TERMS OF SERVICE

  1. 1. GENERAL PROVISIONS

    These Terms of Service (“Terms”) apply to the access and use of the virtual currency wallet service as well as other ancillary services (“Services”) provided by Guardarian OÜ available via a set of mobile, web, desktop applications, browser extension and webpages www.guarda.co and/or www.guarda.com (“Website”). These Terms constitute an agreement between the customer (“You” or “your”) and Guardarian OÜ (registry code: 14320990; address: Viru väljak 2, Kesklinna linnaosa, Tallinn, Harju maakond, 10111) (“Guarda”, “us” or “our”). Guarda has obtained the license to provide virtual currency services which is issued by the respective Estonian authority. License’s number is FVR000109.

    The Terms enter into force after your acceptance and become legally binding for You.

    Please be aware that Guarda may revise these Terms from time to time. Therefore, the Terms may be changed or amended. Any changes or amendments will be published in advance for a reasonable period of time on the Website. You might be notified about the updates of the Terms. The effective date which is at the top of the Terms informs you about the latest version of the Terms. Guarda advises you to revisit this page from time to time to make sure you are familiar with the current version of the Terms. By continuing to access and use the Website or the Services after Guarda has posted changes on the Website, or after notifying you via any electronic means, you are agreeing to accept the updated Terms. If you do not agree to any updated Terms, you must stop using the Website and the Services.

  2. 2. ACCOUNT REGISTRATION. ELIGIBILITY CRITERIA

    You may need to register for an account to access some or all of our Services (“Account”). The creation and use of your Account might be subject to identifications and verifications, as required by statutory and regulatory obligations incumbent on Guarda. You agree to provide us with the information upon our request for the purposes of identity verification, compliance with know-your-customer requirements, as well as prevention of money laundering, terrorism financing, fraud or any other financial crime.

    As long as You agree to and comply with the present Terms, Guarda grants You a personal, non-exclusive, non-transferable, non-sub licensable and limited right to enter and use the Website and the Services. You are not permitted to re-distribute any of Guarda services, modify any code or use any Guarda content, including images and text, as part of any other software or project of any kind.

    You agree that Guarda has the right to require information which helps Guarda to identify and verify You.

  3. 3. SERVICES PROVIDED BY GUARDA

    Guarda is an innovative cryptocurrency infrastructure, which consists of:

    1. 3.1. Guarda Mobile, Web and Desktop Non-Custodial Wallet Applications

      Guarda has created means for users to access and transfer ownership of virtual currency or tokens (“cryptocurrency”) under the name "Guarda Wallet...". You agree not to use the Service provided by Guarda for accessing, transferring or keeping the tokens which have security elements.

      By entering into this agreement You will receive a license to use any of the Guarda Non-Custodial Wallet Applications. You should only use the Guarda Non-Custodial Wallet Application if you are familiar with virtual currencies and tokens. We highly recommend learning the basics of the specific virtual currency that You plan on using the Guarda Non-Custodial Wallet Application before running the application.

      1. 3.1.1. You Own Your Private Keys

        Guarda does not store user’s private keys, backup phrases or passwords ("Private Information"). It is very important that You backup Private Information. If You lose Your Private Information then it will not be possible for Guarda to recover it for You and You may lose access to Your virtual currency or tokens. If You do not understand the above paragraph then we strictly recommend that You learn more about virtual currencies before using the Guarda Non-Custodial Wallet Application.

      2. 3.1.2. Transactions

        The only authentic record of virtual currency transactions is the applicable virtual currency blockchain. The Guarda Non-Custodial Wallet Application provides functionality that allows You to send virtual currency transfer instructions. Guarda does not guarantee that transactions You perform using the Guarda Non-Custodial Wallet Application shall be stored in any virtual currency blockchain. You must ensure that Your transactions conform to the applicable rules of the virtual currency software. There may be transaction fees (e.g. mining fees) associated with Your virtual currency transactions that are required by the virtual currency system You engage with. Guarda 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). Guarda does not have access to Your transactions (or anyone else's).

      3. 3.1.3. No Control Over Blockchains

        Guarda is not the creator of and does not have any control over, any of the virtual currencies that the Guarda Mobile Non-Custodial Wallet Application allows You to use.

    2. 3.2. Guarda Browser Extension

      Guarda has created means for users to access and transfer ownership of virtual currency or tokens (such as ethereum) under the name “Guarda Extension”. Guarda Browser Extension is compatible with Google Chrome browser, distributed in Chrome Webstore and allows You to use cryptocurrency in decentralized applications (DApps).

  4. 4. SERVICES PROVIDED BY THIRD-PARTIES

    Guarda may provide information about third-party products, services, activities or events, or may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Integrations”). Guarda provides Third-Party Integrations as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Guarda does not control or endorse, and makes no representations or warranties regarding any Third-Party Integrations, and your access to and use of such Third-Party Integrations is at your own risk.

    The Guarda Mobile, Web and Desktop Non-Custodial Wallet Applications contain libraries developed by third parties. Guarda may provide third-party libraries to You as part of the Guarda Non-Custodial Wallet Application solution but shall not be considered to be the owner or licensor of the third party libraries. Please refer to the services and respect the relevant third party licenses.

    1. 4.1. Guarda Web-based Exchange

      Guarda Web-based Exchange is provided by Guarda's partners: ChangeNOW . When making an exchange, you agree with Terms of Service of https://changenow.io. Guarda itself does not provide Web-based exchange service.

    2. 4.2. Guarda Web-based Cryptocurrency Purchase

      Guarda Web-based Cryptocurrency Purchase with a banking card is supported by Simplex. The original terms of use are available at https://www.simplex.com.

    3. 4.3. Hardware Wallets

      Hardware wallet device for Guarda Web-based Wallet is supported by: Ledger. The original Terms of Use is located at https://www.ledger.com.

    4. 4.4. Cryptocurrency loans

      You may have access to cryptocurrency loan products which are provided by Coin Rabbit at https://coinrabbit.io/.

    5. 4.5. Cryptocurrency rates

      All cryptocurrency rates available in the Guarda Web, Mobile and Desktop Non-Custodial Wallet Applications are supported by CoinMarketCap and CryptoCompare. The original terms of use are available at https://coinmarketcap.com/ and https://www.cryptocompare.com/ respectively.

    6. 4.6. Cryptocurrency transaction information

      User’s balance and actual transaction history are supported by each cryptocurrency block explorer e.g. https://ethblockexplorer.org/, etc.

      Although the Guarda Non-Custodial Wallet Applications makes it easy to engage with the integrated third parties, Guarda shall not be responsible for any consequences stemming from Your use of third-party integrated services. If You require assistance with a Third-Party Integration then You should contact Guarda.

    7. 4.7. Cryptocurrency staking

      Staking is the process of delegation funds to a node, which takes part in the governance of a Proof of Stake (PoS) blockchain network. In exchange for offering your assets to be used in ensuring functionality of the blockchain network, owners are to be rewarded with additional coins that are issued by the blockchain in question. List of all assets available for staking with Guarda can be found here https://guarda.com/staking/

  5. 5. LIMITED RIGHT OF USE. INTELLECTUAL PROPERTY

    Unless otherwise specified, all materials on this Website are the property of Guarda and are protected by copyright, trademark and other applicable laws. You may view, print and/or download a copy of the materials from this Website on any single computer solely for your personal, informational and/or non-commercial use, provided you comply with all copyright and other proprietary notices.

    The trademarks, service marks and logos of Guarda and others used in this Website (“Trademarks”) are the property of Guarda and their respective owners. The Trademarks and other materials should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means, whether manual or automated.

    When accessing the Service, You shall not: (i) negatively interfere with other customers; (ii) damage, disable or in any way disrupt the Website or the Services; (iii) conduct, pay for, support or in any way be involved in any illegal activities, including but not limited to money laundering, terrorist financing, fraud, illegal gambling, illegal weapons sale and drug trafficking; (iv) use any automated means or interface to access Services or to extract data; (v) use another customer’s account; (vi) provide false or misleading information to us.

  6. 6. RISK WARNING

    Trading and investing in virtual currencies involve substantial risk of loss and is not suitable for all types of investors. Please make sure you are investing mindfully after understanding the nature, complexity and risks inherent in the trading of virtual currency. You should not purchase virtual currency unless you understand the extent of your exposure to potential loss. Please make sure you are not risking funds You cannot afford to lose. In no event shall Guarda will be liable to any loss or damage of any kind incurred as a result of the use of this Website or the Services.

    Guarda specifically disclaims and shall have no liability to You for the following risks:

    • operating system failures (mobile or desktop); and,
    • disruptions between Your hardware, software, and the Guarda; and,
    • cloud backup software (e.g. certain Android distributions) may upload your private information to third party services; and,
    • malware, viruses or other malicious software on Your device that is able to take control of or interfere with Guarda; and,
    • communication delays between Your Guarda Mobile, Web or Desktop Non-Custodial Wallet Application or Guarda Browser Extension and a node or relay services for a virtual currency (and vice versa); and,
    • failure to achieve a certain market value/price for a virtual currency token, whether through a third-party service or any other kind of transaction; and, theft of virtual currency tokens.
  7. 7. LIMITATION OF LIABILITIES. INDEMNITIES

    To the extent permitted by law, Guarda shall not be liable for any damages, losses of profit, usage or data, loss of business, loss of business, failure to use the Services, customers misunderstanding of Services or any other loss originated from negligence or fraud or otherwise arising out of or connected to the Services or these Terms.

    You shall indemnify and hold harmless Guarda, its affiliates, contractors, licensors and respective shareholders, members, directors, officers, employees, attorneys, agents and suppliers from any claim, damage, lawsuit, tort, cost or expenses.

    The Service is provided on an “as is” and “as available” basis without any warranty or representation expressed or implied. Guarda does not make any representations or give warranties that the access to the Website, use of the Service, functionality of Account will be continuous, uninterrupted, timely or error-free.

    You understand and agree that Guarda shall not be liable in connection with any force majeure event, including labour disputes or other industrial disturbances, electrical, telecommunications, hardware, software or other utility failures, software or smart contract bugs or weaknesses, earthquakes, storms, or other nature-related events, blockages, embargoes, riots, strikes, acts or orders of government authority, acts of terrorism or war, technological change, changes in interest rates or virtual currencies or other monetary conditions, and, for the avoidance of doubt, changes to any blockchain-related protocol.

    Guarda's liability to You shall not, under any circumstances, exceed the greater of:

    • the US dollar value of 0.005 BTC; or
    • USD 50.
  8. 8. DATA PROTECTION

    Privacy is very important to us. Full details of our Privacy Policy can be found at Privacy Policy. Guardarian recommends You to read the Privacy Policy carefully, so that You know the data that Guarda collects, uses and who Guarda shares your data with.

  9. 9. ANTI-MONEY LAUNDERING (AML). KNOW YOUR CUSTOMER (KYC) POLICIES

    In order to let You use the Services, Guarda may identify and verify your identity. You might be required to provide Guarda or third parties with all the necessary and requested information.

  10. 10. TAXES. COMPLIANCE WITH LOCAL REGULATIONS

    It is your responsibility to comply with local laws in respect to the legal usage of the Services and the regulatory qualification of virtual currencies in your jurisdiction.

    You are responsible for determining what taxes apply and in which measure to the authorised use of the Services. You should report and remit the correct taxes to the appropriate tax authority. Guarda is not responsible for determining your tax obligations.

  11. 11. MISCELLANEOUS

    If Guarda is unable to perform the Services outlined in the Terms due to factors beyond our control including but not limited to an event of Force Majeure, change of law or change in sanctions policy, Guarda shall not be liable for the Services provided under these Terms during the time period coincident with the event.

    These Terms set forth the entire understanding between Guarda and You with respect to the Service. You agree to rely only on the Terms alone. These Terms supersede any previous statements made by Guarda.

    If any term, clause or provision of these Terms is held unlawful, void or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.

    No failure of Guarda to exercise any right, power or privilege under these Terms is deemed to be a waiver thereof, nor any partial exercise of a right, power or privilege should preclude the exercise of the entire or other right, power or privilege.

    You may not assign any of the rights conferred to You under these Terms without prior written consent from Guarda. Guarda may assign any right or obligation under these Terms without any notice to or consent from You.

    These Terms are provided in English. Any translation has the sole purpose of being convenient for You. In case of any inconsistency, contradiction or doubt, the English version of these Terms shall prevail.

  12. 12. JURISDICTION

    The Terms shall be governed and construed in accordance with the law of Estonia. You hereto agree to irrevocably submit to the exclusive jurisdiction of the courts of Estonia.

  13. 13. TERMINATION AND SUSPENSION

    You may terminate the agreement with Guarda at any time on the basis provided by law.

    You agree that Guarda may terminate the agreement with You and suspend or cancel your Account in case of, but not limited to, (i) non-conformity to the requirements from these Terms, (ii) a requirement from any applicable law to which Guarda is subject in any jurisdiction, (iii) an order from a court or other governmental authority (iv) unusual, unauthorised or fraudulent activity in your Account (v) false, misleading, inaccurate, incomplete or outdated information (vi) any other reasons that Guarda deems relevant for termination of the Terms between You and Guarda and suspension or cancelation of your Account.

    Guarda shall have the right to file claims against You or your legal representative for compensation. Upon termination, suspension or cancellation on the basis of the previous clauses, You will be denied access to the Services temporary or permanently.

  14. 14. CONTACT

    If You have any questions relating to these Terms, your rights and obligations arising from these Terms and/or your use of the Website and the Service, your Account or any other matter, please contact [email protected].

    For partnership inquiries please contact us through https://guarda.com/contacts/.