We may change, add or delete these Terms or any portion thereof from time to time at our sole discretion. We may also make such changes to the Site and the Services, including change or discontinuation of certain features or functionality. Your continued access or use of the Site and/or the Services constitutes your acceptance of these changes and any updated or modified Terms. Please check this space regularly for updated or modified Terms.
- Your Eligibility to use Our Services
3.1 You may use our Site and Services if you are legally capable and authorised to access and use them. If you are under the age of 18, you must obtain the consent of your parent or legal guardian before you can use our Services.
3.2 Your use of and registration on the Site and our Services is void where prohibited. By using this Site and/or our Services you are representing and warranting that:
(a) you agree to and shall abide by these Terms,
(b) you are eighteen (18) years of age or older and the age of majority of your jurisdiction of residence, are legally capable to enter into binding contractual agreements and accept and agree to these Terms,
(c) you are not (i) the target of any laws administered by the United States Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) or any other governmental entity imposing economic sanctions and trade embargoes (“Economic Sanctions Laws”) or (ii) located, organized, or resident in a country or territory that is, or whose government is, the target of sanctions imposed by OFAC or any other governmental entity;
(d) you have not been previously suspended or removed from the Site or any of the Services or prohibited from receiving the Services;
(e) your use of the Services is legal in your local jurisdiction, and you are not and will not use the Services if such use is prohibited or otherwise violates the laws of the country, state, province, or other jurisdiction in which you reside or of which you are a citizen and you will comply with;
(f) if you are acting on behalf of a company, you shall not:
(i) register, more than once, the same business or entity;
(ii) operate or otherwise utilize an account opened in the name of a business or company for the benefit of any persons other than that business or entity;
(ii) operate or otherwise utilize an account opened in the name of a business or company for any purpose prohibited by law or regulation, any activity which that business or company is not duly authorized to conduct, or for any purpose prohibited by any other you represent and warrant that you are duly authorized in accordance with the foregoing by the business or other company on behalf of which you are acting, that you have the power and authority to enter into binding legal agreements on behalf of the business or entity or in the capacity in which you are acting (including these Terms).
(iv) act or cause the business or company to violate any of these Terms, or otherwise violate any other legal agreement between the business or company and us
(v) all email addresses provided on behalf of the business or company are and will be used by the business or company or business purposes;
(vi) represent or portray the business or entity as being affiliated with Knabu in any capacity other than being a user of the Site or Services without Knabu’s prior written consent.
3.3 By registering on the Site and/or for the Services, you represent and warrant that you are duly authorized in accordance with the foregoing by the business or other entity on behalf of which you are acting, that you have the power and authority to enter into binding legal agreements on behalf of the business or entity or in the capacity in which you are acting, and that the business or entity is in good standing in each jurisdiction in which it is registered to conduct business to the best of your knowledge. Furthermore, you represent and warrant that such business or other entity will abide by all of the terms and conditions and any service agreements. If you, the business or entity, any other person acting on behalf of the business or entity violate any of these Terms, or otherwise violate any other service agreement between the business or entity and us, we may prohibit you, such business or entity and any other person acting on the business or entity’s behalf from using or accessing the Services.
- Transaction Management, Risk Mitigation & Wallets
4.1 We help organisations secure transactions by providing an additional layer of security. Our Thresh0ld Service is a transaction management platform that reduces the risk of lost or stolen private keys and makes your digital asset management easy. We do not hold or store private keys on behalf of customers, provide custodial wallets or administer funds on your behalf. All customers retain full ownership and control of digital assets when using our Services. By requesting or using the Services, you authorize us to take all necessary actions in our discretion to effectively provide the Services to you and to comply with applicable laws. We are not a bank nor do we purport to act as a bank or financial institution.
4.2 Our Thresh0ld Service permits you to self-custody digital assets, organise network addresses, view transaction history and transact in digital assets. The Thresh0ld Service is only capable of supporting certain digital assets. While we contribute our computing power for broadcasting transactions to public digital asset networks, our software does not generate a cryptographic private and public key pair to send and receive digital assets. You must store, outside of the Services, a backup of all wallet credentials, including your passphrases, identifiers, backup phrases, private keys and network addresses. We are not responsible for maintaining this data on your behalf.
4.3 We have no control over any digital asset network and therefore cannot and do not ensure that any transaction performed will be confirmed on the relevant network. Any transaction you make using our Services may not be completed, or may be substantially delayed, by the digital asset network used to process the transaction.
- Access and Use Rights
5.1 Subject to your compliance with all the terms and conditions set out in these Terms, we grant to you a limited, non-exclusive, non-transferable, freely revocable right to access and use the Site and the Services to the extent and in accordance with these Terms.
5.2 We reserve the right to exercise whatever lawful means it deems necessary to prevent any unauthorized use of any of the Site and/or Services including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
- Your Responsibilities
6.1 By using the Site or Services, you acknowledge and agree that all at times you are responsible for:
- Managing Your Keys. You are solely responsible for maintaining the security of any private keys you hold to access your digital assets. You are solely responsible for maintaining secure back-ups of your private keys which is not part of the Services we provide.
- Your digital asset transactions. You are responsible for all decisions related to purchasing, holding, transferring or selling your digital assets.
- Your legal compliance. You must ensure that your use of the Site and Services complies with applicable law at all times and is not for any illegal or unlawful purpose.
- Your information. You must provide true, accurate, complete and current information to us and keep your information updated.
- Passwords and Security. You are responsible for maintaining adequate security and control of any and all credentials, passwords, private keys, identifiers and any other codes that you use to access the Services. You will prevent unauthorized access to or use of the Services using your credentials, and notify us promptly of any such unauthorized access or use. You must not authorize any third party to access or use the Services on your behalf, unless we provide an approved mechanism for such use. You will notify us at email@example.com of any security breach of your processes, systems or network as soon as possible. You will cooperate with us in the investigation of any suspected unauthorized access to or use of the Services using your credentials and any security breach of your processes, system, or network, and provide us with the results of any third-party forensic investigation that you undertake. You will be responsible, and Knabu will have no liability, for all activity that takes place using the Services with your credentials, whether or not authorized by you.
- Risks. You acknowledge that using digital assets, their networks and protocols, involves serious risks. It is your duty to learn about all the associated risks. Even if Knabu alerts you to some of these risks, we have no responsibility to alert you to all these risks. We have no control over, and make no representations regarding (a) any periods of time during which you may require our Services and there are fluctuations in value of your digital assets (b) the security of digital assets, their networks or protocols.
- Designated Party. You agree to designate a party and provide full contact information as requested in case of an event where you discontinue our Services so that we can provide such information to such designated party as needed.
- We Are Not an Exchange. We are not a digital asset exchange. You are solely responsible for your compliance with all applicable laws and shall indemnity us from all claims, losses, damages, liabilities, including legal fees and expenses, arising out of or related to the use of our services including the violation (whether intentional or not) of any applicable laws.
6.2 Our Thresh0ld Service is intended for professional businesses that are familiar with and use digital assets. By using this Service you acknowledge and agree that you and the business you act on behalf of are familiar with such use and associated risks, even if not expressly particularised in these Terms.
Knabu may charge and you shall pay a fee in connection with any of the Services (as modified from time to time, collectively, the (“Fees”) in its sole discretion. If Knabu has provided you access to any of the Services (for example, the Thresh0ld service) in return for a fee, this license is conditioned on your payment of the fees due. ALL FEES, ARE NON-REFUNDABLE, NON-CANCELLABLE AND NON-CREDITABLE UNLESS REQUIRED BY LAW. Knabu, in its sole discretion, for any reason (including for non-payment) or no reason, and without penalty, may suspend or terminate your use of the Services.
- Cancellation of Services
To cancel any Services for which we charge a fee, you must give us the prescribed notice. Fees are payable during the notice period during which the Services are provided.
Knabu shall provide technical and other support with respect to the Services. Usual support hours are 10:00 am to 6:00 pm CET, Monday through Friday. Please contact us at support [at] thresh0ld.com
- When We May Refuse To Act
Knabu may refuse to act or decline to act where we reasonably believe or have any suspicion that:
- We may be in breach of any applicable law or face action from a regulator or other authority;
- The use of our Services may be linked to activity that breaches any applicable law, constitutes illegal activity, is linked to the Dark Web or is in breach of any other agreements with Knabu;
- A material event has happened with the blockchain ecosystem, UK banking or financial system that reasonably restricts or prevents us in executing any of the instructions, notwithstanding all reasonable attempts made by us to prevent such an occurrence;
- We have a reasonable belief that any instructions to us has not been properly authorised or permitted or has been in any other way been intercepted or compromised;
- We have reasonable knowledge or suspicion that any customers are subject to a freezing order or any other sanctions.
- Prohibited Use
11.1 You agree not to do any of the following, which strictly prohibited:
- Provide any information that is false, misleading, inaccurate, or incomplete,
- Impersonate any person or entity,
- Copy, modify, alter, adapt, make available, in any way translate, port, reverse engineer, decompile, disassemble, decipher, decompile, disassemble or otherwise attempt to derive source code, algorithms, tags, specifications, architectures, structures or other elements of or any portion of the Site or Services,
- “Framing,” “mirroring,” or otherwise simulating the appearance or function of any of the Services or place pop-up windows over the Site’s pages,
- Take any action that imposes, or may impose at our sole determination, an unreasonable or disproportionately large load on the Site or Services,
- Use any of the Services for the benefit of anyone other than your organization, including selling, reselling, distributing, hosting, leasing, renting, licensing or sublicensing, in whole or in part, any of the Services,
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site or Services,
- Prepare any derivative work of any of the Site or Services, or any other program based upon any of the Services,
- Authorize any third party to use the Services on your behalf,
- Make unsolicited offers, advertisements, or proposals, or send junk mail or spam to other Users of any of the Services (including, but not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures),
- Share your log-in or security credentials with any third party,
- Engage in any type of fraudulent activity including attempting to defraud Knabu or any user of the Site or Services,
- Disrupt or interfere with the Site’s and/or the Services’ operation or the servers or networks that host them,
- Make any use of the Site or Services such that they are interrupted, damaged, rendered less efficient, or their effectiveness or functionality is in any way disabled or impaired,
- Interfere with, circumvent or disable any security or other technological features or measures of any of the Site or Services or attempt to gain unauthorized access to any of the Site or Services or its related systems or networks;
- Use the Site or Services in a manner which constitutes a violation or infringement of any third party or company (including but not limited to rights of confidentiality),
- Share or disclose information of others without their express consent,
- Use this Site or Services contrary to these Terms or for any illegal, unlawful or unauthorized purpose including, but not limited to, money laundering, terrorism financing, obscenity, pornography, violence, transmission of deceptive messages, or harassment,
11.2 We reserve the right to suspend or terminate your account and refuse any and all current or future access and use of the Site and the Services (or any portion thereof) without notice or liability to you for a violation of these Terms, such violation being determined in our absolute discretion.
- Intellectual Property
‘Knabu’, ‘Thresh0ld’, the Thresh0ld logo, the Thresh0ld brand and all other trademarks, service marks, graphics and logos used in connection with the Site are trademarks or registered trademarks of Knabu Distributed Systems Ltd. or its subsidiaries (collectively the “Marks”). The Marks may not be copied, imitated or used, in whole or in part, without our prior written permission. All text, graphics, designs, logos, icons, images, audio and video clips, data compilations and information contained on this Site and the user interface, content, and the scripts and software used to implement the Services are owned or controlled by Knabu or its content suppliers and is protected by English and international copyright laws. You agree that you will not use such proprietary information or material in violation of these Terms. For the avoidance of doubt, all rights in Thresh0ld.com are owned by us. All rights reserved.
- Testimonials And Other Comments
We may now or in the future request or permit the submission of testimonials and other comments (in the form of written comments or voice or video recordings) regarding the Services (collectively, the “Testimonials”). If you submit any Testimonials, we shall own and have the unrestricted right to use any Testimonials (and your name in connection with such Testimonials) without restriction or payment of any kind to you, including the right to display, distribute and otherwise exploit your Testimonial and name for advertising and other purposes.
- Third Party Sites
The Site and Services may include links or references to other web sites or services (“Third Party Sites”) provided solely for convenience. We do not endorse any such Third-Party Sites or the information, materials, products, or services contained on or accessible through Third Party Sites, which are available solely at your own risk.
- Site or Services Updates
We may, in its sole discretion, make unscheduled deployments of changes, updates or enhancements to the Site or Services at any time. We may add or remove functionalities or features, and we may discontinue the Site or Services altogether.
- License and Restrictions.
Subject to compliance with these Terms and any additional terms provided to you, we grant you a limited, non-transferable, non-exclusive, revocable license to use the Services. This license is conditioned upon and restricted by the terms and conditions in these Terms. You may not assign (or grant a sub-license of) your rights to use the Services, grant an interest in or over your rights to use the Services, or otherwise transfer any part of your rights under these Terms. No title to or ownership of any proprietary rights related to the Services is transferred to you pursuant to these Terms. All rights not explicitly granted to you under these Terms are reserved by us.
- Force Majeure; Digital Asset Protocols & Forks
17.1 We shall not be responsible for our failure to perform or any delay in performance of any obligation by us hereunder due to events beyond our control, including but not limited to telecommunications, power or internet failures, acts of government, change of law or license requirements, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond our reasonable control. The time for performance shall be extended by the period of such delay. We shall take all reasonable steps to mitigate the effects of any force majeure event.
17.2 We do not own or control the underlying software protocols which govern the operation of digital assets, also known as cryptocurrencies. Digital asset protocols are subject to changes in protocol rules causing the protocol to split in such a way as to result in more than one related version of a digital asset (referred to as “forks”). Such forks may materially affect the value, function, or name of the digital asset. We are not responsible for operation of the underlying digital asset protocols nor do we guarantee their functionality, security, or availability. In the event of a fork occurs, we may in our absolute discretion:
(i) (temporarily) suspend the Services relating to the digital asset affected,
(ii) not support the forked digital asset protocol entirely or
(iii) configure the Services to enable you to transfer the affected digital asset.
By using the Site or Services, to the extent permitted by law, you agree to indemnify and hold harmless Knabu, its directors, officers, employees, personnel, agents, contractors, affiliates and licensors with respect to: (a) any claims arising out of your breach of these Terms, (b) your use of the Site or Services (c) any action taken by Knabu in investigating a suspected violation of these Terms or due to its finding or decision that such a violation has been committed.
- Disclaimer & Liability
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND/OR THE SERVICES IS AT YOUR SOLE RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS AND WITHOUT GUARANTIES OR WARRANTIES OF ANY KIND. THE INFORMATION DISPLAYED OR CONTAINED ON THE SITE OR VIA THE SERVICES MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. YOU EXPRESSLY AGREE THAT THE USE OF ANY OF THE SERVICES, AND ANY DATA, ASSESSMENTS, RESULTS, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT, THIRD PARTY SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH ANY OF THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SITE OR SERVICES WILL BE UNINTERRUPTED, RELIABLE OR ERROR-FREE. WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE AMOUNT OF TIME NEEDED TO PROCESS OR COMPLETE ACTIONS WHEN USING THE SITE OR SERVICES.
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL KNABU, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KNABU OR THROUGH THE SITE OR THE SERVICES OR THE CRYPTOCURRENCY SECURED LOANS WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
We reserve the right to modify these Terms at any time in our sole discretion by posting the updated Terms on the Site. Please check this space regularly for any such changes. You shall be responsible for reviewing and becoming familiar with any such changes. Continued use of the Site and/or Services constitutes your acceptance of these Terms as updated.
- Severance and Waiver
In the event any provision of these Terms is held by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, in any respect, the validity, legality, or enforceability of the remaining terms and conditions contained herein shall not in any way be affected or impaired. In such event, you agree that any such invalid provision shall be validly reformed by the court to as near as possible to the original intent of the provision, and if not reformable, shall be severed and deleted from these Terms.
- Dispute Resolution
All terms shall be governed by and construed in accordance with the laws of England without regard to the conflict of laws provisions thereof. English courts will have exclusive jurisdiction over any claim arising from, or related to, these Terms although we retain the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country.
If you have any questions or comments, please contact us at info [at] thresh0ld.com
Date: 8 March 2022