We are Casa Inc. (“Casa”, “we”, “us” or “our”). Please read these Terms of Service (together with our Privacy and Data Protection Policy, the “Terms of Service” or “Terms”) fully and carefully before using https://keys.casa/ (the “Site”), our mobile applications for iOS and Android (each, an “App”), and the services, features, products, content or applications offered by Casa (together with the Site and the Apps, the “Services”).
1. Acceptance of Terms of Service
- These Terms of Service are a binding contract between you and Casa. By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site or downloading one or both of the Apps, you agree to and accept these Terms of Service and all other rules, policies and procedures that may be published from time to time on the Site or such Apps by us, each of which is incorporated by reference and each of which may be updated from time to time.
- These Terms of Service apply to all users of the Services, registered or otherwise. Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by reference. For example, additional terms and conditions may apply to you if you have purchased a Product, subscribed to a Paid Service, or sought to earn or redeem SatsBack (each term defined below); any such terms and conditions are hereby deemed a part of these Terms of Service.
- We are constantly trying to improve our Services, and may need to change these Terms of Service. We reserve the right to change the Terms of Service at any time, in our sole discretion, but if we do, we will bring it to your attention by placing a notice on the Site. If you don’t agree with the new Terms of Service, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
- If you are using the Services on behalf of a company, entity, or organization, then you represent and warrant that you are an authorized representative of that company, entity, or organization with the authority to bind such organization to these Terms, and agree to be bound by these Terms on behalf of such company, entity, or organization.
- PLEASE NOTE: These Terms of Service cover important information about the Services and any charges, taxes, and fees that we bill you, and include information about automatic renewals, limitations of liability, a class action waiver, and resolution of disputes by arbitration instead of in court. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
2. About Casa and the Services
The Services are a platform for managing cryptographic keys and nodes. The Services are not an exchange for buying, selling, or trading digital or virtual currency or assets (an “Exchange”), and Casa is not a bank or other financial institution. The Services do not and cannot sell, hold, invest, send or receive money or cause or effect any digital or virtual currency or asset transactions. BY USING THE SERVICES IN ANY MANNER, YOU ACKNOWLEDGE AND AGREE THAT (A) CASA IS NOT IN THE BUSINESS OF PROVIDING FINANCIAL, LEGAL, TAX, ACCOUNTING, OR INVESTMENT ADVICE OR SERVICES, (B) NONE OF THE SERVICES ARE INTENDED TO PROVIDE OR CONTAIN ANY SUCH ADVICE OR SERVICES, AND (C) ANY AND ALL SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. Casa urges you to consult a qualified professional for any such advice or service.
You must be at least 18 years of age to use the Services. If you are under age 18, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your own use, and not for the use or benefit of any third party.
4. Account Registration
To use the Services, you may be required to register for an account on the Services (an “Account”). To register an Account, you may be required to enter personal information such as your first name and email address (collectively, “Account Information”). You promise to provide us with accurate, complete, and updated Account Information about yourself and/or the company, entity, or organization you represent. You are solely responsible for the activity that occurs on your Account, and for keeping your Account Information secure. You should never publish, distribute or post login information for your Account. You may not use Account Information that you don’t have the right to use, or with the intent to impersonate another person. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You may not transfer your Account to anyone else without our prior written permission. You shall have the ability to delete your Account, either directly or through a request made to one of our employees.
5. Use of the Services
- Content. For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services.
- Notices and Restrictions. The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services. Any unauthorized use of any Content or materials on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.
- Use License. Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use the Services and the Content solely for personal or internal business purposes and only in accordance with these Terms of Service. Use, reproduction, modification, distribution or storage of any Services or Content for any other purpose is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Services or Content for commercial use or in any way that violates any third party right.
- License Grant. Subject to the terms and conditions of this Agreement, you hereby do and shall grant Casa a worldwide, non-exclusive, non-sublicenseable (except for the purposes provided herein), royalty-free license to access and use your Account Information and any other information you provide us solely for the purpose of providing you the Services. Further, you hereby do and shall consent to Casa’s collection, storage, and use of personally identifiable information, and to the transfer and hosting of such data on Casa’s servers located in the United States and elsewhere in the world, in accordance with the foregoing license grant. Please note that Casa takes the privacy of its users very seriously; click here for Casa’s current Privacy and Data Protection Policy to learn more.
- Availability of Content. We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Services.
- Private Keys. You acknowledge that you have sole and exclusive control over any and all private cryptographic keys created and controlled by you through the Services (“Private Keys”), and that Casa is unable to access or discover your Private Keys and unable to replace them in the event of their loss or theft. You further acknowledge and agree that (i) you are solely responsible for maintaining the security of each of the Private Keys and tracking the location of any hardware devices on which Private Keys are stored (“Authorized Devices”); (ii) Casa shall not be responsible for your acts or the acts of any third party with respect to the Private Keys or Authorized Devices; and (iii) you shall not, under any circumstances, provide or make available to Casa any of the Private Keys. You must notify Casa immediately in the event of any actual or suspected breach of security or unauthorized use of the Private Key(s), and cooperate with Casa and its authorized representatives in connection with any investigation of same.
- Service Key. You acknowledge and agree that if you choose to authorize Casa to control a cryptographic key created by you through the Services (a “Service Key”), (i) Casa will have sole and exclusive control over such Service Key; (ii) Casa will refuse to provide you with such Service Key unless and until Casa has determined (in its sole and reasonable discretion) that it has verified your identity through use of your Account Information, and that such refusal and verification constitute an essential basis of the bargain sought by you in signing up for a Membership (defined below); and (iii) you will cease to have access to the Service Key upon any termination of the Services provided to you, whether terminated by you or by Casa. You further acknowledge that the Services may require the transmission of multiple cryptographic keys to an Exchange in order to access your digital or virtual currency or assets, and that the Service Key alone may therefore be insufficient for such access without at least one (1) or more Private Keys, depending on the Services applicable to your Membership.
- SatsBack. You acknowledge and agree that any Bitcoin granted to you by Casa as a reward in exchange for your redemption of SatsBack (defined below) (i) are given without consideration or payment of any kind from you and (ii) can only be transferred by the recipient to a digital wallet for which the recipient chooses (a “Non-Custodial Wallet”). You further acknowledge that SatsBack (defined below) may not be purchased, and will only be granted in accordance with the terms and conditions set forth herein and on the SatsBack program page, which may be found here.
- Third Party Materials. In connection with the Services, Casa may use, or may provide you with access to, hardware devices, software, source code or other technology licensed to Casa from third parties, and which may be owned by such third parties (collectively, “Third Party Materials”). You acknowledge and agree that Casa does not make any warranties or guarantees regarding Third Party Materials and is not responsible for the operation or failure of any Third Party Materials, including without limitation the privacy practices, data security processes or other aspects related to Third Party Materials. You further acknowledge and agree that any Authorized Devices are each subject to their own terms and conditions separate and apart from this Agreement. You agree to waive any claim against Casa with respect to such Third Party Materials.
6. Restrictions on Use
- As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Services.
- You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
- you know is false, misleading, untruthful or inaccurate;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
- impersonates any person or entity, including any of our employees or representatives; or
- includes anyone’s identification documents or sensitive financial information.
- You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies.
- You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
- Certain Services may be subject to applicable United States export laws and regulations. You shall comply with all export laws and restrictions and regulations of the Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control (“OFAC”), or other United States or foreign agency or authority, and you shall not export, or allow the export or re-export of the Software in violation of any such restrictions, laws or regulations. By downloading or using the App or any other Services, you agree to the foregoing and represents and warrant that you are not located in, under the control of, or a national or resident of any United States-embargoed or restricted country.
- We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
7. Third Party Services
The Services may permit or enable you to interact with other websites, services or resources on the Internet or other mobile applications (“Third Party Services”), and other Third Party Services may contain interact or integrate with the Services. When you access Third Party Services on the Internet, you do so at your own risk. These Third Party Services are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such Third Party Services. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any Third Party Services.
8. Payments and Billing
- Paid Services. Certain of our Services are subject to payments (the “Paid Services”). Please see here for a description of the current Paid Services, including our various membership services (“Memberships”), and here to go to the Casa Store, where we offer for purchase Casa’s own products (“Casa Products”) and the products of third party providers (such products “Third Party Products” and such providers “Third Party Providers”) through the Services. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service or purchasing Casa Products or Third-Party Products (individually and collectively, “Products”) are deemed part of this Terms of Service.
- Billing. Depending on which payment option you choose, we either (i) use Stripe, a third-party payment processor (the “Payment Processor”), to bill you, through a payment account linked to your Account on the Services (your “Billing Account”), or (ii) bill you directly using BTCPay, for payment in a digital currency accepted by us at the time of the transaction (a “Casa-Accepted Digital Currency”), for use of the Paid Services, and for any purchases of Products that you make through your Account. If you do not have an Account on the Services and purchase Products, we either use the Payment Processor to bill you through a payment method accepted by the Payment Processor at the time of your purchase or bill you directly using BTCPay, again depending on your chosen payment method. You acknowledge that your payments will be subject to the terms and conditions (including without limitation exchange and conversion rates) and privacy policies of the financial institution, credit card or debit card issuer, Exchange, or other provider of your chosen payment method, as applicable, in addition to these Terms of Service. (The processing of payments by our Payment Processor will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Terms of Service, which for United States users can be found here.) We are not responsible for error by the Payment Processor or by your chosen financial institution, credit card or debit card issuer, Exchange, or other payment provider, and reserve the right to correct any such errors or mistakes even if payment has already been requested or received. By choosing to use Paid Services, including Memberships, and/or purchase Products, you agree to pay us, either through the Payment Processor or directly in a Casa-Accepted Digital Currency, as applicable, all charges at the prices then in effect for any use of such Paid Services or purchase of such Products, in accordance with the applicable payment terms, and you authorize us to charge your chosen payment provider through the Payment Processor or to transfer Casa-Accepted Digital Currency from your holdings in an Exchange directly to Casa (your “Payment Method”). You agree to make payment using that selected Payment Method.
- Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, Exchange or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
- Recurring Billing. Some of the Paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY OR YEARLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, EMAIL [email protected] OR CALL (908) 793-8654.
- Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR PAYMENT METHOD. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR PAYMENT METHOD CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR (IF APPLICABLE) IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT BY EMAILING [email protected] IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
- Change in Amount Authorized. If the amount to be charged to your Billing Account or Exchange varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider or Exchange will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
- Auto-Renewal for Membership Services. Unless you opt out of auto-renewal, which can be done by emailing [email protected], any Memberships you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or resign your Membership at any time, email [email protected] If you terminate a Membership, you may use your subscription until the end of your then-current term; your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
- Reaffirmation of Authorization. Your non-termination or continued use of a Membership, or other Paid Service that is offered on a subscription basis, reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.
- Free Trials and Other Promotions. Any rules, policies, or procedures presented to you in connection with a free trial or promotional offer, including without limitation any that involve SatsBack, shall govern such free trial and promotional offer and shall be incorporated into these Terms of Service. Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial. You must stop using a Paid Service before the end of the trial period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Service, please contact us at [email protected] or at (908) 793-8654.
- Product Descriptions and Availability. Descriptions, images, references, features, content, specifications, products, prices, and availability of any Products made available through the Services are subject to change without notice. The inclusion of any Products on the Services at a particular time does not imply or warrant that these products will be available at any time. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any Product on the Services; to bar any user from making any or all purchases; or to refuse to provide any user with any product.
- Pricing. The current prices can be found on the Casa Store. Such prices do not include any shipping and handling charges, or taxes, which will be noted in the payment terms presented to you during the checkout process.
- Your Legal Obligations. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the possession, use, and sale of any Product purchased through the Services. By placing an order, you represent that the Products ordered will be used only in a lawful manner.
- Returns and Refunds. Please review our policy here.
- Customer Service. If you have any questions about a particular Product, or you have questions about shipping, returns, or refunds, please contact us at [email protected].
- Rewards Program. By taking certain actions described on the SatsBack Program page in connection with the Services (“Qualifying Actions”), users may be eligible to receive certain rewards from Casa (“SatsBack”), as set forth therein and in accordance with these Terms of Service. Your eligibility to participate in the SatsBack Program and to receive SatsBack is subject to Casa’s sole discretion at all times. The terms and conditions relating to any Qualifying Actions or SatsBack programs are subject to change without notice. The inclusion of any Qualifying Actions or SatsBack programs at a particular time does not imply or warrant that they will be available at any time. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any SatsBack promotions; to bar any user from redeeming any accumulated SatsBack; or to refuse to provide any user with any SatsBack. SatsBack may only be redeemed by the user who accrued them.
- Redemption. In order to redeem accrued SatsBack for Bitcoin, you must establish and maintain an active Account and control a Non-Custodial Wallet, as well as provide Casa with the information necessary to transfer your redeemed Bitcoin to that Non-Custodial Wallet. You acknowledge and agree that if you elect to terminate or delete your Account before you have redeemed all accrued SatsBack, you abandon any claim and forfeit all rights to the remaining SatsBack in your Account at that time. Casa shall not be liable to you for any SatsBack in your Account upon any termination of your Account. Additionally, as a condition of redemption, you must not be a resident of a country subject to economic or trade sanctions by the U.S. State Department or U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”) or be listed as a “Specially Designated National,” a “Specially Designated Global Terrorist,” a “Blocked Person,” or similar designation under the OFAC sanctions regime. You further agree to provide additional information Casa requested by Casa as a condition for redeeming SatsBack.
- Calculations. Casa shall calculate eligible SatsBack redemption amounts using a ratio of Satoshi’s (one hundred millionth of a single bitcoin (0.00000001 Bitcoin)) to SatsBack reward points (“SatsBack Peg”). The Bitcoin value will be determined by the SatsBack Peg as of the applicable SatsBack redemption date, and based on the number of accumulated SatsBack being redeemed on such date. All calculations and determinations, including the determination of the SatsBack Peg on any given SatsBack redemption date and whether any particular action meets the requirements for a Qualifying Action, shall be performed by Casa at its sole discretion. The current SatsBack Peg can be found on the SatsBack program page. Casa hereby disclaims any and all liability in connection with (i) incorrect information obtained from third parties regarding the value of Bitcoin on any given date, or (ii) any disputes over the value of Bitcoin on any given date.
- Limitations. Your Account may not have access to more than $1,000 US Dollars in SatsBack rewards (the “SatsBack Account Limit”) on any single date. Casa determines the US Dollar value of your account based on the price listed on cryptocompare.com. You will not receive any SatsBack for a Qualifying Action if such SatsBack would cause either (i) your Account balance to exceed the SatsBack Account Limit, or (ii) the total of all your redemptions executed on that date to exceed the SatsBack Account Limit. Additionally, you may not transfer any SatsBack to other users of the Services or third parties, or cause SatsBack earned for a Qualifying Action to be credited to another user.
- Your Legal Obligations. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements and tax obligations) in regard to the receipt of any Bitcoin in connection with redemption of SatsBack. You acknowledge that you may be taxed on any receipt of Bitcoin, depending on federal, state, and local laws applicable to you, and agree that you will be solely responsible for any and all tax liability arising out of the consideration received in connection with redeeming SatsBack.
- Customer Service. If you have any questions about SatsBack or the SatsBack Program, please contact us at [email protected].
We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your Account, you may do so by following the instructions on the Site or through the Services. Any fees paid hereunder are non-refundable. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
12. iOS Terms
iOS Terms. As mentioned above, these Terms of Service apply to your use of all the Services, including the Apps for iOS available via the Apple, Inc. (“Apple”) App Store (each an “iOS App”), but the following additional terms also apply to the iOS Apps:
- Both you and Casa acknowledge that the Terms are concluded between you and Casa only, and not with Apple, and that Apple is not responsible for the App or the Content;
- The App is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
- You will only use the App in connection with an Apple device that you own or control;
- You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
- In the event of any failure of the App to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
- You acknowledge and agree that Casa, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the App;
- You acknowledge and agree that, in the event of any third party claim that the App or your possession and use of the Application infringes that third party’s intellectual property rights, Casa, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
- You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
- Both you and Casa acknowledge and agree that, in your use of the App, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
- Both you and Casa acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms of Service, and that upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
13. Warranty Disclaimer
- Casa has no special relationship with or fiduciary duty to you. You acknowledge that Casa has no duty to take any action regarding:
- which users gain access to the Services;
- what Content you access via the Services; or
- how you may interpret or use the Content.
- You acknowledge that digital or virtual currencies, and platforms and marketplaces for same, involve significant financial, legal, and other risks (collectively, “Risks”). You further acknowledge and agree that (a) you are solely responsible for learning about such Risks; (b) Casa shall have no responsibility to alert you about any Risks; and (c) any information relating to digital or virtual currencies, platforms and marketplaces for same, and Risks that are provided by Casa or its representatives in connection with the Services is for informational purposes only, and shall under no circumstances be construed as advice or direction of any kind.
- You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
- SUBJECT TO SECTION 12(E) BELOW, THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
- EACH OF THE CASA PRODUCTS PURCHASED FROM US ARE COVERED BY AN APPLICABLE WARRANTY. ANY AND ALL SUCH WARRANTIES ARE INCORPORATED BY REFERENCE INTO THESE TERMS OF SERVICE. TO THE EXTENT THERE IS A CONFLICT BETWEEN THE TERMS OF THE WARRANTY AND THESE TERMS OF SERVICE, THE TERMS OF THE WARRANTY WILL GOVERN WITH RESPECT TO CASA PRODUCTS PURCHASED FROM US. IF THERE IS AN ISSUE WITH YOUR CASA PRODUCTS, THEN PLEASE REVIEW THE WARRANTY AND CONTACT US AT [email protected]
- THIRD PARTY PRODUCTS PURCHASED BY YOU THROUGH THE SERVICES ARE NOT OUR PRODUCTS, AND WE DISCLAIM ANY AND ALL WARRANTIES RELATED TO SUCH THIRD PARTY PRODUCTS. EACH THIRD PARTY PRODUCT PROVIDER IS FULLY RESPONSIBLE FOR THE THIRD PARTY PRODUCTS SOLD THROUGH THE SERVICES. YOU WAIVE AND RELEASE US FROM ANY AND ALL INJURIES, DAMAGES, CLAIMS, LIABILITIES, AND COSTS SUCH THIRD PARTY PRODUCTS MAY CAUSE YOU TO SUFFER ARISING FROM OR RELATED TO ANY ACT OR OMISSION OF ANY THIRD PARTY PRODUCT PROVIDER IN CONNECTION WITH SUCH PROVIDER’S THIRD PARTY PRODUCTS. WE ARE NOT RESPONSIBLE FOR EXAMINING OR EVALUATING, AND WE DO NOT WARRANT THE OFFERINGS OF ANY THIRD PARTY OR THIRD PARTY PRODUCTS. WE DO NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR THE ACTIONS, PRODUCTS AND CONTENT OF THIRD PARTY PRODUCT PROVIDERS OR ANY OTHER THIRD PARTIES. YOUR PURCHASE AND USE OF THIRD PARTY PRODUCTS IS SOLELY AT YOUR OWN RISK.
You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from any and all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or Casa Products, or otherwise from your submitted Content, violation of these Terms of Service, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
15. Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, PRODUCT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES OR PRODUCTS (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF the greater of (A) AS APPLICABLE, (1) fees paid to us for the particular Services during the immediately previous three (3) month period or (2) AMOUNTS paid to us for products purchased through the services that constitute the subject matter of the claim, or (B) $500.00.
16. ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
- Arbitration. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF NEW YORK. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Service. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms of Services must be filed within one (1) year after such claim of action arose or be forever banned.
- Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.
17. Governing Law and Jurisdiction
These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, including its conflicts of law rules, and the United States of America, and without regard to the Convention on Contracts for the International Sale of Goods. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of New York County, New York.
We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these Terms of Service periodically for changes. Your continued use of the Services following notification of any changes to these Terms of Service constitutes acceptance of those changes, which will apply to your continued use of the Services going forward. Your use of the Services is subject to the Terms of Service in effect at the time of such use.
- Entire Agreement and Severability. These Terms of Service are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder
- Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
- Assignment. These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
- Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.
- Notices. Unless otherwise specified in these Term of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to [email protected]
- No Waiver. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
- Headings. The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.
Contact. You may contact us at the following address: Casa Inc., P.O. Box 20575, Charleston, S.C. 29413, United States.
Effective Date of Terms of Service: August 20, 2019