Terms of Use – Klever Wallet – Version 1. Date: 16/08/2021 ​

Privacy Policy​

  1. Terms and Key Definitions

  2. Services

  3. Other Clauses

A. Introduction​

Please read these Terms of Use carefully as they govern your use of Klever Wallet.

By using Klever Wallet you declare to agree to be legally bound to these Terms of Use and any other terms or policies related to our Services.

These Terms of Use are entered into Klever Wallet (hereinafter referred to as "Klever", "we" or "us" and “our”) and you.

By clicking in the button "I accept these terms", using Klever Wallet (as defined below) or by creating or importing a wallet, downloading, or running our mobile application you accept these Terms of Use and related policies (or any other policy created in order to rule the relationship between you and us). You declare that you have fully read, understood, and accepted all terms, policies, and conditions applicable to this Terms of Use.

You also declare to be aware of the risks and high volatility of the crypto market and that you have performed your own and independent research.

Klever Wallet is a self-custody wallet service based on blockchain technology that (i) enables the use of a virtual wallet, generating a virtual address that allows you, through the use of encrypted private keys, to send, receive and store crypto assets in a specific blockchain; (ii) has a browser that may be used to browse third-party decentralized applications; and, (iii) offers a swap tool through which the user can exchange Digital Assets with high security, privacy and speed.

All users must understand the risks involved in Digital Assets trading and are recommended to exercise prudence and trade responsibly within their own capabilities.

The use of Klever Wallet is restricted to people over 18 years old. Some countries may be excluded from the Services due to local legal restrictions.

The use of Klever Wallet is limited to compliant user and any illegal activities or market misconducts are forbidden and may be used as basis for suspension or termination of the Services.

I. Terms and Key Definitions​

 Klever means Klever Wallet, or any other tool or system developed in the Klever Ecosystem. Examples: Klever Exchange or any new tool and systems yet to be developed and launched by the Klever team.

Holdings or Balance means any funds composed by digital tokens purchased or transferred from an external account and kept in the Klever Wallet.

Digital Assets refers to tokens or digital currencies, their derivatives, or other types of digitalized assets with or without a certain value, such as Bitcoin, KLV, Ethereum.

User is the person that have agreed with this Terms of Use and related policies and provided all personal information requested for onboarding and to whom Klever Wallet has granted access to its functionalities.

Restricted Locations are jurisdictions whereby Klever restrict or prohibit the use of Klever apps for any business or legal reasons.

II. Services and Wallet Registration​

Klever Wallet Registration and Safety.

To use Klever Wallet you must create or import a crypto wallet. The moment you create a wallet you will have access to your private key. You are solely responsible for keeping your private keys safe and confidential and thus you will be held responsible for any activities undertaken on your wallet. A crypto wallet is a tool used to enhance the security of your Digital Assets and in this sense, you should take all measures to avoid the loss of access or control of you Klever Wallet. Some safety recommendations are to create a strong and unique password to your wallet, to use the backup option of Klever Wallet and to safely store your mnemonic phrase. You agree to immediately notify us of any unauthorized use of your password, account, or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this paragraph. As you may be aware, you must keep your private key and mnemonic phrase secure since they may enable whoever has access to it to access your wallet and balances. It is important to highlight that Klever Wallet team nor any of Klever systems have the capability to help you with password retrieval since we do not have access to wallet password, encrypted private key, unencrypted private key, or mnemonic (backup) phrase associated with your Klever Wallet. Thus, you accept and acknowledge that any Digital Asset associated to a wallet to which you cannot remember the access will become inaccessible.

Klever Wallet Services. 

Klever Wallet stores your keys for the addresses used by you to store you Digital Assets in the respective blockchains and does not store the Digital Assets themselves. Thus, all transfers are performed not in the Klever Wallet environment but in the blockchains over which we do not have any control. In this sense, we cannot and do not ensure that any transaction instructed by you through Klever Wallet will be confirmed and processed by the respective blockchain. You accept and acknowledge that Klever Wallet is not responsible for transfer registration in the respective blockchains nor for errors or omissions that you make in relation to transactions involving your Digital Assets.

Transfer of Funds to Klever Wallet. If you decide to use Klever Wallet, it is needed to transfer funds to your Klever Wallet. This transaction may be subject to fees charged by the service provider of your use (external wallet or third part exchange). Klever Wallet has no kind of relationship with these third-party service providers, their fees, and the security of such tools. Considering that the speed of a transfer may vary depending on the blockchain used by you and on the fees, you opt to pay on each transfer you order or instruct, it is important to highlight that Klever Wallet cannot guarantee nor regulate the speed of transfer of funds from any third-party service provider into your Klever Wallet. Additionally, it is of your own responsibility to make sure that you are using an address that matches the blockchain of a specific Digital Asset being transferred by you into Klever Wallet since a mistakenly instructed order may cause the permanent loss of your Digital Assets. Therefore, you agree, acknowledge, and declare that you are solely responsible for the management of such funds, their security, and costs of any transfer funds into Klever Wallet.

Transfer of Funds from Klever Wallet.

Transfer of funds from your Klever Wallet to any account kept in a third-party service provider is possible whenever balance is available in your Klever Wallet. In case the transfer order is rejected by an external account, sent to an unavailable account or to a mistakenly informed address you agree that you will not hold Klever Wallet liable for such transactions if your funds are lost. Fess will be charged on the transfer of funds from Klever Wallet account based on the fees applicable on the chosen blockchain or network at the moment of the transaction. Considering that the speed of a transfer may vary depending on the blockchain used by you on a specific transfer you order or instruct, it is important to highlight that Klever Wallet cannot guarantee nor regulate the speed of transfer of funds to a third-party service provided from your Klever Wallet and you understand and acknowledge that it may vary depending on general market conditions. The fees applicable to these transactions may also vary depending on the blockchain chosen by you and general market conditions. Additionally, it is of your own responsibility to make sure that you are using an address that matches the blockchain of a specific Digital Asset being transferred by you to transfer your assets from Klever Wallet to a third-party service provider since a mistakenly instructed order may cause the permanent loss of your Digital Assets. Klever Wallet cannot cancel or modify a transaction submitted by you since we have no control on the blockchains chosen by you to transfer your funds. Also, you must make sure to have funds to transfer and to pay for the costs of this transfer (gas) since transactions may fail due to insufficient funds or gas. Therefore, you agree, acknowledge, and declare that you are solely responsible for the management of your funds, their security, and costs of any transfer funds from Klever Wallet.

Fees.

No fees are currently charged for the use of Klever Wallet self-custody and browser. However, we reserve the right to do so in the future. For the use of the swap tool fees are applicable and will vary depending on the market conditions. These fees may be changed and updated at Klever´s discretion at any time being applicable from the effective date indicate in our communication. By agreeing to this Terms of Use you authorize the deduction of fees from your account when applicable.

Independent Relationship (DYOR).

Klever Wallet does not constitute or act as a trustee, broker, intermediary, agent, advisor, fiduciary agent or, in any manner, intends to be considered as advisor, financial advisor, investment advisor or any sort of advisor. All communications from Klever to you are intended exclusively to guide you on the mechanisms of the Klever Wallet itself and are not recommendations of trades or orientation to you to buy or sell any asset. You acknowledge and agree that you have conducted your own and independent due diligence and research on the crypto market and that you are fully aware of legal and tax consequences and any other consequence of becoming an investor in the Digital Assets market.

Communication and Push Notifications.

By agreeing to these Terms of Use you agree to receive push notifications and alerts about news related to Klever Wallet, including but not limited to, updates on the software, token launches, your transactions and safety news and recommendations.

III. Other Clauses​

License.

All intellectual property involved in the Klever Wallet and other tools in the Klever Ecosystem are property of Klever unless otherwise indicated. Klever Wallet grant you the limited, non-exclusive, and non-sublicensable license to access and use Klever Wallet and its content for your personal use. Such license is subject to these Terms of Use and does not permit any resale, distribution, or any use of it other than for their intended purposes. The license granted under this section will automatically terminate if we suspend or terminate your access.

Language.

These Terms of Use, other applicable policies, and other agreements or communications from Klever have been drafted in English. Although translations in other languages of any of the foregoing documents may be available, such translations may not be up to date or complete. Accordingly, you agree that in the event of any conflict between the English language version of the foregoing documents and any other translations thereof, the English language version of such documents shall govern and prevail.

Modifications.

Klever reserves the right to make modifications, change, update, revise, suspend or modify these Terms of Use in its discretion at any time. Klever is not obliged to notify such changes in its terms and policies but assure that any modifications will be updated on its website and app. Any changes will become valid upon the date you accept such changes or if you continue to use our services for 21 (twenty-one) days after we provide notice of the changes. You must terminate your use of Klever Wallet in case you do not agree to the amended Terms of Use.

Compliance with Local Laws.

You hereby declare, agree, acknowledge, and understand that it is your responsibility to comply with your local law, legislation, and regulations regarding all of their aspects. Also, you declare that you will not, in any form, use Klever Wallet in your country if it is prohibited. Additionally, you declare that your funds have legitimate origins and do not originate from any illegal activities and you also represent and warrant that you are not part of any list of trade or economic embargo.

Personal Data.

No personal data is collected when you decide to use Klever Wallet except for your location.

Disclaimer. Damages. Limitation of Liabilities.

You hereby understand and agree that Klever nor our directors, officers, members, employees, agents or contractors will be liable for any damages, losses of profit, losses of data, or any other kind of losses connected or arising from the use or of the inability to use Klever Wallet, regardless the origin or result of such losses, included but not limited to mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, service interruption for scheduled or unscheduled maintenance, other users actions, third-party actions or omissions or any failure of performance, whether or not resulting from a force majeure event, communications failure, theft of, destruction of or unauthorized access to Klever Ecosystem records, programs or services. Additionally, you hereby acknowledge and agree that Klever has no control or liability in relation to any aspect (delivery, quality, safety, legality or other) to the Digital Assets transfer and/or kept by you in the Klever Wallet.

Third-Party Services.

Klever Wallet may incorporate or provide access to third party applications and utilities such as decentralized applications via Klever Browser or the purchase of Digital Assets using Simplex. Access to some of these functionalities provided by third party may be restricted due to geographical limitations. Also, the access to such services may be subject to specific terms and conditions. You acknowledge and agree that the use of any of these services are at your own risk since we cannot guarantee, monitor nor control the terms, policies, or performance of any third party, and we are not responsible for any performance, or failure to perform, of any third-party actions or inactions.

Termination and Discontinuance of Services.

We may at our entirely discretion modify or discontinue the services provided by Klever Wallet. In such case, your obligations related to your license of use of Klever Wallet will remain. We highlight that your access to your funds will depend on your access to your backup (wallet address and private key). In this sense we declare, and you acknowledge and agree that we shall not be held responsible or liable for any loss of Digital Assets in the event that we discontinue our services.

Dispute Resolution.

Klever Help Center is a 24/7 support tool to address any concerns and questions that may arise from your relationship with Klever Wallet and with any other tool of Klever Ecosystem. It is a fast, personal, and optimal experience to support operations. In this sense you acknowledge and agree that all issues you may have with Klever should first be brought to us through this channel and also that you will always act and negotiate in good faith whenever there is an issue to be dealt with between Klever Wallet and you. Klever will always act in good faith to achieve a good, negotiated solution.