering of our partners will be integrated in our app, this will not create any contractual relation ship between Tatoshi AG and you regarding this transaction. All contracts regarding fiat to Bitcoin Exchange are concluded exclusively between you and the exchange provider. We have carefully selected the exchange providers, but do not guarantee or warrant their services. We will not be liable for any loss that might result from such an exchange.

We are currently partnering with the following exchange providers:

MOON PAY LIMITED, located at NM Group, Triq l-Uqija,Swieqi, SWQ 2332, Malta, registration number C 88293

Bitcoin Billboard

We offer a service that brings together sellers and buyers of Bitcoins. Any user can post an advertisement that informs other users that he or she is buying or selling Bitcoins. Please note that this service is only a billboard and not an exchange or trading platform. We are not involved in any transactions that you may enter into with any other user. If you are dealing with a local dealer, you are trading at your own risk, we do not give any guarantee or warranty. If you are dealing with another user, reply to their ad and agree an amount and location for the transaction. You need to meet the person in real life and do the exchange of cash and Bitcoin all at once. We are not liable for any losses that may result from such dealings with other users.

Friend List

To help you organize how you interact with others, we may help you identify your contacts who also use Tatoshi Wallet. To enable this you provide us, all in accordance with applicable laws, the phone numbers of Tatoshi Wallet users and your other contacts in your mobile address book on a regular basis, including for both the users of our Services and your other contacts.

Text Messages:

We provide ways for you to communicate with other Tatoshi Wallet through text messages. These messages are stored on our server in an encrypted form, but there is no end-to-end encryption.

NO ACCESS TO EMERGENCY SERVICES: There are important differences between our Services and your mobile phone and a fixed-line telephone and SMS services. Our Services do not provide access to emergency services or emergency services providers, including the police, fire departments, or hospitals, or otherwise connect to public safety answering points. You should ensure you can contact your relevant emergency services providers through a mobile phone, a fixed-line telephone, or other service.

SMS Service

To use the our Services, you must provide a valid mobile phone number. This number is used as part of the authentication process. As part of using our Services, you agree to receive SMS/text messages from us. Please note that while we do not charge you for SMS/text messages, your mobile carrier’s standard messaging rates will apply. Failure to provide a valid mobile phone number may result in restriction of your use of our Services.

Prohibited Activities

You agree that you will not use the Tatoshi Wallet Services to perform any type of illegal activity of any sort or to take any action that negatively affects the performance of the our Services. You may not engage in any of the following activities via the Services, nor may you help a third party in any such activity: (1) attempt to gain unauthorized access to our Services or another user’s account, (2) make any attempt to bypass or circumvent any security features, (3) violate any law, statute, ordinance, or regulation, (4) reproduce, duplicate, copy, sell or resell our Services for any purpose except as authorized in these Terms, (5) engage in any activity that is abusive or interferes with or disrupts our Services. If you are blocked by Tatoshi Wallet from accessing the our Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Use of our Services in connection with any transaction involving illegal products or services is prohibited. Tatoshi Wallet reserves the right to temporarily or permanently suspend your use of our Services if any violation of this section occurs.

Intellectual Property Right

We grant you a limited, personal, non-transferable, non-exclusive license to access and use the Services as provided to you by Tatoshi Wallet. Any other use of the Services is expressly prohibited and all other rights, titles and interests in the Services are exclusively the property of Tatoshi Wallet and its licensors. “Tatoshi Wallet” and all logos related to the Services or displayed on the website are trademarks of Tatoshi Wallet you may not copy, imitate or use them without our prior written consent.

Disclaimer of Warranties:

WE WILL USE REASONABLE SKILL AND CARE IN PROVIDING OUR SERVICES TO YOU AND IN KEEPING IT A SAFE, SECURE, AND ERROR-FREE ENVIRONMENT, BUT WE DO NOT GUARANTEE THAT THIS SERVICE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE ARE PROVIDING OUR SERVICES ON AN "AS IS" BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES OR THE FEATURES, SERVICES, AND INTERFACES OUR SERVICES PROVIDE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, OUR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, OR CONTROVERSY AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES. YOUR RIGHTS WITH RESPECT TO TATOSHI WALET ARE NOT MODIFIED BY THE FOREGOING DISCLAIMER IF THE LAWS OF YOUR COUNTRY OF RESIDENCE, APPLICABLE AS A RESULT OF YOUR USE OF OUR SERVICES, DO NOT PERMIT IT.

Tatoshi WALLET shall not be liable for any non-performance of its obligations pursuant to the Agreement, if such non-performance is caused by a Force Majeure event. In case of a Force Majeure event, Tatoshi Wallet has the right to suspend the execution or further execution of the Services.

Indemnification

To the fullest extent permitted under applicable laws, You agree to hold harmless and indemnify Tatoshi Wallet, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors from and against all third party claims and all liabilities, damages, assessments, losses, costs, or expenses (including reasonable attorney fees) resulting from or arising out of (i) your alleged or actual breach of these Terms, including, without limitation, your express representations and warranties; (ii) your alleged or actual use or misuse of the Services; and (ii) your alleged or actual infringement or violation of any laws or of the rights of a third party.

Limitation of Liability

In no event will Tatoshi Wallet, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for any loss or damages, including without limitation, direct, indirect, special, consequential, or punitive loss or damages, arising from or related to your use of the Services, whether in an action of contract, tort or otherwise, and regardless of whether such damages were foreseeable and whether or not Tatoshi Wallet was advised of the possibility of such damages.

Without limiting the generality of the foregoing, Tatoshi Wallet takes no responsibility for and will not be liable for any financial or other loss or damages arising from or related to the use of the Services, including, without limitation, to any of the following: (i) loss of or inability to access or transact data, cryptocurrencies or digital assets; (ii) technical failure, malfunction or shutdown; (iii) server failure, hacks or unavailability; (iv) data loss; (v) stolen, lost, or unauthorized use of your means of authorization; (vi) errors calculating network fees; (vii) corrupted data on our servers; (viii) incorrectly constructed transactions or mistyped or wrong wallet addresses; (ix) failure to update or provide correct information; (x) “phishing” or other websites masquerading as Tatoshi Wallets; (xi) delays, interruption or loss of services; (xii) loss of business or goodwill.

The Services support or are integrated with third party services. Tatoshi Wallet takes no responsibility for any third party services and will not be liable for any loss or damages caused by such third party services.

The Services are provided on an “as is” and “as available” basis without any representation or warranty of any kind, whether express or implied, to the maximum extent permitted by applicable laws. Tatoshi Wallet disclaims any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement.

In no event will the aggregate liability of Tatoshi Wallet, arising out of or related to these Terms and/or the Services, exceed the amount of CHF 100 (one hundred CHF)

Governing Law

These Terms are subject to and governed by Swiss law to the exclusion of Swiss international private law and any international treaties. All disputes arising from or under these Terms shall be subject to the exclusive jurisdiction of the competent courts of Zug, Switzerland.

You will only be permitted to pursue claims against Tatoshi Wallet on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

Miscellaneous

Unless as otherwise stated in these Terms, should any provision of these Terms be held totally or partially invalid or unenforceable, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of these Terms, and the application of that provision shall be enforced to the extent permitted by applicable laws.

The failure of Tatoshi Wallet to exercise or enforce any of the rights or provisions of these Terms shall not considered as a waiver of Tatoshi Wallet’s rights to do so.

Nothing contained in this agreement shall be deemed or construed to create a principal and agent, partnership or joint venture relationship between you and Tatoshi Wallet.

You acknowledge and agree that any claim or cause of action arising out of or in connection with the Services shall be commenced within 1 (one) year after its accrual; thereafter, any such claim or cause of action shall be permanently barred.