These general terms and conditions apply to all services provided by ARKANE, a legal person incorporated under the laws of Belgium, having its registered office at Antwerpsesteenweg 45, 2830 Willebroek, Belgium (hereafter "Provider").
2.1 Provider provides services to facilitate the use, transfers and exchange of Cryptocurrencies consisting amongst others by making available Wallets and storing of users private keys of corresponding blockchain addresses, as further described in Annex 2 (all these services hereafter collectively referred to as "the Services").
2.4 Provider may extend its service provision with new services. New services will be part of the Agreement if You have ordered them and this order has been confirmed by Provider to you.
2.5 The Services part of your Order and the availability thereof may be subject to change at any time, in particular in the context of bugfixing, enhancing security or upgrades to implement new functionalities.
Provider will notify You of any such change(s) prior to the implementation thereof and of any costs associated with it.
You hereby agree to any change implemented to correct bugs or to enhance security.
For other changes, if You are a Consumer and you do not agree with the change, you are entitled to terminate the Agreement within thirty (30) days after having notified such disagreement to Provider, unless the change is implemented without any additional cost or fee and has no impact on essential functionalities of the Services you use.
2.6 The obligations of the Provider under the Agreement are best effort obligations.
2.7 Since the Services imply an internet-delivered software application, the Services may experience periods of downtime, including but not limited to scheduled maintenance. Provider makes no representations or warranties, whether express, implied or statutory, with respect to the Services provided hereunder, including the Wallet and any application, documentation, content, data and materials made available with the Services. Provider specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, non-infringements, and accuracy. Provider does not warrant that the Services will be error-free or operate without interruptions or downtime, or that the results obtained from the Services will meet Your needs. You further understand and agree that the Services is provided 'as is' and 'as available'. This means Provider does not represent or warrant to You that information will be accurate or reliable, Services provision will be reliable, nor that any defects in the operation or functionality will be repaired or corrected.
2.8 No information or advise, whether expressed implied, oral or written, obtained by you from Provider, or through any Services we provide, shall create any warranty, guarantee, or condition of any kind, except as explicitly agreed otherwise in writing.
2.9 The following services are not included in the Services provided by Provider and Provider does not undertake any liability in this respect:
2.10 Cryptocurrencies may be subject to market fluctuations and sudden and significant increases or decreases in the value. Provider does not undertake any risk regarding this market volatility and other risks involved in buying, selling or trading Cryptocurrencies. You are solely responsible for any decision to buy, sell, trade or otherwise hold or deal with Cryptocurrencies.
3.1 Depending on the exact Services covered by the Agreement, You may be required to register and to create an account with Provider. As part of the registration process, You may be required to provide Personal Data (such as identification, contact details, etc.). You acknowledge and agree that any information you provide, including any Personal Data, will always be accurate, correct, and up to date.
3.2 If You fail to provide the required information in accordance with Article 2.1, it is possible that the performance of any Services may be delayed.
3.3 You must use the Services in compliance with all applicable local, state, national, and international laws, rules and regulations.
3.4 Provider is entitled, at its discretion, to permanently or temporarily suspend Your access to and use of (any of) the Services, without due notice (unless notice is required under applicable law), and for any reason, including but not limited to:
In case you are a Consumer, this right of suspension is limited to the cases mentioned under a) to c).
4.1 You will use the Wallet, the Services and any related applications, in accordance with the license set forth under Article 5.
4.2 You are not allowed to access (or attempt to access) the Services by any means other than through the means Provider provides or has indicated to be used. You specifically agree not to access (or attempt to access) any Services via any illegal and unlawful means, or use your Wallet or any Services in an illegal or unlawful manner, or use any Services to support purposes that are illegal or unlawful (such as terrorism, fraud or other criminal activity).
4.3 You shall not engage in any activity that disrupts or interferes with the Services, including the servers and/or networks to which the Services or Wallet are located or connected. You will not try to hack applications used for the Services or to gain access to data or Wallets of other users.
4.4 You will comply with the specific terms governing the Services as set forth in Annex 2 and the provisions of Article 6 regarding security and recovery.
4.5 If you purchase or exchange Cryptocurrency through Your Wallet, You acknowledge;
5.1 All content and materials available on the Website, including but not limited to text, graphics, website name, code, images and logos, are the intellectual property of Provider, and are protected by applicable Intellectual Property Rights. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on the Website is strictly prohibited, unless specifically authorized by Provider in writing.
5.2 Provider (or its service providers as the case may be) own(s) all right, title and interest in and to the Wallet, the Services, applications, and/or any other deliverables and any modifications and enhancements thereof, including without limitation all Intellectual Property Rights.
5.3 Provider grants You a non-exclusive, perpetual and non-transferable right to use the Wallet, the Services and any related applications, solely for Your personal or internal business operations (and not to resell or otherwise distribute), unless specified otherwise in the applicable Agreement.
5.5 You acknowledge that Provider and/or its relevant supplier(s) own all right, title and interest in and to the Wallet, the Services, and related applications and any modifications and enhancements thereof, including without limitation all Intellectual Property Rights, and such rights are protected by international intellectual property laws.
5.6 You may not, unless indicated otherwise or unless permitted by applicable law:
5.7 You will not nor will You authorize or encourage any third party to:
6.1 Provider makes its best efforts to maintain security with regard to its Services, in accordance with the specifications set forth in Annex 2.
6.2 You will use the Wallet and the Services in compliance with the security measures communicated by Provider. Provider is entitled to update these security measures with a view to adapting its Services to new security standards.
6.3 You are responsible for maintaining the confidentiality of any login information you use to access and use the Wallet (such as login and PIN code) and the Services provided to You, for any Wallet backups, and any specific authentication credentials, and You shall not disclose them to any third party. You are responsible for all activities that occur under the account(s) associated with your Agreement.
7.1 Provider provides its Services against payment of the fee set forth in Annex 3, to be increased with the applicable VAT or other taxes and costs as indicated in Annex 3. You will pay any sales, value-added or other similar taxes imposed by applicable law that Provider must pay based on the Services You ordered.
7.2 Fees can be paid in US Dollars or in Cryptocurrencies and according to the modalities set forth in that Annex 3. In case You choose to pay the fee in Cryptocurrencies, You will need to provide us with Cryptocurrencies for a value equaling the fee expressed in US Dollar and your payment will automatically be considered as a payment in the US dollars.
7.3 Unless specified and agreed otherwise in the Agreement, all fees associated with Your access to and use of the Services are immediately due. An invoice will be sent within thirty (30) days of the payment date.
7.4 A Party shall be entitled to set-off against any amount payable by such Party to the other Party any amount payable by the other Party to such Party.
8.2 Each party may terminate the Agreement:
8.3 Provider may terminate or suspend the Agreement or the access to a Wallet or Service in case of:
Provider shall process Personal Data it obtains as part of the performance of this Agreement in accordance with the provisions of Annex 4.
10.1 Provider may provide various open communication tools on its website(s), such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media Services, etc.
10.2 Provider will not pre-screen or monitor the content posted by users of these various communication tools. If You use these tools to submit any type of content to the Website, then it is your personal responsibility to use these tools in a responsible and ethical manner. You will not upload, post, share, or otherwise distribute any content that:
10.4 We do not assume any liability for any third party content.
10.5 With respect to any content You post or communicate with the tools mentioned under Article 10.1, You grant Provider and its affiliates a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute such content as we see fit.
11.1 A party shall only be liable for its own willful misconduct, its own fraud, gross misconduct or a repeated minor fault in relation with its contractual obligations (hereafter collectively a 'Fault'), which is exclusively attributable to it.
In case of liability of a Party, the following restrictions shall apply to a Party's compensation obligations, except in case of personal willful misconduct or personal fraud, in which case no compensation restrictions apply.
11.2 Any compensation due for damages arising out of a Fault or any negligence shall, per year, not exceed the yearly amount of the fees paid by You to Provider in the year of occurrence of the event giving rise to the claim for the Service(s) which is (are) the subject of the claim.
As long as the services are provided for free (see Annex 3) the compensation due for damages as mentioned in the previous paragraph shall not exceed 100 US Dollar per user.
11.3 Any liability for incidental, indirect or consequential damages including, but not limited, to loss of opportunity, loss of goodwill, loss of business, loss of profit or reputation damage, is excluded.
11.4 Liability claims are valid only if introduced within six (6) months after the date at which the damageable event has become known or should have become known to the client.
11.5 You acknowledge that the Services are dependent on service provision by third parties (such as telecommunication services) and Provider shall not be responsible for any damage caused by such service or any interruption of its Services provision due to an interruption of such third party service. Provider is not responsible for data loss, data corruption or fraudulent transactions with the Wallet.
11.6 You agree to hold harmless and indemnify Provider, and its affiliates, management, officers, agents, subcontractors and employees from and against any third party claim arising from or in any way related to Your, including Your affiliates, management, officers, agents, subcontractors and employees, and or other person's use of the Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.
11.7 Provider cannot be held liable for any fault, omission or breach of contract of a third party.
11.8 A party 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, the party affected by the Force Majeure has the right to suspend the execution or further execution of the Services.
Any information exchanged in the context of the Services provision and Confidential Information are strictly confidential and shall not be disclosed, without prior written consent of the party that has provided the information. Each party shall take all the necessary measures to assure the confidentiality of the information (including by its members of staff or subcontractors) during the entire duration of the contract and for five (5) years after the termination of the contract.
13.1 If You are a Consumer, You are entitled to cancel your order for a Service within 14 days of when you received your receipt, without giving any reason.
13.2 To cancel your order, you must notify Provider of your decision via the model cancellation form in Annex 5 or by making any other clear statement.
13.3 To meet the cancellation deadline, you must send your communication of cancellation before the 14-day period has expired.
13.4 Provider will reimburse you no later than 14 days from the day on which we receive your cancellation notice. We will use the same means of payment as you used for the transaction, and You will not incur any fees for such reimbursement, it being understood however that if You paid the fee in Bitcoin, such payment will automatically be considered a payment in US Dollar and You will thus in that case be reimbursed either the amount in US Dollars or Bitcoins for an amount that equals that amount in US Dollars.
13.5 You cannot cancel your order for Services after full execution of the Service if the delivery has started upon your request and You have and acknowledged that you thereby lose your cancellation right or in case of delivery of digital content otherwise then on an enduring support if the delivery has started upon your request and You have and acknowledged that you thereby lose your cancellation right.
14.1 Any dispute concerning the contract is subject to the exclusive competence of the courts of Antwerp, Belgium, except if you are a Consumer and this is not permitted under mandatory consumer protection law of Your country of residence. In the latter case the competent court is to be determined in accordance with that applicable law.
14.2 The contract is governed by Belgian law with exception to the conflict of law principles thereof.
14.3 If a clause of these terms and conditions is null or invalid this shall not entail the nullity or invalidity of these terms and conditions as a whole. In such case and in case a clause is unenforceable, the parties shall replace such clause as soon as possible by a clause the content of which approximates as closely as possible the aim of the clause to be replaced.
14.4 The rights and obligations of a party under the Agreement cannot be assigned or transferred except with the prior written approval of Provider.
|Agreement:||means the agreement You have entered into with Provider, online or offline as the case may be, for Your use of any Services;|
|Confidential Information:||means information regarding Provider's products or services, including but not limited to the Services, documentation, software, trade secrets embodied therein and any other written or electronic information that is either (i) marked as confidential and/or proprietary, or which is accompanied by written notice that such information is confidential and/or proprietary, or (ii) not marked or accompanied by notice that it is confidential and/or proprietary but which, if disclosed to any third party, could reasonably and foreseeably cause competitive harm to the owner of such information. Is not considered to constitute confidential information: (a) the existence of the contract; (b) the information that is part of the public domain, without intervention or fault of the party that received it; (c) the information legally obtained from a third party that is not bound to any obligation of confidentiality or legal reserve; (d) the information known by one of the parties before its transmission in the context of the contract;|
|Cryptocurrency:||a digital representation of value that is not issued or guaranteed by a central bank or a public authority, is not necessarily attached to a legally established currency and does not possess a legal status of currency or money, but is accepted by natural or legal persons as a means of exchange and which can be transferred, stored and traded electronically, such as Bitcoin ;|
|Fault:||has the meaning set forth in Article 11;|
|Force Majeure:|| means any event or situation:
|Intellectual Property Rights:||
means any intellectual property right or other (property) right throughout the world, in all media, now existing or created in the future, for all versions and
elements, in all languages, and for the entire duration of such rights, arising under applicable law, contract, or otherwise, and whether or not registered, registrable
or perfected, including
|Personal Data means:||means any information relating to an identified or identifiable natural person;|
|Provider:||means Arkane a company established under the laws of Belgium, with registered office at Antwerpsesteenweg 45, 2830 Willebroek, Belgium and register at the commercial register of Belgium under the number BE 0704.738.355; or any of its affiliates involved in providing the Services under the Agreement;|
|Services:||means the services provided by Provider as mentioned in Article 2 and as described in the Agreement;|
|Term:||means the duration of the Agreement;|
|Transaction:||means a transfer of any Cryptocurrencies supported by Provider's Wallet application;|
|Wallet:||means Provider's client software - a digital Cryptocurrency 'wallet' including but not limited to the iOS, Android and web-based versions thereof, and all materials related to such applications owned and developed by Provider and accessible by a User, in connection with the Services;|
|Website:||means the website XXX and any other websites, including sub-domains, owned or operated by Provider from time to time.|
|You:||the party that uses the Services of Provider;|
Provider is a multi-blockchain Cryptocurrency Wallet provider that stores the users private key of his corresponding blockchain address safely encrypted and split in multiple parts in separate vaults. Provider offers the following Services under the specific terms mentioned herein.
Our Wallet Services allow you to perform the following actions:
Assets will remain on the corresponding blockchain. Provider will split the private key into 3 parts, each part is encrypted and stored in a different vault. On top of the normal encryption, Provider will add a pin code so that if an attacker would be able to bypass all different levels of security of Provider, they would still not get hold of all of a user's fund without the pincode.
Provider's data is stored on servers held by a third party. The data is protected against access by the third party provider, who is only making available data storage space. Provider shall make back ups on a regular basis. Provider is not responsible for data loss, hacking of the data or inaccessibility of data due to negligence or fault of the third party provider.
You will be able to specify your primary address on each blockchain and link it to your contacting ways like mobile phone number and email address. Linking these addresses to contact details will make it possible to use Provider to send Cryptocurrencies to an email address or a mobile phone number in stead of to a blockchain address as Provider makes the translation. You will be able to receive notifications of incoming transfers on its accounts. You can make a Transaction by selecting your Wallet, choosing the destination address and the amount and Cryptocurrency You want to transfer and sign with your pincode. Once signed, Provider sends the Transaction to the blockchain. To make a Transaction, the third party application can use the Provider API to send the Transaction to Provider. Provider signs the Transaction on behalf of You and sends it back to the calling third party application or puts it on the corresponding blockchain itself, depending on the parameters specified in the API call.
Provider offers API integration with other applications so You can use your Wallets in these applications. These other applications can be for example crypto exchanges, cryptocurrency wallets, crypto portfolios,... By using this API integration You will be very flexible in using your Wallets in many applications without the need to specify them over and over again.
The Services are provided for free in a first phase without any fee to be paid until 31 December 2018.
Provider may implement fees, subject to your prior written consent.
Fees will be published on www.arkane.network and expressed in US Dollars.
ARKANE is, when it collects and processes your personal data, the controller for the processing of this data.
The following information may be collected, processed and stored by ARKANE:
In this context ARKANE :
In case You are a natural person:
In case You are a legal person the following personal information may be processed in the context of identifying the legal person to the extent You would qualify as one of the concerned persons:
ARKANE can process your personal data for (one of) the following purposes, based on one or more legal grounds:
The information under A.1, A.2 and A.3 will be used to provide the Services ordered by You and in particular to create your account and your Wallet, to verify your identity and your status as contract party in the course of your use of the Wallet (in particular in case of recovery of your private key or to reset your login or pincode) or for performing our Services in the context of Transactions (and amongst others when you contact our service desk);. ARKANE processes this data based on the legitimate interest it has in providing the Services in compliance with the agreement.
The information under A.2 may be processed with a view to performing know your customer obligations imposed by law and any related reporting obligations. ARKANE processes this data based on the legitimate interest it has in complying with law.
The information under B) may be processed to ensure the good functioning of the Website and the Services and to enhance their use. ARKANE processes this data based on the legitimate interest it has in providing a good functioning Website and Services.
ARKANE processes the data under A) and B.2) based on your explicit consent and ARKANE's legitimate interest to keep its clients informed of its activities and services.
ARKANE processes the data under A) or B.2 based on your explicit consent, your contractual relationship with us or your request to take steps prior to entering into a contract.
ARKANE may rely on the services provided by third parties to perform certain (processing) activities.
ARKANE uses in the context of its Services servers that are rented by a third party and that are located at the premises of this third party. This third party has no access to the data hosted on these services.
ARKANE may provide your data as mentioned under A.2 to a subcontractor who will provide to ARKANE the services of performing the know-your-customer verifications based on ARKANE's instructions. You hereby agree to the provisions of your data mentioned under A.2 to such subcontractor for the purpose mentioned.
ARKANE may, upon your request and with your consent, transfer your personal data under 4.A) to third parties in the context of the integration of your Wallet with other IT-applications. In this case you will be requested via appropriate technical means to provide your consent with such transfer and You will conclude directly with such third party into the required data processing agreements.
ARKANE does not provide any personal data to other third parties, except if required by law or by an order of a competent court of regulatory authority to do so.
ARKANE will not store any of your personal data any longer than is necessary for the specific purposes for which it is stored, taking into account ARKANE's contractual and legal obligations with regard to this data and ARKANE's mission to correctly answer customer questions and to provide the Services in compliance with the Agreement.
You have the following rights in respect of your personal data being processed by ARKANE:
In case the processing of your personal data is based on your consent, You have the right to revoke this consent at any time. However, such a revocation does not affect the
lawfulness of any processing prior to this revocation.
If You intend to use any of your abovementioned rights, please do so by directing your request to [email protected] or by a letter to ARKANE (see address below). We cannot handle your request without proof of your identity and the applicable legislation may impose conditions on exercising the above rights.
ARKANE will request a copy of your identification document as proof that You are indeed concerned by the personal data and thus entitled to rights mentioned above.
ARKANE will use its best efforts to respond to your request without undue delay after receipt of your request.
You should bear in mind that ARKANE will not always be obliged to comply with your request for access, correction, removal or transfer. This is because of our legal obligations, for the establishment, exercise or substantiation of a legal claim or the legitimate exercise of the right of freedom of expression and / or information.
You also have the right to file a complaint with the Data Protection Authority. Such a complaint can be filed either by post directed at Rue de la Presse 35, 1000 Brussels or through an e-mail to [email protected]
ARKANE may use "cookies" when You visit the Website. A cookie is information sent from a web-server to your web-browser, and which is placed on your hard-drive. Cookies permit our website to recognize future visits using your computer. Cookies enhance the convenience and use of our website. You may choose to decline cookies if your browser permits, but doing so may affect your use of the Website and your ability to access or use certain web features. We will use the follow cookies:
Provider uses functional cookies, Keycloak, which save the session-ID as well as the information consulted during the session. They are necessary to ensure the adequate functioning of our website. These cookies make sure You will be timely and correctly provided with the information desired each time You will visit the Website. We do not request Your consent for using these functional cookies. The information gathered through these functional cookies shall not be passed on to any third party.
Analytical cookies, the _ga and _gid cookies of Google Analytics, enable Provider to analyse the use that is being made of the Website. They allow us, for example, to
how frequently the Website is being visited by different visitors, through which pages users access the Website and which pages of theWebsite are visited most. The device
use to visit the Website, is accorded a randomly generated identification number, which is used by Google's servers to compute the statistics. Google will not use the
identification number for its own purposes and will not link it to other data in its possession. Provider shall not install tracking cookies without requesting Your prior
Tracking cookies allow Provider to monitor your online activities on the Website. They enable Providers and advertisers to provide You with personalized online advertisements and tailor-made content based on your online activities on the Website. Provider shall not install tracking cookies without requesting Your prior consent.
Social media plug-in cookies are used to enable Provider to display content of social media on the Website. Provider shall not install social media cookies without requesting Your prior consent. Please consult the applicable cookie and privacy policies and settings of the respective social media providers you give consent to.
E-mail: [email protected]
Company registration number BE 0704.738.355
To: Arkane with registered office at Antwerpsesteenweg 45, 2830 Willebroek, Belgium and register at the commercial register of Belgium under the number BE 0704.738.355, e-mail address [email protected]
I hereby give notice that I withdraw from my contract for the following:
- [INSERT ORDER ID, ITEM SERVICE]
- Ordered on [INSERT DATE] / received on [INSERT DATE]
- Name of consumer
- Address of consumer
- Email address of consumer (optional)