Hexa Wallet Terms of Service
Last updated January 13, 2021
This is a contract (the “Agreement”) between you and BitHyve Limited (“BitHyve”, “we” or “us”), a company registered and incorporated under English Law with company number 11373012 and whose registered office is Mansion House, Manchester Road, Altrincham, Cheshire, United Kingdom, WA14 4RW. References in this Agreement to “you” and “your” are to the person with whom BitHyve enters into this Agreement.
By clicking on “I agree” or similar terms when using the Hexa Wallet Mobile Application (“Hexa”, “hexa”, “wallet”, “Wallet”), or by proceeding with a download or update for Hexa when offered a choice of proceeding or not, you are agreeing to be bound by the terms and conditions found in this Agreement. You represent and warrant that you have the power and capacity to enter into this Agreement.
The services provided by BitHyve as part of Hexa Wallet does not fall within the scope of the Financial Ombudsman Services (FOS) or the Financial Services Compensation Scheme (FSCS).
1. Hexa Services
Hexa enables you to create multiple cryptocurrency based accounts, and to store, send, request and receive supported digital assets. By using our services, you acknowledge and agree that you have carefully read and understood our FAQ.
2. Supported Digital Assets
Our Services, including any Wallet, are for use with Bitcoin (BTC) only. We do not guarantee support for any fork, airdrop or other coins except the one(s) supported as per the consensus mechanism followed by our node. We assume no responsibility or liability in connection with any attempt to use your Wallet for digital assets that we do not support. Keys or signatures held or produced by us belong to us and we reserve all rights to and associated with them.
3. Responsibility for Shares, Passcodes and Other Authentication Means
Our Services provide a number of ways for you to secure your Wallet and help ensure you, and only you, are able to access and transact through your Wallet. These features include shares, mnemonics, personal identification numbers (Passcodes), two-factor authentication, among other features.
We do not store or have access to your shares, Passcodes or private keys. It is your responsibility to ensure that the health of your recovery shares and your guardians’ copy of your recovery shares is at 100%.
It is your responsibility to carefully guard your shares, Passcodes, two-factor authentication means and any other means we may provide for you to secure and access your Wallet, and to ensure the health of your recovery shares and your guardians’ copy of your recovery shares is at 100%. If you forget or lose your means of authentication, or do not maintain the health of your recovery shares, BitHyve has no way to recover them for you and you may permanently lose access to bitcoin you have stored in your Wallet.
4. Shares and Catastrophic Impact of Their Loss or Misappropriation
If you use our Services to create a Wallet, the software will use an algorithm to generate a set of five shares that we require you to backup, and that which is necessary for recovery purposes.
BitHyve does not store, have access to, or have any way or means of recovering your shares, two factor authentication secrets, Passcodes or private keys.
It is your responsibility to keep your shares secure. You should not provide it to anyone, including any BitHyve representative.
If you permanently forget or lose access to three of your five shares, you will NEVER be able to recover bitcoin in your Wallet, and you will suffer a complete, irrecoverable and catastrophic loss of all bitcoin in your Wallet.
It is your responsibility to safeguard and retain access to all of your shares. BitHyve has no responsibility and will not be liable for any loss or damage you suffer from the loss or misappropriation of any of your shares.
5. Recovery Feature and Two-Factor Authentication Reset
We may provide a recovery feature to help protect you from loss of access to bitcoin through should our Services become unavailable. Any such feature will not be available to you if you have not secured your shares as described above.
If you lose access to all two-factor authentication methods but still have your secondary mnemonic, we may provide a two-factor reset from within your Wallet.
We grant you a limited, personal, non-transferable, non-exclusive license to access and use the Website and to use the Services as provided to you by BitHyve, subject to the terms of this Agreement and solely for approved purposes as permitted by us from time to time, except that we license certain of our software under the licenses set out in the source code repositories available here. Any other use of the Website or the Services is expressly prohibited and all other rights, titles and interests in the Website and the Services are exclusively the property of BitHyve and its licensors. “BitHyve” and all logos related to the Services or displayed on the Website are trademarks of BitHyve or its licensors. You may not copy, imitate or use them without prior written consent.
7. Third Party Integrations
Our Services support or are integrated with third party services. We are not responsible for any third party services and will not be liable for any loss or damage caused by third party services.
8. Changes to or Termination of our Services
We may add or remove functions or features of our Services. You can stop using our Services at any time. We may stop providing our Services at any time at our discretion.
If we stop providing our Services for whatever reason, we will endeavour to provide advance notice to you. However, we will have no obligation to do so. BitHyve has no responsibility and will not be liable for any loss or damage you suffer from the loss of access to or use of your Wallet during any recovery period or for any termination of our Services.
Currently Hexa Wallet services are not available in the following countries and region :
Balkans , Belarus, Burundi, Sudan, Somalia, Venezuela, Syria, Ukraine, Yemen, Zimbabwe, Côte d’Ivoire, Cuba, Liberia, Darfur region, North Korea, Iran, Iraq, Congo, Nicaragua, Mali .
9. Your Compliance with Applicable Laws
You represent and warrant that you are using the Services, including any Wallet, in accordance with applicable law, and not for any purpose not in compliance with applicable law, including but not limited to illegal gambling, fraud, money laundering or terrorist activities.
Your use of the Services, any Wallet and the Website is subject to international export controls and economic sanctions requirements. You agree that you will comply with those requirements. You are not permitted to use any of the Services if:
1. You are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan, Syria, Crimea region of Ukraine or any other country subject to United States embargo or UN sanctions (a “Sanctioned Country“), or if you are a person on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Commerce Department’s Denied Persons List, Unverified List or Entity List, (a “Sanctioned Person”); or
2. You intend to supply any Digital Assets in a Wallet to a Sanctioned Country (or a national or resident of a Sanctioned Country) or Sanctioned Person.
10. Disclaimer of Warranties
11. Exclusion and Limitation of Liability
In no event will BitHyve, its directors, officers, employees, suppliers, agents or affiliates be liable for any loss or damages, including without limitation, direct, indirect, special, consequential, exemplary or punitive loss or damages, arising from or related to your use of the Services or a Wallet, including but not limited to loss of or inability to access or transact data, profit, or bitcoin.
Without limiting the generality of the foregoing, BitHyve takes no responsibility for and will not be liable for any financial or other loss or damage arising from or related to the use of our Services, including Wallets, including but not limited to any of the following.
o Financial loss due to Wallet access being “Brute-forced”.
o Financial loss due to phone hacks or social attack vectors.
o Financial loss due to Hexa not being up to date.
o Financial loss due to server failure or data loss.
o Financial loss due to server hacks or unavailability.
o Financial loss due to lost shares, Passcodes or passwords.
o Financial loss due to inability to transact.
o Financial loss due to lost or inaccessible two factor authentication (2FA) mechanisms.
o Financial loss due to corrupted data on / returned by our servers.
o Financial loss due to incorrectly constructed transactions or mistyped bitcoin addresses.
o Financial loss due to “phishing” or other websites masquerading as BitHyve.
o Financial loss due to the Bitcoin blockchain not functioning.
BitHyve takes no responsibility for, and will not be liable for, our Services being unavailable due to technical or other issues beyond our control.
You will hold harmless and indemnify BitHyve, its directors, officers, employees, suppliers, agents or affiliates from and against any claim, suit or action arising from or related to your use of the Services, including Hexa, or violation of this Agreement, including any liability arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
13. What the BitHyve Service Does Not Do
We do not have access to your Wallet or any bitcoin stored in it. Any bitcoin stored using the Services are not in our control. As explained above, we do not store or have any means of recovering your private keys, shares, Passcodes or two factor authentication codes.
BitHyve is not a bank, custodian, exchange, financial intermediary or regulated financial institution. BitHyve does not have control over or take any responsibility for any transactions made through our Services. We do not accept any deposits from, lend to, or generally engage in any kind of banking business or the business of a financial institution.
Our Services are for bitcoin only. Any prices displayed are provided by third party serviced. BitHyve makes no guarantees that bitcoins can be exchanged or sold at the price displayed.
We have no control over and do not make any representations regarding the value of bitcoins, or the operation of the underlying software protocols which govern the operation of bitcoin. We assume no responsibility for the operation of the underlying protocols and we are not able to guarantee their functionality, security or availability.
14. Information on our Website
The information contained on our website is for general information purposes only. The information is provided by BitHyve and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
15. Governing Law and Dispute Resolution
This Agreement and the relationship between you and BitHyve shall be governed by English Law, excluding its conflicts of law provisions.
The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations. If the matter is not resolved by negotiation, the parties will resolve the dispute using arbitration. Arbitration of any disputes arising from this Agreement is mandatory and in lieu of any and all civil causes of action and lawsuits either party may have against the other. The arbitrator’s award will be final, and judgment may be entered upon it by any court having proper jurisdiction. The prevailing party in any arbitration shall be entitled to reimbursement of reasonable attorney’s fees and expenses (including without limitation, arbitration expenses) relating to such arbitration. If a court decides that any provision of this section is invalid or unenforceable, that provision will be severed and the other parts of this section will still apply. In any case, the remainder of the terms of this agreement will continue to apply.
16. Data Protection
You acknowledge that we may collect, use, store and process anonymized data, and any data that you have willingly provided, in connection with this Agreement, or the Services.
No action or inaction by BitHyve will be considered a waiver of any right or obligation by BitHyve.
This Agreement may be amended by BitHyve without providing you advance notice of any proposed change. If you do not agree to the amended agreement then your sole remedy will be to stop using the Services, including any Wallet.
You may not assign this Agreement. BitHyve may assign this Agreement.
This Agreement controls the relationship between BitHyve and you. They do not create any third party beneficiary rights.
All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, will continue to be binding and operate after the termination or expiration of this Agreement. If a particular term of this Agreement is determined to be invalid or not enforceable under any applicable law, this will not affect the validity of any other term. This Agreement (including documents incorporated by reference in it) is the entire agreement between BitHyve and you and supersedes any other agreement, representations (or misrepresentations), or understanding, however communicated.