Spatium Application User Agreement

April 24, 2020 

This User Agreement (hereinafter the «Agreement») is an agreement concluded between CASPIAN TECHNOLOGIES PTE LTD (hereinafter «We», «Us», «Our», «Copyright Holder») and a person using the Spatium Application (hereinafter «You», «Your», «User»). The agreement governs the use of the Spatium mobile application (hereinafter the Application).

BY PRESSING THE «ACCEPT» BUTTON, ENDING REGISTRATION OR STARTING USE OF THE APPLICATION, YOU CONFIRM THAT YOU ACKNOWLEDGE AND ACCEPT THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THE AGREEMENT, YOU CANNOT GET ACCESS OR USE THE APPLICATION.

Subject to the terms and conditions of this Agreement, we provide you with a limited, revocable, non-exclusive license only to the extent necessary for you to use it without the right to sublicense to installations, copy and use the Spatium Application, as well as without such a right in relation to its functions, algorithms, design, and any other intellectual property.

In accordance with the above the Parties agreed on the following:

1. Definitions

«Account» - an account in the Application created during registration, providing the ability to use the functions of the Application and belonging to a specific user.

«Organization serving the Application» - a legal entity (subsidiary) wholly owned by CASPIAN TECHNOLOGIES PTE LTD, authorized by the relevant agreement with CASPIAN TECHNOLOGIES PTE LTD to provide technical support, pay for the services necessary for the operation of the Application, and other support for the functioning of Spatium.

«Spatium» - a mobile application (cryptocurrency wallet), using which you can have the opportunity to receive, send crypto assets and access resources for their exchange, as well as be able to otherwise manage digital assets and crypto-assets.

«User» - a person with sufficient legal capacity to sign (consent to comply) with this agreement, at least 18 years old.

2. Right holder

All rights to the Spatium application belong to CASPIAN TECHNOLOGIES PTE LTD (reg No 201727936N), with its address located in Singapore, 20A Tanjong Pagar Road (088443).

3. Principle of operation and policy on access to data

You are solely responsible for all actions performed in your Account. You agree to immediately inform Us of any cases of unauthorized use of your Account or any other breach of security.

To create an account you need to create a password or a PIN. You invent them yourself. We do not store passwords or PIN codes. They are not known to us. You must protect your passwords and You are solely responsible for using your account. After that, the App functionality, limited by the interface viewing, becomes available.

To access all App functionality, you must go through a backup procedure (registration procedure).

Registration in the Spatium App includes creating an account on the server and saving the account data locally in the file system.

To obtain access to the entire App functionality, it is necessary to complete the backup procedure. There are two backup options: QR code or user's face biometrics (on the user's choice). Both can be used for account data recovery from the server in case of full withdrawal from the application.

If you chose to use biometric data for backup, keep in mind that the neural-biometric system that provides the operation of this algorithm is trained to recognize you, therefore we do not store any images, vectors, or other sensitive information of the User. This is possible because we use the innovative technology of anonymous neural-biometric. Backing up your data will also allow you to restore your account data in case your device is lost, broken or stolen with another gadget or device. Also, in this case, you will need to indicate your email address, which will be used to confirm that the ownership of the specified email is yours. Access Email should be available only to you and in no way should be available to anyone else, it should also be relevant, complete and accurate.

If you have chosen to use a QR code, we recommend that you print the QR code on a physical medium and remove it from the device to reduce the possibility of illegal actions with it by third parties.

The option that looks like and is marked for the user as "log out" from the application, in fact initiates the procedure of complete removal of the account data from the user's device (data reset). That is why the user also needs to perform the backup procedure.

The option that a user understands as "log into account" is actually the recovery of the account data backup from the server, with the use of QR code or user's face biometrics, based on a neural network. This provides the highest security level for the user's data, since no one, including the owners of the server and developers, can perform any illegal actions with the trained neural network.

In case the application is closed without log out, Local Authentication (FaceID and/or system passphrase) is required during subsequent sessions.

3.1 Using the Application allows you to:

• receive, send crypto assets to other recipients;

• save contacts with which you most often perform operations;

• be able to adjust the likelihood of increasing or decreasing transaction fees. Therefore, when you select «dispatch in 0-1 hours«, the probability of increasing the commission increases, and when you select «dispatch in 1-24 hours«, the probability of lowering the number of commission increases. This happens on the basis of the principle of operation of «blockchain technology« and does not use our capacities for such a probability. The commission refers to the corresponding remuneration sent to persons providing liquidity in the blockchain network, the fact of which is standard for transactions using the «blockchain technology«;

• have a list of cryptocurrencies, which is provided in the Application itself;

• limit the amount of the transaction per day that you can make, their number, and indicate the persons to whom such limits do not apply. If you set limits and try to exceed them when making a transaction, you will need to additionally confirm your intention with a password (created during registration in the Application), or using your biometric data.

The options indicated are not limited to this list.

4. Cost of the Application and its functions

Downloading, installation, access, registration, and using the Application are free for you. We do not charge for any services when you use the Application.

The fee may be charged by third-party services, such as exchanges (but not limited to) when performing transactions using the Application. The cost of such services is set in accordance with internal tariffs established by relevant services, exchanges, etc., or the market value at the time of the transaction, or in accordance with another principle established by such a service, exchange, etc.

5. Suspend account use. Prohibition of the Application usage

By using the Application, you agree to comply with all applicable laws.

We may temporarily suspend or permanently delete your account. This is possible if:

A) we will consider that you have violated this Agreement;

B) your actions (actions performed using your account) raise suspicion of criminal actions;

C) there has been a violation by you of these Terms of Agreement or any other applicable rules and instructions that we may apply to the Application;

D) there has been an interference or impaired functionality of Spatium;

E) the security of the Application has been compromised or any security vulnerability in it has been identified;

F) you tried to bypass or manipulate the operation or functionality of the Application, enable or implement functions that are disabled, unavailable or not provided;

G) you try, or make automatic requests, actions;

H) you use robots, search or similar applications, algorithms to collect, compile content from Spatium or into it, including for the purposes to compete with the Application, or do such things in ways that may interfere with the functionality or otherwise degrade the Application;

I) you embed the content or design into the Application that is capable of changing it, using any software, function, gadget, communication protocol or otherwise;

J) you impersonate any natural or legal person or make false statements regarding your identity or affiliation with a natural or legal person;

K) you collect, receive, process personal data of Spatium users without their prior consent;

L) you post or copy links to Spatium from web pages, applications, other sources containing pornographic content or content promoting racism, discrimination;

M) you are involved in any activity that is a criminal offense or entails civil liability;

N) you transferred the use of your account to another person;

O) you have violated any applicable law.

You are solely responsible for the content that you provide through the Spatium Application and for the consequences associated with it.

6. Termination of the Agreement

This Agreement between Us and You terminates in the following cases:

A) if you asked for this by contacting support@spatium.net, https://t.me/spatiumwallet;

B) our desire (the desire of the copyright holder). Such termination does not entail liability to you. In this case, an email notification will be sent to you;

C) violations of the terms by one of the parties to the Agreement;

D) the legislative act or other official order of the authorized body;

Violation of the conditions indicated below may also lead to termination of the account, in addition to civil liability provided by applicable law.

You do not have the right (and cannot allow any third parties):

• copy, modify, adapt the Application or otherwise create derivative works based on it;

• perform engineering analysis, decompile, disassemble or make other attempts to extract the source code of the Software, except as expressly permitted by law in the jurisdiction in which you are located;

• rent, lease, sell, assign, or otherwise transfer rights to the Application;

• delete any indications of personal data contained in the Data Processing Application;

• use in the Service data containing a notice that it belongs to a third party for purposes other than the sale, acquisition, exchange of crypto assets.

When using the Application, you will comply with all applicable laws and regulations.

After the termination of the Agreement, your account ceases to exist (is deleted). After the termination of this Agreement, we terminate the provision, and you terminate access to the Application.

In the event of termination of the Agreement for any reason, you are not entitled to any refund of any fee for using the functions of the Application and any other fees. No data from your previous Reports will ever be available to you.

7. Modification of the Application and Agreement

We have the right to change the terms of this Agreement, the interface, functionality, capabilities of the Application and other, in whole or in part, at any time, by posting a new version of the Agreement when downloading the Application on the relevant resources and in the Application itself.

The date of entry of the updated terms of the Agreement is the next business day from the date of publication of the update. The date of publication of the update is indicated in the text of the Agreement.

You should regularly review this Agreement for updates. You can know about changes to the terms of the Agreement or the Privacy Policy through our notification sent to the registered email address or through another notification in the Application.

If you do not agree with the amended terms of use of the Application, you must stop using the Application. 

8. Warranty

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR THE WARRANTIES EXPRESSLY STATED IN THIS AGREEMENT, CASPIAN TECHNOLOGIES PTE LTD, OR ORGANIZATION SERVING THE APPLICATION MAKES NO OTHER EXPRESS, IMPLIED OR OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES CONCERNING QUALITY OF SERVICES, FITNESS FOR ANY PARTICULAR PURPOSE AND REGARDING THE ABSENCE OF VIOLATIONS OF RIGHTS.

SPATIUM APPLICATION IS PROVIDED ON AN «AS IT IS» AND «AS IT IS AVAILABLE» CONDITIONS, WITH ALL ERRORS. WE AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBCONTRACTORS, AGENTS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE APPLICATION OF ITS CONTENT, FEES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-VIOLATION OF RIGHTS, BRAND, COMPATIBILITY, PRODUCTIVITY, SAFETY, ACCURACY, INCREASED BUSINESS REPUTATION OR EXPECTED BENEFITS.

WE DO NOT WARRANT THAT:

A) THE APPLICATION WILL WORK UNINTERRUPTED WITHOUT ERRORS OR WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;

B) SPATIUM WILL BE FREE FROM MALICIOUS PROGRAMS, VIRUSES OR OTHER HARMFUL COMPONENTS;

C) QUALITY OF APPLICATION AND PLACEMENT IN IT WILL MEET YOUR EXPECTATIONS;

D) THE CONTENT OF THE INFORMATION PRESENTED IN SPATIUM WILL BE ACCURATE, USEFUL OR RELIABLE;

E) THE RESULTS OF USING THE APPLICATION WILL BE SATISFACTORY AND WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.

NO REPRESENTATIONS OR OTHER FACTS, INCLUDING QUALITY, SUITABILITY OF USE, ETC., INCLUDING THE CONTENT SUBMITTED TO SPATIUM IS CONSIDERED TO BE A WARRANTY OF INTERESTED PERSONS FOR ANY PURPOSES IF THIS IS NOT PROVIDED IN THIS AGREEMENT. THEREFORE IT ALL CAN NOT RESULT IN ANY RESPONSIBILITY OF OUR EMPLOYEES.

YOU AGREE AND ACKNOWLEDGE TO USE SPATIUM COMPLETELY OR TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AT YOUR OWN RISK.

9. Responsibility. Compensation

9.1 RESPONSIBILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR EMPLOYEES ARE NOT LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY SIMILAR DAMAGES OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS AND FEES OR LIABILITY ARISING FROM TORT (INCLUDING NEGLIGENCE) RESULTING FROM THE USE OR IMPOSSIBILITY OF USING THE APPLICATION FOR ANY INDIRECT, SPECIAL, PUNITIVE SANCTIONS ESTABLISHED BY LAW, CONTRACT OR OTHER, OR ONLY VENOUSES ARISING FROM OR IN CONNECTION WITH CONTENT, FEES, USE, OR RELATED TO THE IMPOSSIBILITY OF USING THE APPLICATION OR ITS CHARACTERISTICS.

WE ARE NOT RESPONSIBLE:

• FOR ANY MALFUNCTION OR ERROR IN THE STATED FUNCTIONS, OR ARISING FOR ANY FAILURE OR PERSONNEL ERROR;

• FOR LINKS TO CONTENT AVAILABLE FOR APPLICATION;

• FOR REMOVING AN ACCOUNT;

• REFUSAL TO REMOVE AN ACCOUNT;

• FOR STORAGE, REMOVAL, DISCLOSURE AND ANY OTHER USE OR LOSS OF THE CONTENT CONTAINED WITH THE USE OF THE APPLICATION.

• FOR EXCHANGING, PURCHASING CRYPTO ASSETS USING THIRD-PARTY RESOURCES THAT YOU USE TO DO THIS WITH OUR APPLICATION. SUCH THIRD-PARTY RESOURCES INCLUDE THE PROVIDER MoneySwap OU (FOR CONVERTING NON-CASH MONEY TO CRYPTOACTIVES) AND 1INCH AVAILABLE AT THE LINK 1inch.exchange (FOR EXCHANGING CRYTOACTIVES OF ONE KIND FOR CRYPTOACTIVES OF ANOTHER KIND).

FOR EXCHANGING NON-CASH MONEY FOR CRYPTOACTIVES RULES AVAILABLE BY THE LINK https://mercuryo.io/agreement/ AND PRIVACY POLICY AVAILABLE BY THE LINK https://mercuryo.io/privacy/ APPLY TO YOU. 

FOR EXCHANGING CRYTOACTIVES OF ONE KIND FOR CRYPTOACTIVES OF ANOTHER KIND RULES AVAILABLE BY THE LINK https://1inch.exchange/#/legal APPLY TO YOU.

ANYWAY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL MAXIMUM AND AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES SHALL NOT EXCEED THE HALF OF THE PRICE YOU HAVE PAID TO US (IF YOU DID) FOR THE TWELVE MONTH PRECEDING THE EVENT, THAT ALLEGEDLY CAUSED THE SUIT.

9.2 Compensation

To the extent permitted by applicable law, you agree to indemnify at your own expense, to ensure that no harm is caused, and to protect CASPIAN TECHNOLOGIES PTE LTD and its wholly-owned subsidiaries in connection with any claims, lawsuits, proceedings and legal proceedings instituted by third parties against Us or any of its officers, directors, employees, agents or affiliates, as well as with all associated obligations, losses, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees and other litigation expenses) incurred by CASPIAN TECHNOLOGIES PTE LTD or any of its officers, directors, employees, agents or affiliates, organizations serving the application of or in connection with:

• violation by you of any condition or provision of this Agreement;

• your use of the Application;

• your violation of applicable laws, rules or regulations in connection with the Application;

• any representations and warranties provided by you to third parties regarding any aspects of the application;

• any claims filed by Third Parties or on behalf of Third Parties and relating directly or indirectly to your use of the Application;

• violations of your obligations to protect the confidentiality of Third Parties;

• any lawsuit against the actions or omissions of any Third Parties associated with the Application.

CASPIAN TECHNOLOGIES PTE LTD, or an authorized organization serving the Application, will provide you with written notifications of any lawsuits and cases in which you are required to provide us with protection and not to harm. For the purposes of protection in any claim, you must provide full assistance to the extent of reasonable requirements. We reserve the right at our own expense to assume exclusive protection and control on any matter in respect of which your guarantee for damages and exemption applies.

10. Privacy

CASPIAN TECHNOLOGIES PTE LTD and its wholly-owned subsidiaries may save and use information obtained during your use of the Application, subject to the terms of the Privacy Policy posted when downloading the Application from the AppStore and GooglePlay resources, as well as in the Application.

11. Intellectual Property 

All rights and shares in CASPIAN TECHNOLOGIES PTE LTD, including without limitation patents, copyrights, trademarks, company names, service marks, trade secrets, and other intellectual property rights, as well as any business reputation related to them, are the exclusive property of CASPIAN TECHNOLOGIES PTE LTD and its licensors.

You may not copy, reverse engineer, modify or create derivative works of the intellectual property of CASPIAN TECHNOLOGIES PTE LTD by any means or by any means unless you have obtained the prior consent of the copyright holder to do so.

You may not use any name, sign, logo or domain name that before mixing is similar to our signs, logos and domain names on the Internet, or elsewhere. You must refrain from any action or omission that could weaken or damage our business reputation.

12. Jurisdiction

All disputes arising from this agreement are resolved in accordance with the laws of the State of Singapore and within its jurisdiction.

Depending on the volume and nature of the claim, where you and We recognize the equivalent of Singapore dollars, the parties are entitled to apply to the High Court of Singapore (High Court), the District Court (District Court), the Magistrates' Court or the Small Claims Court depending on the volume and nature of your claim.

The parties admit appealing to the Singapore International Arbitration Center (SIAC) with the participation of three Arbitrators.

In the event of a dispute arising from a copyright relationship, the parties to this agreement apply to the Copyright Tribunal of Singapore.

You hereby expressly consent to personal jurisdiction in Singapore and expressly waive any right to object to such jurisdiction or its inconvenience.

Notwithstanding the foregoing, we may file a lawsuit against you in accordance with the above clause for damages in any court considering a third-party lawsuit against us.

13. Other applications, platforms, and resources when interacting with Spatium

The use of Spatium may be subject to additional terms and conditions of third parties that govern the applications market from which you downloaded the application, such as Google Play or the App-store. Such third parties are not responsible for the provision of maintenance and support services regarding the application.

13.1 Relationship with Apple inc.

The following conditions apply if you downloaded the app from the Apple App Store. You agree and acknowledge the following:

These terms are between you and Us, not with Apple Inc. («Apple»). Apple is not responsible for the application. In the event of a conflict between these Terms and the terms of service on the App Store, the terms of service on the App Store will prevail solely concerning conflicting provisions.

The license granted to you to use the application is limited to a non-transferable license to use the application on any iOS products that you own or control, and under the terms of use outlined in the terms of use of the App Store, except that such an application may be available, acquired and used by other accounts related to the buyer through Family Access.

If you do not comply with any applicable warranty (if any warranty applies), you can notify Apple and Apple will refund your purchase price for the application (if you paid). Apple does not have any other warranty obligations concerning the application, and any other claims, losses, liabilities or expenses arising from any failure to comply with any warranty will not be the responsibility of Apple.

Apple is not responsible for handling any claims against you or any third party relating to the application or the use of the application, including:

• the subject matter of the claim;

• any claim that the application does not comply with all applicable laws and regulatory requirements;

• claims arising from the protection of consumer rights or similar legislation.

If any third party claims that the application or your possession and use of the application violate the intellectual property rights of that third party, Apple is not responsible for the investigation, protection, settlement, and enforcement of any such violation claim.

You must comply with the applicable terms of the agreement of third parties when using the application (for example, you must not violate the agreement on the provision of wireless data services when using the application).

Apple and its subsidiaries are third-party beneficiaries of these terms. Once you accept these Terms, Apple will have the right (and will be deemed to have accepted this right) to apply these Terms to you as the third beneficiary.

You represent and warrant that:

• you are not located in a country that is embargoed by the US government, or which has been designated by the US government as a country that supports terrorism;

• you are not on any list of banned or restricted parties to the US government.

13.2 Relationships with GOOGLE

Our relationship with Google LLC, or Google Asia Pacific Pte. Limited, a company incorporated in Singapore with principal place of business at 70 Pasir Panjang Road, # 03-71, Mapletree Business City, Singapore 117371 (Google may update the Google entities and their addresses from time to time) are governed by the Rules under placing the Application on Google Play, as indicated in the text on the link: https://play.google.com/about/developer-distribution-agreement.html.

At the same time, the provisions of these Google policies apply to you, if applicable to you. In this case, using the Spatium Application means consent with the policy.

13.3 Third-Party Platforms

Spatium can interact with third-party services and platforms such as Google, Facebook, Twitter, etc. (hereinafter referred to as the «Third Party Platforms»). For example, you can share your activities with Spatium and invite your friends to use Spatium through Third Party Platforms. The use of these Third Party Platforms is governed by their respective terms of service and not by this Agreement. You are solely responsible for complying with these conditions under which such a third party provides services.

14. Reservations 

No refusals, concessions, changes, additions or derogations from these Terms by Us or following these Terms will be valid unless they are expressed and executed in writing by our authorized representative. Refusal by us to demand the enforcement of any provision of these Terms does not mean a waiver of any of our rights following the provisions of this Agreement.

These conditions do not create any agent, partnership, labor or fiduciary relations between you and Us.

Spatium is not intended as and does not provide any investment or financial advice whatsoever. With respect to any financial or investment decisions, it is strongly recommended that you conduct your own research and due diligence investigation, to properly evaluate the benefits and risks of any investment or financial transaction. It is also strongly recommended that you seek the advice and guidance of qualified accountants, financial advisors, tax advisors, legal counsels and investment advisors, in connection with any investment or financial transaction.

All information presented to you by the Spatium, including reference materials published on or presented to you in the Reports, or in relation to the Services, do not in any way constitute a general offer or investment advice, with respect to an investment or the purchase of products or services presented on Spatium.

You agree to be held completely and fully responsible for your decisions. Spatium does not guarantee the completeness or accuracy of the information presented in the Reports or on the App and is not liable for any errors in actions taken in reliance thereon, including with respect to the release of any funds.

15. Other Conditions 

15.1 Prohibition of transfer of rights without the prior consent of the copyright holder

You may not transfer your rights and obligations following these Terms without our prior written consent. Any attempt or actual appointment of someone by you as the owner of your account, without our prior written consent, is void.

15.2 Case of the reorganization of a legal entity

In the event of a merger or takeover (or other reorganization) of our legal entity, we may, notifying you and not receiving your consent, transfer and delegate these Terms, including all our rights, actions, and obligations contained in this document, to a third party.

15.3 Availability of the Application and its functions

The availability, functioning, quality, and functionality of Spatium depend on various factors, including software, hardware, and communication networks, which are provided by third parties under their responsibility. These factors are not reliable (stably working). Therefore, failures of these parts can occur not through our fault and this does not entail any responsibility of ours.

15.4. The case of the invalidity of one or more of the conditions of this agreement

If any provision of this Agreement is found to be unlawful, invalid or null and void by a competent court, then the provision shall be enforced to the maximum extent permitted by law to reflect, as far as possible, the original intention of this provision and the remaining provisions of this agreements remain in full force and effect.

15.5 Illustrations and Interpretation of Phrases

The section headings in this Agreement are included for convenience only and should not take any part in the interpretation of the terms. All examples and notation are illustrative and not exhaustive.

15.6 Completeness of agreement

This Agreement constitutes the entire agreement between You and Us regarding the subject matter of the agreement and supersedes all previous and current negotiations, oral statements, other agreements.

15.7 Formality of response, request, and arrangements

The official and applicable address to which official inquiries, questions, instructions, and recommendations are sent, and from which official correspondence is conducted in relations related to this Agreement is support@spatium.net or the legal address: CASPIAN TECHNOLOGIES PTE LTD, with its address located at Singapore, 20A Tanjong Pagar Road (088443), unless otherwise specified in the Service Agreement for the Application, which provides for the possibility of obtaining all or all of the above from another legal entity.

16. Contacts

You can contact Us on any issue by writing to email support@spatium.net or in Our telegram channel https://t.me/spatiumwallet.