Terms of Service

Version 20170830

1. Parties

This agreement is between you ("You" or "Your" in this agreement) and Decentral Inc. ("Decentral”).

2. Service Offered

Decentral has created a software program that enables users to access, and transfer virtual currencies, tokens, and cryptocurrencies (collectively, “Digital Asset(s)”) under the name “Jaxx” (“Jaxx Software”). This license agreement permits You to use the Jaxx Software subject to certain conditions, rights and obligations.

You should only use the Jaxx Software if you are familiar with Digital Assets. Decentral highly recommends learning the basics for the Digital Assets that You plan on using with the Jaxx Software before running the Jaxx Software. 

The Jaxx Software is licensed to you without charge.This agreement applies to any technical support provided to You in relation to the Jaxx Software.

3. You Own Your Private Keys

Decentral does not store any private keys, backup phrases or passwords (collectively, “Private Key Information”). Private Key Information is stored locally in Your local copy of the Jaxx Software. It is very important that You backup Your Private Key Information. If You lose Your Private Key Information then it will not be possible for Decentral to recover it for You and You may permanently lose access to Your Digital Assets.

If You do not understand the above paragraph then Decentral recommends that You learn more about Digital Assets before using the Jaxx Software.

4. User Obligations

You shall:

a) be of age of majority in Your local jurisdiction; and,

b) be responsible for Your own Digital Assets; and,

c) backup/write down Your “backup phrase” and keep it private; and,

d) carefully guard Your private keys; and,

e) carefully review the list of supported Digital Assets before engaging in any transactions; and,

f) ensure that Your device(s) are fully updated and do not contain viruses, malware or otherwise malicious software; and,
g) ensure that Your use of the Jaxx Software complies with Canadian and local laws.

You shall not:

a) deposit Digital Assets into addresses for Digital Assets that are not supported by the Jaxx Software; or,

b) use the Jaxx Software in a manner likely to interfere with other Jaxx Software users or servers (e.g. excessive API calls or network spam); or,

c) use the Jaxx Software in a manner contrary to the laws of Canada or Your local laws.

5. No Control Over Blockchains

Decentral is not the creator of, and does not have any control over, any of the Digital Assets that the Jaxx Software allows You to use. You shall be solely responsible for Your choice of and use of Digital Assets.

6. Third Party Integrations

The Jaxx Software integrates with third party services.

Although the Jaxx Software makes it easy to engage with integrated third parties, Decentral shall not be responsible for any consequences resulting from Your use of third party integrated services. If You require assistance with a third-party integration then You should contact that third party.

7. Transactions

The only authentic record of Digital Assets transactions is the applicable blockchain.

The Jaxx Software provides functionality that allows You to send Digital Asset transfer instructions. Decentral does not guarantee that transactions You perform using the Jaxx Software shall be stored in any blockchain.

You must ensure that Your transactions conform to the applicable rules of the software for the Digital Asset (especially with smart contract systems like Ethereum).  

There may be transaction fees (e.g. mining fees) associated with Digital Asset transactions that are required by the system You engage with. Decentral shall not be responsible for any losses You incur due to transaction fees or losses that occur due to incorrectly set transaction fees (i.e. too low or high).

8. Limited Intellectual Property License

Decentral licenses the Jaxx Software to You on a personal, non-exclusive, royalty-free, non-transferable, worldwide-basis, for the purpose of holding and transferring Digital Assets.

You are not permitted to re-distribute the Jaxx Software, modify any code or use any Jaxx Software content, including images and text, as part of any other software or project of any kind. You must obtain Decentral’s written permission before acting contrary to copyright law or the terms of this clause.

9. Third Party Libraries

The Jaxx Software contains libraries developed by third parties. Decentral may provide third party libraries to You as part of the Jaxx Software solution but shall not be considered to be the owner or licensor of the third party libraries. Please refer to and respect the relevant third-party licenses.

10. Submitted Feedback & Ideas

If You choose to provide feedback on the features or functions of the Jaxx Software (“Submitted Feedback”) then You shall be deemed to have given permission to Decentral to incorporate Your Submitted Feedback into the Jaxx Software. Decentral shall be free to make use of Your Submitted Feedback without royalty or obligation of any kind.

11. Specifically Disclaimed Risks

Using Digital Asset-related software necessarily entails many risks. Decentral specifically disclaims and shall have no liability to You for the following risks:

a) operating system failures (mobile or desktop); and,

b) interactions between Your hardware, software and the Jaxx Software; and,

c) cloud backup software (e.g. certain Android distributions) may upload your private files/information to third party services; and,

d) malware, viruses or other malicious software on Your device that is able to take control of or interfere with the Jaxx Software; and,

e) communication delays between Your Jaxx Software and a node or relay service for a Digital Asset (and vice versa); and,

f) failure to achieve a certain market value/price for a Digital Asset, whether through a third-party service or any other kind of transaction (i.e. due to delays); and,

g) theft of Digital Assets.

12. No Warranty

The Jaxx Software is provided to You at no cost, “as-is” and without any warranty whatsoever, to the maximum extent permissible by law. Without limiting the generality of the foregoing, Decentral does not warrant that the Jaxx Software is fit for Your purpose, even if You have previously provided notice of Your intended purpose, and does not warrant that the Jaxx Software will operate in a bug-free manner.

13. Limitation of Liability

Decentral's liability to You shall not, under any circumstances, exceed the greater of:
a) the Canadian dollar value of 0.01 bitcoins; or,
b) $50 CAD.

Notwithstanding any term of this agreement, Decentral shall not be liable for any losses or damages that result from providing free technical support to You.

14. Indemnity

You agree to indemnify Decentral against any claims, damages, losses or legal fees incurred due to Your use (or misuse) of the Jaxx Software.

15. Non-Waiver

No action or inaction of Decentral shall be considered a waiver of any right or obligation by Decentral.

16. Amendment

This agreement may be amended by Decentral by providing You with 30 days notice of any proposed change. If You do not agree to the amended terms then Your sole remedy shall be to cease using the Jaxx Software.

17. Assignment

You may not assign this agreement. Decentral may assign this agreement upon 15 days notice.

18. Governing Law and Choice of Forum

This agreement shall be governed by the laws of Ontario, Canada. Any disputes related to this agreement or the Jaxx Software shall be heard in the courts of Toronto, Ontario, Canada.

19. Entire Agreement

This is the entire agreement between the parties and supersedes any other agreement, representations (or misrepresentations), or understanding, however communicated.

Privacy Policy

1. Principles:

a) Privacy is a human right and software should help protect your rights.
b) We don’t require you to register or log in.
c) We don’t have access to your funds (private keys).
d) We don’t require your name or email address.

2. Registration/Login Not Required

Jaxx does not require you to register or log in.

3. Private Keys Stay on Device

Your private keys will stay on your device.

4. Camera Data Stays on Device

Your camera will only be used for reading QR codes.Camera images will never leave your device.

5. Physical Location

Your physical location will never be communicated to us, unless you provide prior specific consent.

6. Blockchain Transactions

Your blockchain transactions may be relayed through servers (“nodes”) and will be publicly visible due to the public nature of distributed ledger systems.

7. Secure Communication with Our Servers

All of our servers support HTTPS.

8. Communication with Third-Party Servers

Exchange rates, balances, transactions and other blockchain information may be read from, or relayed to, third-party servers. We cannot guarantee the privacy of your Internet connection.

9. Third-Party Services

Jaxx has software integrations with third-party services that you may choose to use, for example, Shapeshift. If you do use third-party services through Jaxx then they will be clearly marked and there may be other terms or privacy policies that apply.

10. Aggregate Usage Statistics

We may collect Jaxx usage information in order to improve function or UI, but will only use this information in an aggregated, anonymized fashion, and never in association with your name, email, or other personally identifying information(Personally Identifying Information).

11. Optional Extra PII

You may choose to provide us with personally identifying information in order to participate in certain programs, activate features, or obtain other benefits but you will always be able to use the basic features of Jaxx without providing personally identifying information. If you provide us with personally identifying information then, notwithstanding any part of this policy, we may use that information in order to provide you with services or to improve the functioning or UI of Jaxx.

12. All User Information is Confidential

Your personally identifying information will be kept strictly confidential and never provided to third parties (other than in an aggregated, anonymized report such as number of users per month).

All Jaxx staff are bound by confidentiality agreements.

13. Support Requests

If you contact support then as part of the support request we may incidentally collect your personally identifying information but we will endeavor to keep that information secure and confidential. Support information may be managed using a third-party service and further terms of that service may apply to your support request.

14. Privacy Questions

Questions should be directed to: [email protected]

Jaxx reserves the right to change or amend any part of its Privacy Policy at any time in the future.

© Decentral Inc. Maple Leaf Made in Canada