BEFORE ACCESSING, USING OR DOWNLOADING OUR SERVICES (AS DEFINED BELOW), PLEASE READ THE BELOW TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR DOWNLOADING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE.
If you are accepting these terms on behalf of an entity, you confirm that you are authorized on behalf of that entity to agree to be bound by these Terms and all terms incorporated by reference.
P2P DERIVATIVE SERVICES ARE NOT READY FOR GENERAL COMMERCIAL RELEASE AND MAY CONTAIN BUGS, ERRORS, DEFECTS, OR HARMFUL COMPONENTS. ACCORDINGLY, CRYPTO GARAGE, INC. (“CRYPTO GARAGE”) IS PROVIDING P2P DERIVATIVE SERVICES TO YOU “AS IS.”
P2P DERIVATIVE SERVICES ARE INTENDED TO BE USED ON THE BITCOIN TESTNET OR BITCOIN REGTEST ONLY AND IS NOT INTENDED TO BE USED ON THE BITCOIN MAINNET. USING THE SERVICES ON THE BITCOIN MAINNET MAY RESULT IN THE LOSS OF YOUR FUNDS, AND CRYPTO GARAGE SHALL NOT BE RESPONSIBLE FOR ANY RESULT ARISING OUT OF SUCH UNINTENDED USE OF THE SERVICES.
CRYPTO GARAGE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE REGARDING P2P DERIVATIVE SERVICES THAT THEY WILL (i) BECOME GENERALLY AVAILABLE; (ii) BE UNINTERRUPTED; (iii) ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR; (iv) THAT ANY CONTENT, INCLUDING YOUR CONTENTS (FINANCIAL CONTRACT RELATED DATA AND/OR CONDITIONS UPLOADED TO P2P DERIVATIVE SERVICES) , WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, CRYPTO GARAGE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.
This binding Agreement is between Crypto Garage and the person, persons, or entity (“You” or “Your”) using the Services.
These Terms apply to our P2P Derivative Services (a rich client application developed and provided by Crypto Garage which allows parties to create, broadcast, and redeem monetary contracts on the Bitcoin Blockchain, using an Oracle (a server outside the blockchain developed by Crypto Garage which provides information to setup a contract between parties, and on maturity publishes the signature data for the contract by referencing market prices), and any of our other services, including but not limited to, the Pricer (a supplementary Google Sheets tool that assists in the pricing of P2P derivatives contracts) related to or utilizing any of the foregoing, which we refer to in these Terms and Conditions documents (“Terms” or “Terms of Use”), collectively, as our “Services”).
If You use the Services these Terms apply. You will be solely liable for any damage or consequences arising from use without the full acceptance of the rules.
You can use our Services only if You can lawfully enter into an agreement pursuant to these Terms under applicable law. You acknowledge that Your use of the Service is at Your own discretion and in compliance with all applicable laws and regulations.
It is Your own responsibility to ensure that the use of the Service complies with Your local laws and jurisdiction.
With our Services, You and only You may access and transact with the Account ID and password You set. You are responsible for all activities that occur under Your Account ID, regardless of whether the activities are authorized by You or undertaken by You, Your employees or a third party (including Your contractors and agents), and Crypto Garage is not responsible for unauthorized access to Your Account ID.
You are responsible for properly configuring and using the Service and otherwise taking appropriate action to secure, protect and backup Your Account and Your Contents in a manner that will provide appropriate security and protection, which might include use of encryption to protect Your Content from unauthorized access and routinely archiving Your Contents.
CRYPTO GARAGE EXPRESSLY DECLARES THAT IT DOES NOT STORE, HAVE ACCESS TO, OR HAVE ANY WAY OR MEANS OF RECOVERING YOUR BACKUP.
(1) By using the Services, You shall be deemed to have agreed to the storage of Your Contents in Japan (2) Crypto Garage will not access or use Your Contents except as necessary to maintain or provide the Services, or as necessary to comply with the law or a binding order of a governmental body. (3) Crypto Garage will not disclose Your Contents to any government or third party except in each case as necessary to comply with the Laws and Regulations (as defined below) or a binding order of a governmental body or any other equivalent self-regulatory body.
Crypto Garage may add or modify terms related to access to or use of any Services at any time. If You do not agree to any amended Terms, You must discontinue using our Services.
You agree that You will not use the Services for commercial use or to perform any type of illegal activity of any sort or to take any action that adversely affects the performance of the Service. Use of the Services in a manner contrary to local law is generally prohibited.
The prohibition of this paragraph includes, but is not limited to, the following prohibited activities: (i) act that hinders the smooth operation of the Services by Crypto Garage; (ii) act of infringing (including act to cause such infringement directly or indirectly) Intellectual Property Rights (copyrights, patent rights, utility model rights, trademark rights, design rights and any other intellectual property rights), portrait rights, privacy, reputation, credibility or other rights or interests of Crypto Garage or other third parties; (iii) acts relating to money laundering or other similar acts; (iv) acts in relation to criminal acts, or against public morals and order; (v) violations of Laws and Regulations (conventions, laws, cabinet orders, ministerial orders, regulations, notices, municipal ordinances, judgments, decisions, arbitration awards, decrees, administrative guidance, supervisory guidelines, and guidelines of related countries applicable to the Services, Crypto Garage and users, as well as written guidance, recommendations or similar notices by related authorities targeting Crypto Garage or users, and regulations and rules of self-regulatory bodies); (vi) transmission of information that includes computer viruses and other harmful computer programs; (vii) falsification of information that can be used for the Services; (viii) transmission of data of a size greater than a certain threshold designated by Crypto Garage via the Services; (x) acts that may interfere in the operation of the Services by Crypto Garage; (xi) acts for the purpose of providing benefits to Anti-Social Forces (an organized crime group, organized crime group member, a person who formerly was an organized crime group member within the last five years, associate member of an organized crime group, company related to an organized crime group, corporate racketeer (sokaiya) group engaging in criminal activities under the pretext of conducting social campaigns or a crime group specializing in intellectual crimes, or parties judged to be similar to the above); (xii) acts that will cause directly or indirectly, or facilitate commission of the acts set forth in the preceding Items; (xiii) violation of this Terms; or (xiv) any other act judged inappropriate by Crypto Garage, in addition to the above Items.
You will defend, indemnify, and hold harmless Crypto Garage, its affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any losses arising out of or relating to any third-party claim concerning breach of the Agreement or violation of applicable law by You, or Your Contents. You will reimburse Crypto Garage for reasonable attorneys’ fees, as well as Crypto Garage's employees’ and contractors’ time and materials spent responding to any third party subpoena or other compulsory legal order or process associated with third party claims described above at the Crypto Garage's then-current hourly rates.
Crypto Garage’s trademarks, service marks, designs, logos and trade names that are displayed on our Services are referred to in these Terms collectively as the “Materials”. Crypto Garage hereby grants You a limited, non-exclusive, revocable, non-transferable and non-sublicensable license to access and use the Materials for Your use of the Services solely in accordance with these Terms. This license is not intended to be broadly construed, and Crypto Garage reserves all rights not expressly granted herein
You may provide Crypto Garage with information relating to Your access, use, testing, or evaluation of the Services, including observations or information regarding the performance, features, and functionality of the Services (“Test Observations”). Any feedback (or similar content/document, feature suggestion) You submit is non-confidential and will become the sole property of Crypto Garage. Crypto Garage will be entitled to the unrestricted use and dissemination of such feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to You. You may not use any Test Observations except for Your own evaluation purposes of any service related to the Services.
Test Observations, suggestions concerning the Services, and any other information about or involving (including the existence of) any Test Observations and feedback are included in the Crypto Garage’s Confidential Information.
The software included with the Services (the “Software”) is open-source under the MIT license and includes the following:
Permission is hereby granted, free of charge, to any person obtaining a copy of this Software and associated documentation files to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
The warranty issues covered by the MIT license are addressed in the first paragraph of these Terms.
Crypto Garage may suspend or terminate Your access to or use of any Services at any time. Your access or use of the Services will automatically terminate upon the release of a generally available version of the applicable or upon notice of termination by Crypto Garage. After the suspension or termination of Your access or use of the Services for any reason, (a) You will not have any further right to access or use the Services, and (b) Your Contents used in the Services may be deleted or become inaccessible.
Crypto Garage is not a regulated or a licensed financial institution, and is not required to hold any payment processing, custodial, advisory, or other digital asset related license, registration, permit, or authorization. You acknowledge that using digital assets and blockchain-based solutions, networks and protocols may involve serious risks. Further, the Pricer is a tool to help You calculate the option premiums and generate the outputs needed for uploading financial contract related data to the Services. However, the Services, including but not limited to the Pricer, do not and are not intended to constitute investment/tax advice or an offer or solicitation for the purchase or sale of any financial instrument or as an official confirmation of any transaction. We strongly recommend that You take financial and professional advice before making any financial decisions.
CRYPTO GARAGE SHALL NOT BE LIABLE FOR ANY DAMAGES INCURRED BY YOU WITH RESPECT TO ACCESS AND USE OF THE SERVICES.
If for any reason a court of competent jurisdiction finds any provision of these Terms to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
These Terms and all disputes of any kind arising between You and Crypto Garage shall be governed by the laws of Japan without regard to the principles of conflict of laws. All disputes and claims relating to the use of the Services by You shall be submitted to the Tokyo District Court (or the Tokyo High Court if the Tokyo District Court cannot be used as the court of first instance due to the nature of the dispute) as the exclusive court of first instance, and You agree to the exclusive jurisdiction and venue of the court of first instance.
Any failure or delay by us to exercise or enforce any right or remedy provided under these Terms or by law will not constitute a waiver of that or any other right or remedy, nor will it preclude any further exercise of that or any other right or remedy. No single or partial right exercise of any right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
Crypto Garage may assign these Terms to its parent company, affiliate or subsidiary, or in connection with a merger, consolidation, or sale or other disposition of all or substantially all of its assets. You may not assign these Terms or Your use of or access to the Services at any time.
These Terms, together with any other terms incorporated into these Terms by reference and any other terms and conditions that apply to You, constitute the entire and exclusive agreement between Crypto Garage and You regarding its subject matter, and supersede and replace any previous or contemporaneous written or oral contract, warranty, representation or understanding regarding its subject matter. You acknowledge and agree that You shall have no remedies in respect of any statement, representation, assurance or warranty that is not set out in these Terms (or any other terms that are incorporated herein by reference).
Crypto Garage will not be liable for delays in processing or other non-performance caused by any cause beyond their reasonable control, including natural disasters, significant diseases, labor disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, accidents with communication lines, problems related to performance values such as response time, problems caused by hardware and software that are not manufactured by Crypto Garage, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war. The damages and consequences arising from these shall be borne by You.
The provisions of Sections 2-5 and 7.2 shall survive the termination of these Terms.
This policy describes the ways Crypto Garage collects, stores, uses and protects personal information. The purpose of this policy is to ensure that Crypto Garage complies with applicable Japanese and other statutory data protection laws and regulations, and ensures that users are provided privacy protection. Data protection laws are generally relevant in case any processing of personal data is concerned. The definition of "processing" of personal data means any operation or set of operations performed on personal information.
“Personally identifiable information” (“personal information”) is any information that can be directly associated with a specific person and can be used to identify that person. A prime example of identifiable information is a person’s name.
The Services are designed to be used without indication of any personal data. For this reason Crypto Garage does not have personal information collecting solutions built into the Services. There may only be one personal data processing in the Services in case that You enter your personal information as Your account ID into the Services. These account IDs are solely used to authorize your entering into the Services. If You personally wish to delete or remove your personal information, Crypto Garage shall abide by such wishes in good faith according to the laws and regulations. Regarding delete or removal of personal information, please contact us by sending an email to [email protected].
We expressly declare that we do not manage or store any other personally identifiable information. By using our Services, You agree with this policy, in accordance with Section 1.2 of the Terms and Conditions
We will not link Your wallet and Your personal information (such as Your account ID and IP address) provided under the Services. Crypto Garage will only process data which are essential to provide our Services. Data will not be used or stored by other means than set out in this document and are made accessible only to a restricted and necessary number of persons. We do not transfer any personal data to third parties. All employees of Crypto Garage have been informed about applicable data protection provisions as well as data security measures and are bound to our privacy practices.
Cookies are small pieces of data that are transferred between a Web server and your Web browser and stored on your computer or mobile device as a file. We do not use any Cookies with regards to the Services.
We may amend this policy at any time by posting a revised version on this website. The revised version will be effective at the time we post it. In addition, if the revised version includes any substantial changes to the manner in which Your personal information will be processed, we will provide You with 30 days prior notice by posting notification of the change.
In case You have any questions concerning Crypto Garages’ Privacy Policy or if You would like to exercise Your right of information, rectification or deletion, please send us a written request outlining Your desire to: [email protected].
Update July 3, 2020