Terms & Conditions

Effective date: April 3, 2023

Definitions

  • Platform: website https://www.esignus.com and IOS and Android application through which the User accesses the Services.
  • Service/Services: purchase of hard Wallet through the platform.
  • Wallet: a set of cryptographic elements that allow the custody of the balance of Cryptoassets deposited in it by a single User.
  • Crypto-assets: digital assets or virtual digital currencies issued through computer protocols and not backed by an entity or central bank.
  • User: person accessing the Services.

1. Introduction

Welcome to the E-SIGNUS application and website (the "Platform", or "we" or "us" collectively). Below, we will detail the license agreement that governs the terms on which you, as a User, may use the Platform and the Services offered therein.

This document (together with all documents referred to herein) sets out the terms and conditions governing the use of this Platform and the use of the Service provided through this Platform ("Terms and Conditions").

Please read these Terms and Conditions and our Privacy and Cookie Policy carefully before using the Platform.

By using the service provided on this Platform, the User agrees to be bound by the Terms and Conditions, as well as our Privacy and Cookie Policy, so if the User does not agree with all the stipulations of the Terms and Conditions and the Privacy and Cookie Policy, the User should not use this Platform.

If the User has any questions regarding the terms and conditions or the Privacy and Cookies Policy, he/she can contact us through our contact channels.

2. Legal information

In compliance with the duty of information contained in article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, the following details of the owner are shown below:

  • eSignus Security Solutions, S.L.
  • B76823475
  • C/. Puerto de los Cristianos N24. 38120 Santa Cruz de Tenerife. Canary Islands. Spain.

3. Users and consent

The use of the Platform attributes the condition of the User, who accepts, from the use of the same, the Terms and Conditions here reflected.

The User declares that the use of this Platform is done on a personal basis, without performing any kind of professional service.

The Platform will allow the User to access the Services specified in these Terms and Conditions.

Before making use of the Services, the User should be aware of the risk of loss in the purchase and sale or holding of Cryptoassets. As with any asset, the value of Cryptoassets can vary considerably and there is a substantial risk of losing money buying, selling, holding or investing in Cryptoassets. Therefore, by using the Platform, the User acknowledges and accepts the risks involved in buying, selling or holding Cryptoassets.

Cryptoasset services are not currently regulated by the financial authorities nor do they fall under the umbrella of protection that may be offered by financial services clearing schemes in Spain, therefore, the User should carefully consider whether trading or holding Cryptoassets is appropriate.

4. Use of the platform and return of the product

ESIGNUS offers through the Platform the purchase of hard Wallets (physical devices that allow the safekeeping and protection of private keys).

The User is aware that:

  • Once the product has been purchased and used, you will lose your right of withdrawal under Article 103 of the Law on Consumers and Users. In other words, if the User uses the product, it cannot be returned.

However, if it has not been used, the User will have 14 days to return it (which must still be sealed and packaged as received).

To proceed with the return, the User must write an email to the following address indicating "return" in the subject: mailto:support@esignus.com

The User shall activate the device in accordance with the instructions for use contained in these T&Cs.

The User undertakes to make appropriate use of the Service that ESIGNUS offers through the Platform and, by way of example, but without limitation, not to use them to

  • engage in activities that are unlawful, illegal or contrary to good faith and public order;
  • disseminate content or propaganda of a racist, xenophobic, pornographic-illegal, anti-terrorist or human rights nature;
  • cause damage to the physical and logical systems of ESIGNUS, its suppliers or third parties, introduce or spread computer viruses or any other physical or logical systems that may cause the aforementioned damage;
  • use any ESIGNUS Intellectual Property material for your own benefit.

5. Exclusion of warranties and liability

ESIGNUS reserves the right to interrupt access to the Services at any time and without prior notice, whether for technical, security, control or maintenance reasons, due to power failures or for any other justified cause.

Consequently, ESIGNUS does not guarantee the reliability, availability or permanent continuity of the Platform or the Services, and therefore the use of the same by the Users is carried out at their own risk, without ESIGNUS being liable at any time in this respect.

Furthermore, ESIGNUS accepts no liability whatsoever arising from, by way of example, but not limited to:

  • The use made by Users of the materials available on the Platform, whether prohibited or permitted, in violation of the intellectual and/or industrial property rights of the contents of the website itself or of third party portals.
  • For possible damages to Users caused by normal or abnormal functioning of the search tools, the organisation or location of the contents and/or access to the Services and, in general, for errors or problems generated in the development or instrumentation of the technical elements that make up the Service.
  • Of the contents of those pages to which Users may access from links included in the Platform.
  • The acts or omissions of third parties, irrespective of whether these third parties may be contractually bound to ESIGNUS.
  • User errors when entering Wallet passwords.

Similarly, ESIGNUS excludes any liability for damages of any kind that may be due to the presence of viruses or the presence of other harmful elements in the contents that may cause alterations in the computer systems, as well as in the documents or systems stored in them, for which reason ESIGNUS will not be liable in any case when they occur:

  • Errors or delays in accessing the Services by the User when entering their details in the corresponding form or any anomaly that may arise when these incidents are due to problems in the Internet network, acts of God or force majeure and any other unforeseeable contingency beyond the good faith of ESIGNUS.
  • Failures or incidents that may occur in communications, deletion or incomplete transmissions, so that there is no guarantee that the Platform Services will be constantly operational.
  • Errors or damage caused to the website due to inefficient and bad faith use of the Service by the User.
  • Non-operability or problems with the email address provided by the User for sending the requested information.

In any case, ESIGNUS undertakes to solve any problems that may arise.

Pursuant to Article 1(7) of Law 10/2010 of 28 April 2010 on the prevention of money laundering and terrorist financing, an electronic wallet custodian service provider shall mean those natural persons or entities that provide private cryptographic key safekeeping or custody services on behalf of their customers for the holding, storage and transfer of virtual currencies.

Given that ESIGNUS does not have access to the cryptographic keys of the Users stored in the devices, under no circumstances can it be considered a custodian service provider.

Exclusion of warranties and liability with respect to Blockchain. Forks and modifications to Blockchain protocols.

ESIGNUS does not own or control the underlying software protocols that govern the operation of the Blockchain linked to the Cryptoassets supported by the Platform. Most of these protocols are open source and can be used, copied, modified and distributed by any third party. Consequently, ESIGNUS assumes no responsibility for the operation of such protocols and does not guarantee their functionality, security or availability. The User acknowledges and accepts the risk that the underlying software protocols related to any Cryptoassets purchased may change. In particular, Users should consider forks with the impact they may eventually have on the value of the Cryptoassets.

In the event of a Fork, the User agrees that ESIGNUS may temporarily suspend its operations (with or without notice) and, if it deems it necessary, (a) configure or reconfigure its systems or (b) decide not to support (or to stop supporting) a protocol and/or the original and/or the alternative Cryptoasset.

Likewise, ESIGNUS shall notify Users of any modifications to the protocols of the Blockchains associated with the Cryptoassets and whose implementation is not possible on the Platform.

The User acknowledges and accepts that ESIGNUS assumes no responsibility for any consequences in the provision of the Service that may arise in relation to the modification of the Blockchain protocols or for the interruption in the operation of said protocols.

6. Services offered via the platform

  • Purchase of hard Wallets

The User will be able to access the Marketplace through the Web Platform, where he/she will be able to purchase the product offered through the same (hard Wallet).

The User must at all times follow the instructions indicated in the section https://support.esignus.com for the activation of the hard Wallet.

  • Service considerations and instructions for use

The Service is subject to the User reading and accepting the Platform Terms and Conditions.

Instructions for use and activation can be found at the following address: https://support.esignus.com

7. Other user prohibitions

Without this list being exhaustive, the User undertakes to refrain from the following actions, either directly or through a third party:

  • Use the Platform, the Services or any of its content in a manner or for purposes that ESIGNUS considers different from or contrary to these Terms and Conditions, the law, morality, good customs or public order.
  • Use the Platform to send, reproduce or publish files or any type of information whose content is obscene, abusive, defamatory, libellous, offensive, pornographic, political or contrary to the law, morality and decency, or which contains malicious software such as viruses, worms or which contains any other feature capable of destroying or damaging the operation of an electronic device, the Platform, or the systems or servers of ESIGNUS, or of a third party.
  • Use the Platform to send, reproduce or publish files in violation of third party intellectual property rights.
  • Exploit or exploit an attack on the Platform, or a vulnerability or bug in the Platform, for your own or a third party's benefit.
  • Use the Platform on behalf of or for the account of any third party (except as set out in these Terms and Conditions) or permit any person other than the User (including, without limitation, by way of assignment, licence or transfer) to use your account and the Services associated with your account.
  • Use automatic or manual programs, software or devices to monitor or copy the information or any content or element of the Platform.
  • Link the Platform or the Services in any way to unsolicited promotions, political campaigns or commercial messages (SPAM) or to any chain letters or messages with untruthful content for personal or third party gain.
  • Carry out actions that restrict, deny or prevent third parties from accessing and using the Platform, as well as the content and services offered through it.
  • Attempt to breach any authentication and security systems of the Platform.
  • Attempt to obtain any kind of material or content accessible through the Platform using procedures or means other than those which, as the case may be, have been expressly indicated or made available to the User.
  • Include frames, links, deep links, or links to the Platform, whether from other websites or from any software or electronic device.
  • Take any action that imposes a disproportionate or unreasonable burden on the technological infrastructure of the Platform.
  • Use meta tags or any other type of hidden text with the name "ESIGNUS", or any other name or trade name and/or intellectual property rights belonging to or owned by ESIGNUS.

ESIGNUS reserves the right to deny or withdraw access to the Platform and/or the services offered therein without prior notice to those Users who carry out any of the actions indicated in this section.

8. Right of withdrawal

Pursuant to article 103 of Law 3/2014 of 27 March, the transactions covered by these terms and conditions are excluded from the right of withdrawal as indicated in section 4 of these T&Cs.

9. Modifications of the terms

ESIGNUS may modify at any time the conditions set out herein, being duly published on the Platform and/or, at the sole discretion of ESIGNUS, by notifying the Users of the same by e-mail.

The User's use of the Platform from the time of notification of the modification of these Terms and Conditions shall constitute the User's full acceptance of these Terms and Conditions; if the User does not agree to the new terms, the User shall cease to use the Platform.

10. Intellectual property

All the content of the Platform, including without limitation the design of its screens, promotional materials, trademarks, trade names, distinctive signs, text, graphics, logos, images, icons, buttons, videos, sounds, music, databases, source code, software and colour combinations, as well as the product for sale through the same (hereinafter, the "Content"), is owned by ESIGNUS or its licensors.

The Content may not be reproduced, modified, transformed, edited, translated, transferred, distributed, performed, marketed, publicly communicated, stored, used for purposes other than those provided for in these Terms, or be the subject of derivative works, without the prior written permission of the rights holder.

The fact that the User may access the Platform does not grant the User any licence, right or title to any industrial or intellectual property rights over all or any portion of the content, except as specifically stated in these Terms and Conditions. Users are only granted a non-exclusive, revocable, limited licence to access and use the Platform in accordance with these Terms and Conditions.

If the User considers that any intellectual property rights of third parties are violated on the Platform or in the Content, he/she must notify ESIGNUS at the address indicated in these Terms and Conditions, attaching all the necessary information and documentation to support the aforementioned consideration.

11. Data processing and use of cookies

In accordance with the provisions of the General Regulation on the Protection of Personal Data and other applicable regulations on the subject, we inform you that the personal data provided by the User through the Platform or by sending e-mails will be processed by ESIGNUS as data controller in order to deal with Users' queries, as well as to receive periodic notifications by electronic means. The User can find further information about the processing of their data in the privacy policy, which must be read and understood in order to use the Services.

ESIGNUS undertakes to comply with the obligation of secrecy of personal data, and has therefore adopted the necessary measures to avoid its alteration, loss, unauthorised processing or access, taking into account the state of technology at all times.

On the other hand, ESIGNUS informs that by visiting its Platform (without carrying out the registration process on the part of the User) no data of a personal nature that identifies a user is automatically recorded, on the other hand there is certain information of a non-personal nature and not identifiable with a specific user that is collected during the live session through devices called "cookies" that allow us to obtain statistical information on the use of the Platform in order to be able to make improvements. All Users must accept, reject or configure cookies to browse the Platform through the pop-up banner when entering the Platform. For more information, please see our cookie policy.

The use of the Hardwallet does not imply in any case the processing of the User's personal data by ESIGNUS, as these are not stored in any case. Therefore, ESIGNUS will not process the User's personal data for the activation of the Hard Wallet (including the fingerprint ).

However, the User's personal data will be processed for the purpose of sending and commercial follow-up of the order placed through the Platform. For this purpose, certain personal data will be requested from the User, which will be processed in accordance with the Privacy Policy.

12. Privacy and blockchain

The purchase of crypto-assets is recorded on the Blockchain, a technology that operates like ledgers, designed to immutably record transactions on networks of computer systems.

Many of these public Blockchains allow forensic analysis that can lead to de-anonymisation and inadvertent disclosure of private financial information, especially when blockchain data is combined with other data.

As blockchains are decentralised or third party networks that are not controlled or operated by ESIGNUS, we cannot delete, modify or alter personal data on such networks. For more information you can consult our privacy policy.

13. Applicable law and jurisdiction

For any interpretative or litigious matters related to the web portal, Spanish legislation will be applicable and in the event of a dispute, both parties agree to submit to the jurisdiction of the Courts and Tribunals of the city of Madrid (Spain), waiving any other jurisdiction that may correspond to them, as long as said dispute does not involve any financial transaction, which will be resolved through the jurisdiction of the Courts and Tribunals of the consumer's domicile or by filing the appropriate claim by filling in the following electronic form: http://ec.europa.eu/consumers/odr/

14. Links

In the event of there being links or hyperlinks to other Internet sites, ESIGNUS will not exercise any kind of control over these sites and content. Under no circumstances will ESIGNUS assume any responsibility for the contents of any link belonging to an external website, nor will it guarantee the technical availability, quality, reliability, accuracy, comprehensiveness, truthfulness, validity and constitutionality of any material or information contained in any of these hyperlinks or other Internet sites. Likewise, the inclusion of these external connections does not imply any type of association, merger or participation with the connected entities.

The introduction of hyperlinks for commercial purposes on websites not belonging to ESIGNUS which allow access to the Platform without the express consent of ESIGNUS is expressly prohibited. In any case, the existence of hyperlinks on websites not belonging to ESIGNUS shall in no case imply the existence of commercial or mercantile relations with the owner of the website where the hyperlink is established, nor acceptance by ESIGNUS.

15. Miscellaneous

In the event that one or more clauses of these Terms and Conditions are declared null and void by any competent authority or judicial body, such nullity shall not affect the validity of the remaining clauses, which shall remain in full force and effect.

16. Transfer

The User may not assign its contractual position, this contract, or any of its rights or obligations hereunder to any third party.

17. Consent to electronic notifications

The User expressly consents to be notified or informed by electronic means of all information relating to his or her User status, account and use of the Platform.

With your consent, we send push notifications to your mobile device to provide Service updates, promotional communications and other related messages. You may disable push notifications by changing your notification settings through your device with which you access the Platform.

18. Contact & Customer Service

ESIGNUS has a user support service, through which user requests will be resolved within a maximum period of 48 hours from their receipt, by sending an e-mail to the following address: support@mail.esignus.com

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