Terms of Service

1. Acceptance of Terms and Agreement Scope

By purchasing, accessing, or using Encratex hardware wallet products and related services ("Products" or "Services"), you agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you ("User," "Customer," or "you") and Encratex ("Company," "we," "us," or "our").

If you do not agree to these Terms in their entirety, you must not use our Products or Services. Your continued use of our Products after any modifications to these Terms constitutes acceptance of such changes.

These Terms apply to all users of our Products and Services, including individual consumers, institutional clients, resellers, and any other parties who interact with our hardware wallet solutions.

2. Product Description and Functionality

Encratex manufactures and distributes hardware wallet devices designed for secure offline storage of cryptocurrency private keys, digital assets, and related cryptographic materials. Our Products are specifically designed to:

2.1 Core Functionality

• Provide secure, offline storage for private keys and cryptographic seeds
• Generate and manage cryptocurrency addresses across multiple blockchain networks
• Sign transactions in an air-gapped environment without network connectivity
• Support multi-signature and advanced cryptographic schemes
• Maintain complete user control over private keys and digital assets

2.2 Excluded Services

Our Products explicitly do not provide and are not designed to offer:

• Trading, exchanging, or brokerage services of any kind
• Custodial services or third-party key management
• Investment advice or financial planning services
• Market making or liquidity provision services
• Cryptocurrency mining or staking services

3. User Responsibilities and Obligations

3.1 Proper Use and Compliance

You agree to use our Products in accordance with:

• All applicable local, national, and international laws and regulations
• The user manual, safety instructions, and technical documentation provided
• Industry best practices for cryptocurrency security and key management
• Anti-money laundering (AML) and know-your-customer (KYC) requirements in your jurisdiction
• Export control laws and trade sanctions regulations

3.2 Security Obligations and Best Practices

You are solely responsible for:

• Securely storing your hardware wallet device and preventing unauthorized access
• Maintaining confidentiality of your recovery phrases, PINs, and passphrases
• Creating and securely storing backup copies of your recovery information
• Installing firmware updates as recommended by Encratex
• Following proper initialization and setup procedures
• Implementing appropriate physical security measures for device storage
• Regularly testing your backup and recovery procedures

3.3 Prohibited Uses

You agree not to use our Products for:

• Any illegal activities or violation of applicable laws
• Money laundering, terrorist financing, or other criminal activities
• Circumventing economic sanctions or trade restrictions
• Unauthorized access to computer systems or networks
• Any activity that could damage, disable, or impair our Products or Services

4. Warranties and Disclaimers

4.1 Limited Hardware Warranty

We warrant that our hardware wallet devices will be free from defects in materials and workmanship under normal use for a period of two (2) years from the date of purchase. This warranty covers:

• Manufacturing defects in hardware components
• Failure of the device to perform as specified in documentation
• Defects in the secure element or cryptographic processors

4.2 Warranty Exclusions

This warranty does not cover:

• Damage caused by misuse, abuse, or failure to follow instructions
• Normal wear and tear or cosmetic damage
• Damage caused by unauthorized modifications or repairs
• Loss or theft of the device
• Data loss or corruption of stored information

4.3 Disclaimer of Other Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ENCRATEX DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR PRODUCTS WILL MEET YOUR SPECIFIC REQUIREMENTS OR THAT THEIR OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE.

5. Limitation of Liability and Risk Acknowledgment

5.1 Limitation of Liability

IN NO EVENT SHALL ENCRATEX, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of cryptocurrency, digital assets, or other valuable consideration
• Unauthorized access to your funds or accounts
• Market fluctuations, trading losses, or investment decisions
• Business interruption or loss of profits
• Data loss or corruption
• Third-party actions or omissions

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR OUR PRODUCTS SHALL NOT EXCEED THE PURCHASE PRICE OF THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM.

5.2 Risk Acknowledgment

You acknowledge and accept the inherent risks associated with cryptocurrency and digital asset management, including:

• Volatility and potential total loss of value
• Regulatory changes that may affect accessibility or legality
• Technical risks associated with blockchain networks
• Irreversibility of cryptocurrency transactions
• Potential for user error in key management

6. Intellectual Property Rights

All rights, title, and interest in and to our Products, including but not limited to firmware, software, documentation, trademarks, and proprietary technologies, remain the exclusive property of Encratex and our licensors.

6.1 License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use our Products for their intended purpose. This license does not include the right to:

• Reverse engineer, decompile, or disassemble our Products
• Modify, adapt, or create derivative works
• Remove or alter any proprietary notices or labels
• Use our intellectual property for commercial purposes without authorization

6.2 Open Source Components

Our Products may include open source software components, which are governed by their respective open source licenses. These licenses are available upon request and may grant you additional rights beyond those provided in these Terms.

7. Compliance and Regulatory Matters

You are solely responsible for ensuring that your use of our Products complies with all applicable laws and regulations in your jurisdiction. This includes but is not limited to:

7.1 Regulatory Compliance

• Securities laws and regulations
• Anti-money laundering (AML) requirements
• Know-your-customer (KYC) obligations
• Tax reporting and payment obligations
• Import/export controls and trade sanctions
• Data protection and privacy laws

7.2 Compliance Support

While we design our Products to support regulatory compliance, we cannot guarantee compliance with all local requirements. We provide documentation and features to assist with compliance efforts, but ultimate responsibility for compliance remains with you.

8. Privacy and Data Protection

Our Products are designed with privacy-by-default principles, ensuring that your private keys, transaction data, and cryptocurrency holdings remain completely private and under your exclusive control.

8.1 Data Minimization

Our hardware wallets do not collect, store, or transmit any personal or financial information. All cryptographic operations occur locally on the device without any data leaving the secure environment.

8.2 Privacy Policy

For information about how we handle any personal information collected through our website or customer service interactions, please refer to our Privacy Policy, which is incorporated into these Terms by reference.

9. Updates, Modifications, and Firmware

9.1 Firmware Updates

We may periodically release firmware updates to enhance security, add features, or address technical issues. While firmware updates are optional, we strongly recommend installing them to maintain optimal security.

9.2 Terms Modifications

We reserve the right to modify these Terms at any time. Material changes will be communicated through:

• Email notifications to registered customers
• Prominent notices on our website
• Updates to the "Last Updated" date on this page

Continued use of our Products after such modifications constitutes acceptance of the updated Terms.

10. Termination and Survival

These Terms remain in effect until terminated by either party. You may terminate this agreement by discontinuing use of our Products. We may terminate or suspend your access to our Services for violation of these Terms.

The following sections survive termination: Intellectual Property Rights, Limitation of Liability, Indemnification, Governing Law, and any other provisions that by their nature should survive termination.

11. Indemnification

You agree to indemnify, defend, and hold harmless Encratex and its officers, directors, employees, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use or misuse of our Products
• Your violation of these Terms or applicable laws
• Your negligence or willful misconduct
• Any third-party claims related to your use of our Products

12. Dispute Resolution and Governing Law

12.1 Governing Law

These Terms are governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles.

12.2 Jurisdiction

Any disputes arising from or related to these Terms or our Products shall be subject to the exclusive jurisdiction of the courts of England and Wales. You consent to personal jurisdiction in these courts.

12.3 Alternative Dispute Resolution

Before initiating formal legal proceedings, we encourage parties to attempt resolution through good faith negotiations. For disputes involving amounts under £10,000, we may agree to binding arbitration under the rules of the London Court of International Arbitration.

13. Miscellaneous Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy and any other referenced policies, constitute the entire agreement between you and Encratex regarding the subject matter herein.

13.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect.

13.3 Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign these Terms without restriction.

13.4 Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, or government actions.