RABBIT.IO TERMS OF USE
The present Terms of Use (“Terms”), last updated May 2021, govern the relationship between you (“User”) and Rabbit.io (“RABBIT.IO”, “us” or “we”), a company organized and existing under the laws of Switzerland and registered office in Geneva, Switzerland, and define the rights and obligations of the parties in connection with the use of the RABBIT Wallet, located at rabbit.io (“Website”).
These Terms constitute a legal agreement and create a binding contract between you and RABBIT.IO. By using, attempting to use, and directly or indirectly interacting with the RABBIT Wallet users, you explicitly acknowledge and agree to these Terms, as amended and published on the Website. You acknowledge that you have read and understood these Terms. If you do not agree with these Terms, do not use the RABBIT Wallet.
These Terms may be updated by RABBIT.IO, in its sole discretion, at any time without any prior notice requirement. The current version of the Terms, as published on the Website, is applicable. In case of amendments to these Terms, your continued use of the RABBIT Wallet is deemed your acceptance of the modified agreement and rules. If you do not agree with such amendments, you must stop using the RABBIT Wallet immediately.
General Provisions
By accessing and using the RABBIT Wallet, you represent and warrant that you:
You further warrant and represent that you will NOT:
You hereby further agree and acknowledge that the violation of the aforementioned representations and warranties may result in the initiation of termination proceedings in accordance with these Terms.
Use of the RABBIT Wallet
After registering on the RABBIT.IO Website and/or downloading the RABBIT Wallet application and being duly registered as a user, you can access an existing wallet by entering your password or create a new wallet.
RABBIT.IO does not have, at any point in time, access to the users’ funds and/or passwords. If you lose access to your device, you expressly acknowledge and agree that any crypto-asset associated with that RABBIT Wallet will become inaccessible, unless you have created a backup of the RABBIT Wallet by writing down the wallet’s mnemonic words and passphrase. “Mnemonic words” is a list of words which store all the information needed to recover funds on-chain. Passphrase can be created by the user to improve security. The RABBIT Wallet may typically generate mnemonic words and instruct the user to write it down on paper. If passphrase is used during the wallet creation then it should be written down too. You expressly acknowledge and agree that you are solely responsible for safekeeping your device, including the prompt and timely installation of any updates or patches as necessary, and taking reasonable steps to keep the details you use to access the RABBIT Wallet and/or Digital assets safe to prevent their fraudulent use. If you suspect or become aware that the details that you use to access the RABBIT Wallet and/or Digital assets has been lost, stolen, compromised, used without your authorisation, or used fraudulently, you must contact us immediately through the channels listed at the end of these Terms.
RABBIT.IO does not hold any digital assets of the user. Only the User itself can access and control its RABBIT Wallet. Therefore, you are solely responsible for keeping and securing your access to the RABBIT Wallet. The balance of digital assets displayed by the RABBIT Wallet in the user interface of your application is accurate and the balance represents the current amount of digital assets you are able to transfer or exchange. The orders of transfers that you perform using the RABBIT Wallet are final and cannot be canceled, returned or refunded.
If you are a representative of a corporation, governmental organization or other legal entity, you may be required to prove that you have the right, power and authority to enter into these Terms on behalf of the corporation, governmental organization or other legal entity and to legally bind it to these Terms.
In addition, RABBIT.IO may require you to provide documentation to verify the information you have submitted to RABBIT.IO including, without limitation, an identification card or a passport, a utility bill, a bank statement or any document proving your identity issued by a governmental body.
Moreover, your access and/or use of the RABBIT Wallet is subject to international economic sanctions requirements. By accessing and/or using the RABBIT Wallet, you acknowledge and agree that you will comply with those requirements.
Availability
RABBIT.IO shall endeavor, as far as possible, to keep the Website and the RABBIT Wallet accessible without discontinuation. However, access to the RABBIT Wallet and the Website may be temporarily suspended due to technical maintenance, migration or updates, or due to breakdowns or constraints in relation with the operation of the internet and/or the RABBIT.IO Protocol Suite. RABBIT.IO is not liable for any malfunction or inability to access the RABBIT Wallet or the Website attributable to third parties, because of unsuitable equipment of the User or because of any other circumstances not attributable to RABBIT.IO.
Although RABBIT.IO intends to provide accurate and timely information on the RABBIT Wallet and on the Website, the information provided may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. Accordingly, the User shall verify all information before relying on it, and all decisions based on information contained on the RABBIT Wallet and the Website are in the sole responsibility of the User and RABBIT.IO shall have no liability for such decisions.
Notwithstanding the above, RABBIT.IO reserves the right to limit the scope of the services relating to the RABBIT Wallet, in RABBIT.IO’s sole discretion and without prior notification. Limitation of the services may depend on the established security level of the account. Please also note that certain services might be subject to geographical restrictions and may not be available in your country. In addition, RABBIT.IO reserves the right to choose markets and jurisdictions to conduct business, and may restrict or refuse, in its sole discretion, access to its RABBIT Wallet services in certain countries or regions.
No Financial or Tax Advice
No communication or information provided to you by RABBIT.IO is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice. RABBIT.IO is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in connection with any trades or other decisions or activities affected by you using RABBIT Wallet services.
Unless otherwise specified in these Terms, all transactions within the RABBIT.IO environment are executed automatically, based on the parameters of your instructions. You are solely responsible for determining whether any transaction is appropriate for you according to your personal needs. You shall be solely responsible for any loss or liability therefrom. RABBIT.IO encourages you to seek legal, tax, technical and financial advice from professionals prior engaging in transactions with your RABBIT Wallet. RABBIT.IO does not recommend that any digital asset should be bought, earned, sold, or held by you. Before making the decision to buy, sell or hold any digital asset in your RABBIT Wallet, you should conduct your own due diligence and consult your financial advisors prior to making any investment decision. RABBIT.IO will not be held responsible for the decisions you make to buy, sell, or hold any digital asset based on the information provided by RABBIT.IO.
In addition, it is your sole responsibility to determine whether, and to what extent, any taxes apply to any and all transactions associated with your receipt or transfer of digital assets, and/or to the transactions you conduct, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. RABBIT.IO is not obligated to, and will not determine whether, and to what extent, taxes apply, or calculate, collect, report, or remit any taxes to any tax authority arising from any transaction.
IP Rights
You hereby agree that using the RABBIT Wallet does not cause RABBIT.IO to transfer the RABBIT Wallet or the ownership or intellectual property rights of any RABBIT.IO intellectual property to you or anyone else. All the text, graphics, user interfaces, visual interface, photos, sounds, process flow diagrams, computer code (including html code), programs, software, products, information and documents, as well as the design, structure, selection, coordination, expression, look and feel, and layout of any content included in the services or provided through the RABBIT Wallet, are exclusively owned, controlled and/or licensed by RABBIT.IO or its members, parent companies, licensors or affiliates. You hereby agree not to misuse, reverse engineer, modify, or alter any of RABBIT.IO’s intellectual property for any reason without the Company’s prior written consent.
Privacy Policy
You acknowledge and agree that RABBIT.IO may collect, store and process your personal data and/or information. By accessing and/or using the RABBIT Wallet, you acknowledge and agree that you have read, understood, and accepted the terms of RABBIT.IO’s Privacy Policy, (available at https://rabbit.io/docs/legal/privacy-policy.html) , and you acknowledge and agree that RABBIT.IO may process such data and/or information in accordance with its terms.
Disclaimer
To the maximum extent permitted under the applicable law, the RABBIT Wallet, as well as any product, service or other item provided by or on behalf of RABBIT.IO are offered on an “as is” and “as available” basis, and RABBIT.IO expressly disclaims, and you waive, any and all other warranties of any kind, whether express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, title or non-infringement or warranties arising from course of performance, course of dealing or usage in trade. Notwithstanding the foregoing, RABBIT.IO does not represent or warrant that the Website, the RABBIT Wallet or any other RABBIT.IO services or materials are accurate, complete, reliable, current, error-free, or free of viruses or other harmful components. RABBIT.IO does not guarantee that any order will be executed, accepted, recorded or remain open. Except for the express statements, agreements and rules set forth in these Terms, you hereby acknowledge and agree that you have not relied upon any other statement or agreement, whether written or oral, with respect to your use and access of the RABBIT Wallet. Without limiting the foregoing, you hereby understand and agree that RABBIT.IO will not be liable for any losses or damages arising out of or relating to: (a) any inaccuracy, defect or omission of digital assets price data, (b) any error or delay in the transmission of such data, (c) interruption in any such data, (d) regular or unscheduled maintenance carried out by RABBIT.IO and service interruption and change resulting from such maintenance, (e) any damages incurred by other users’ actions, omissions or violation of these Terms, (f) any damage caused by illegal actions of other third parties or actions without authorized by RABBIT.IO; (g) any damage caused by government or regulatory bans on activities relating to crypto-currencies and (h) other exemptions mentioned in disclaimers and RABBIT.IO other governing rules issued by RABBIT.IO.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event will RABBIT.IO, its affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors be liable for any incidental, indirect, special, punitive, consequential or similar damages or liabilities whatsoever (including, without limitation, damages for loss of data, information, revenue, profits or other businesses or financial benefits) arising out of the RABBIT Wallet, any performance or non-performance of the RABBIT Wallet, or any other product, service or other item provided by or on behalf of RABBIT.IO and its affiliates, whether under contract, statute, strict liability or other theory even if RABBIT.IO has been advised of the possibility of such damages except to the extent of a final judicial determination that such damages were a result of RABBIT.IO’s gross negligence, fraud, willful misconduct or intentional violation of law.
Indemnification
You agree to indemnify and hold harmless RABBIT.IO, their affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to (i) your use of, or conduct in connection with the RABBIT Wallet, (ii) your breach or our enforcement of these Terms, or (iii) your violation of any applicable law, regulation, or rights of any third party during your use of the RABBIT Wallet. If you are obligated to indemnify RABBIT.IO, their affiliates, contractors, licensors, and their respective directors, officers, employees or agents pursuant to these Terms, RABBIT.IO will have the right, in its sole discretion, to control any action or proceeding and to determine whether RABBIT.IO wishes to settle, and if so, on what terms.
Termination of your RABBIT Wallet account
Unless otherwise provided herein, your access and use of RABBIT Wallet will remain valid until termination of these Terms by either You or by RABBIT.IO.
You are free to terminate these Terms at will at any given time.
In case of any of the following events, RABBIT.IO shall have the right to immediately terminate these Terms, without prior notice:
In the case these Terms are terminated by RABBIT.IO, you will be notified via in-app notification and given a deadline to ensure that you take all necessary measures to keep access to your funds. After expiry of the deadline, your access to the Services will be removed.
Miscellaneous
No Partnership
RABBIT.IO is an independent contractor but not an agent of you in the performance of these Terms. These Terms shall not be interpreted as facts or evidence of an association, joint venture, partnership, or franchise between the parties.
Communications
In principle, we do not communicate with you but we leave you the ability to contact us. When doing so, you agree and consent to receive electronically via your e-mail all communications that RABBIT.IO may be willing to communicate to you, including any communication, agreement, document, receipt, notice and disclosure, which may be from time to time addressed to you by RABBIT.IO.
It is your responsibility to keep your email address on file with RABBIT.IO so that we can communicate with you. You understand and agree that you forfeit the right to plead ignorance if you do not receive an electronic communication sent to you by RABBIT.IO because your email address on file is incorrect, out of date, blocked by your service provider, or because you are otherwise unable to receive electronic communications.
Severability
If any portion of these Terms is held invalid or unenforceable, such invalidity or enforceability will not affect the other provisions of these Terms, which will remain in full force and effect, and the invalid or unenforceable portion will be given effect to the greatest extent possible.
Waiver
Failure of one party to require performance of any provision will not affect that party’s right to require performance at any time thereafter. At the same time, the waiver of one party to seek recovery for the other party’s violation of these Terms or any provision of applicable terms shall not constitute a waiver by that party of any subsequent breach or violation by the other party or of the provision itself.
Third-Party Websites
Any possible links to third-party websites from the RABBIT Wallet or the Website do not imply endorsement by RABBIT.IO of any product, service, information or disclaimer presented therein, nor does RABBIT.IO guarantee the accuracy of the information contained on them. If you suffer loss from using such third-party product and service, RABBIT.IO will not be liable for such loss. In addition, since RABBIT.IO has no control over the terms of use or privacy policies of third-party websites, you should read and understand those policies carefully.
Applicable law and Jurisdiction
These Terms and the use of the Website and the App will be governed by and construed and enforced in accordance with the laws of Switzerland without giving effect to any choice or conflict of law provision or rule. Any Dispute arising out of or relating to these Terms and the use of the RABBIT Wallet, including disputes on its conclusion, binding effect, amendment and termination, shall be resolved by the ordinary courts in Geneva, Switzerland. support@rabbit.io
Version of May 2021
These Terms constitute a legal agreement and create a binding contract between you and RABBIT.IO. By using, attempting to use, and directly or indirectly interacting with the RABBIT Wallet users, you explicitly acknowledge and agree to these Terms, as amended and published on the Website. You acknowledge that you have read and understood these Terms. If you do not agree with these Terms, do not use the RABBIT Wallet.
These Terms may be updated by RABBIT.IO, in its sole discretion, at any time without any prior notice requirement. The current version of the Terms, as published on the Website, is applicable. In case of amendments to these Terms, your continued use of the RABBIT Wallet is deemed your acceptance of the modified agreement and rules. If you do not agree with such amendments, you must stop using the RABBIT Wallet immediately.
General Provisions
By accessing and using the RABBIT Wallet, you represent and warrant that you:
- as an individual, are at least 18 or are of legal age to form a binding contract under applicable laws;
- as an individual, legal person, or other organization, have full power and authority to enter into this legal relationship and by doing so will not violate any other legal relationships;
- have sufficient experience, knowledge and understanding of the working principles of our RABBIT Wallet and associated risks of dealing with digital assets in general;
- use the RABBIT Wallet at your own risk, with your own e-mail and for your own benefit and do not act on behalf and/or to the interest of any other person;
- will not use the RABBIT Wallet or will immediately cease using those if any applicable law in your country prohibits or will prohibit you at any time from doing so;
- will not use the RABBIT Wallet or will immediately cease using those if you are a resident or become a resident at any time of the state or region (in accordance with such state or region definition of residency), where the digital assets transactions you are going to execute are prohibited or require special approval, permit and/or authorization of any kind, which RABBIT.IO and/or you have not obtained in this state or region;
- shall not access and/or use the RABBIT Wallet if: (1) you are in, under the control of, or a national or resident of a country subject to United States embargo or UN sanctions (a “Sanctioned Country“), or if you are a person on the sanctions/embargoes list published by the Swiss State Secretariat for Economic Affairs (a “Sanctioned Person“); or (2) you intend to supply any cryptocurrencies or digital assets to a Sanctioned Country (or a national or resident of a Sanctioned Country) or Sanctioned Person; and
- have not previously been suspended or removed from our RABBIT Wallet.
You further warrant and represent that you will NOT:
- violate any law, contract, third-party right or commit a tort by accessing or using the RABBIT Wallet, and that you are solely responsible for your actions and/or inactions while using our RABBIT Wallet.
- use the RABBIT Wallet to pay for, support or otherwise engage in any illegal gambling activities; money-laundering; fraud; or terrorist activities; or any other illegal activities;
- use or attempt to use another user account without authorization, given knowingly and voluntarily;
- provide false, inaccurate, or misleading information;
- use the RABBIT Wallet in any manner that could interfere with, disrupt, negatively affect or inhibit other users from using our Wallet with full functionality, or that could damage, disable, overburden or impair the functioning of the Wallet in any manner.
You hereby further agree and acknowledge that the violation of the aforementioned representations and warranties may result in the initiation of termination proceedings in accordance with these Terms.
Use of the RABBIT Wallet
After registering on the RABBIT.IO Website and/or downloading the RABBIT Wallet application and being duly registered as a user, you can access an existing wallet by entering your password or create a new wallet.
RABBIT.IO does not have, at any point in time, access to the users’ funds and/or passwords. If you lose access to your device, you expressly acknowledge and agree that any crypto-asset associated with that RABBIT Wallet will become inaccessible, unless you have created a backup of the RABBIT Wallet by writing down the wallet’s mnemonic words and passphrase. “Mnemonic words” is a list of words which store all the information needed to recover funds on-chain. Passphrase can be created by the user to improve security. The RABBIT Wallet may typically generate mnemonic words and instruct the user to write it down on paper. If passphrase is used during the wallet creation then it should be written down too. You expressly acknowledge and agree that you are solely responsible for safekeeping your device, including the prompt and timely installation of any updates or patches as necessary, and taking reasonable steps to keep the details you use to access the RABBIT Wallet and/or Digital assets safe to prevent their fraudulent use. If you suspect or become aware that the details that you use to access the RABBIT Wallet and/or Digital assets has been lost, stolen, compromised, used without your authorisation, or used fraudulently, you must contact us immediately through the channels listed at the end of these Terms.
RABBIT.IO does not hold any digital assets of the user. Only the User itself can access and control its RABBIT Wallet. Therefore, you are solely responsible for keeping and securing your access to the RABBIT Wallet. The balance of digital assets displayed by the RABBIT Wallet in the user interface of your application is accurate and the balance represents the current amount of digital assets you are able to transfer or exchange. The orders of transfers that you perform using the RABBIT Wallet are final and cannot be canceled, returned or refunded.
If you are a representative of a corporation, governmental organization or other legal entity, you may be required to prove that you have the right, power and authority to enter into these Terms on behalf of the corporation, governmental organization or other legal entity and to legally bind it to these Terms.
In addition, RABBIT.IO may require you to provide documentation to verify the information you have submitted to RABBIT.IO including, without limitation, an identification card or a passport, a utility bill, a bank statement or any document proving your identity issued by a governmental body.
Moreover, your access and/or use of the RABBIT Wallet is subject to international economic sanctions requirements. By accessing and/or using the RABBIT Wallet, you acknowledge and agree that you will comply with those requirements.
Availability
RABBIT.IO shall endeavor, as far as possible, to keep the Website and the RABBIT Wallet accessible without discontinuation. However, access to the RABBIT Wallet and the Website may be temporarily suspended due to technical maintenance, migration or updates, or due to breakdowns or constraints in relation with the operation of the internet and/or the RABBIT.IO Protocol Suite. RABBIT.IO is not liable for any malfunction or inability to access the RABBIT Wallet or the Website attributable to third parties, because of unsuitable equipment of the User or because of any other circumstances not attributable to RABBIT.IO.
Although RABBIT.IO intends to provide accurate and timely information on the RABBIT Wallet and on the Website, the information provided may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. Accordingly, the User shall verify all information before relying on it, and all decisions based on information contained on the RABBIT Wallet and the Website are in the sole responsibility of the User and RABBIT.IO shall have no liability for such decisions.
Notwithstanding the above, RABBIT.IO reserves the right to limit the scope of the services relating to the RABBIT Wallet, in RABBIT.IO’s sole discretion and without prior notification. Limitation of the services may depend on the established security level of the account. Please also note that certain services might be subject to geographical restrictions and may not be available in your country. In addition, RABBIT.IO reserves the right to choose markets and jurisdictions to conduct business, and may restrict or refuse, in its sole discretion, access to its RABBIT Wallet services in certain countries or regions.
No Financial or Tax Advice
No communication or information provided to you by RABBIT.IO is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice. RABBIT.IO is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in connection with any trades or other decisions or activities affected by you using RABBIT Wallet services.
Unless otherwise specified in these Terms, all transactions within the RABBIT.IO environment are executed automatically, based on the parameters of your instructions. You are solely responsible for determining whether any transaction is appropriate for you according to your personal needs. You shall be solely responsible for any loss or liability therefrom. RABBIT.IO encourages you to seek legal, tax, technical and financial advice from professionals prior engaging in transactions with your RABBIT Wallet. RABBIT.IO does not recommend that any digital asset should be bought, earned, sold, or held by you. Before making the decision to buy, sell or hold any digital asset in your RABBIT Wallet, you should conduct your own due diligence and consult your financial advisors prior to making any investment decision. RABBIT.IO will not be held responsible for the decisions you make to buy, sell, or hold any digital asset based on the information provided by RABBIT.IO.
In addition, it is your sole responsibility to determine whether, and to what extent, any taxes apply to any and all transactions associated with your receipt or transfer of digital assets, and/or to the transactions you conduct, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. RABBIT.IO is not obligated to, and will not determine whether, and to what extent, taxes apply, or calculate, collect, report, or remit any taxes to any tax authority arising from any transaction.
IP Rights
You hereby agree that using the RABBIT Wallet does not cause RABBIT.IO to transfer the RABBIT Wallet or the ownership or intellectual property rights of any RABBIT.IO intellectual property to you or anyone else. All the text, graphics, user interfaces, visual interface, photos, sounds, process flow diagrams, computer code (including html code), programs, software, products, information and documents, as well as the design, structure, selection, coordination, expression, look and feel, and layout of any content included in the services or provided through the RABBIT Wallet, are exclusively owned, controlled and/or licensed by RABBIT.IO or its members, parent companies, licensors or affiliates. You hereby agree not to misuse, reverse engineer, modify, or alter any of RABBIT.IO’s intellectual property for any reason without the Company’s prior written consent.
Privacy Policy
You acknowledge and agree that RABBIT.IO may collect, store and process your personal data and/or information. By accessing and/or using the RABBIT Wallet, you acknowledge and agree that you have read, understood, and accepted the terms of RABBIT.IO’s Privacy Policy, (available at https://rabbit.io/docs/legal/privacy-policy.html) , and you acknowledge and agree that RABBIT.IO may process such data and/or information in accordance with its terms.
Disclaimer
To the maximum extent permitted under the applicable law, the RABBIT Wallet, as well as any product, service or other item provided by or on behalf of RABBIT.IO are offered on an “as is” and “as available” basis, and RABBIT.IO expressly disclaims, and you waive, any and all other warranties of any kind, whether express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, title or non-infringement or warranties arising from course of performance, course of dealing or usage in trade. Notwithstanding the foregoing, RABBIT.IO does not represent or warrant that the Website, the RABBIT Wallet or any other RABBIT.IO services or materials are accurate, complete, reliable, current, error-free, or free of viruses or other harmful components. RABBIT.IO does not guarantee that any order will be executed, accepted, recorded or remain open. Except for the express statements, agreements and rules set forth in these Terms, you hereby acknowledge and agree that you have not relied upon any other statement or agreement, whether written or oral, with respect to your use and access of the RABBIT Wallet. Without limiting the foregoing, you hereby understand and agree that RABBIT.IO will not be liable for any losses or damages arising out of or relating to: (a) any inaccuracy, defect or omission of digital assets price data, (b) any error or delay in the transmission of such data, (c) interruption in any such data, (d) regular or unscheduled maintenance carried out by RABBIT.IO and service interruption and change resulting from such maintenance, (e) any damages incurred by other users’ actions, omissions or violation of these Terms, (f) any damage caused by illegal actions of other third parties or actions without authorized by RABBIT.IO; (g) any damage caused by government or regulatory bans on activities relating to crypto-currencies and (h) other exemptions mentioned in disclaimers and RABBIT.IO other governing rules issued by RABBIT.IO.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event will RABBIT.IO, its affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors be liable for any incidental, indirect, special, punitive, consequential or similar damages or liabilities whatsoever (including, without limitation, damages for loss of data, information, revenue, profits or other businesses or financial benefits) arising out of the RABBIT Wallet, any performance or non-performance of the RABBIT Wallet, or any other product, service or other item provided by or on behalf of RABBIT.IO and its affiliates, whether under contract, statute, strict liability or other theory even if RABBIT.IO has been advised of the possibility of such damages except to the extent of a final judicial determination that such damages were a result of RABBIT.IO’s gross negligence, fraud, willful misconduct or intentional violation of law.
Indemnification
You agree to indemnify and hold harmless RABBIT.IO, their affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to (i) your use of, or conduct in connection with the RABBIT Wallet, (ii) your breach or our enforcement of these Terms, or (iii) your violation of any applicable law, regulation, or rights of any third party during your use of the RABBIT Wallet. If you are obligated to indemnify RABBIT.IO, their affiliates, contractors, licensors, and their respective directors, officers, employees or agents pursuant to these Terms, RABBIT.IO will have the right, in its sole discretion, to control any action or proceeding and to determine whether RABBIT.IO wishes to settle, and if so, on what terms.
Termination of your RABBIT Wallet account
Unless otherwise provided herein, your access and use of RABBIT Wallet will remain valid until termination of these Terms by either You or by RABBIT.IO.
You are free to terminate these Terms at will at any given time.
In case of any of the following events, RABBIT.IO shall have the right to immediately terminate these Terms, without prior notice:
- If RABBIT.IO suspects any such accounts to be in violation of these Terms, our Privacy Policy, or any applicable laws and regulations;
- If RABBIT.IO terminates its services in accordance with these Terms;
- If, after termination of these Terms, you allegedly register or register in any other person’s name as a user of the RABBIT Wallet again, directly or indirectly;
- If the information that you have provided is untruthful, inaccurate, outdated or incomplete;
- If, after a material change of a regulation, a civil, criminal and/or administrative practice or any other event the operation of the Wallet by RABBIT becomes illegal;
- When these Terms are amended, you state your unwillingness to accept the amended Terms by applying for cancellation of your RABBIT Wallet or by other means;
- If you request your contractual relationship with RABBIT.IO to be terminated; and
- Any other circumstances where RABBIT.IO deems, in its sole discretion, that it should terminate the services relating to the RABBIT Wallet.
In the case these Terms are terminated by RABBIT.IO, you will be notified via in-app notification and given a deadline to ensure that you take all necessary measures to keep access to your funds. After expiry of the deadline, your access to the Services will be removed.
Miscellaneous
No Partnership
RABBIT.IO is an independent contractor but not an agent of you in the performance of these Terms. These Terms shall not be interpreted as facts or evidence of an association, joint venture, partnership, or franchise between the parties.
Communications
In principle, we do not communicate with you but we leave you the ability to contact us. When doing so, you agree and consent to receive electronically via your e-mail all communications that RABBIT.IO may be willing to communicate to you, including any communication, agreement, document, receipt, notice and disclosure, which may be from time to time addressed to you by RABBIT.IO.
It is your responsibility to keep your email address on file with RABBIT.IO so that we can communicate with you. You understand and agree that you forfeit the right to plead ignorance if you do not receive an electronic communication sent to you by RABBIT.IO because your email address on file is incorrect, out of date, blocked by your service provider, or because you are otherwise unable to receive electronic communications.
Severability
If any portion of these Terms is held invalid or unenforceable, such invalidity or enforceability will not affect the other provisions of these Terms, which will remain in full force and effect, and the invalid or unenforceable portion will be given effect to the greatest extent possible.
Waiver
Failure of one party to require performance of any provision will not affect that party’s right to require performance at any time thereafter. At the same time, the waiver of one party to seek recovery for the other party’s violation of these Terms or any provision of applicable terms shall not constitute a waiver by that party of any subsequent breach or violation by the other party or of the provision itself.
Third-Party Websites
Any possible links to third-party websites from the RABBIT Wallet or the Website do not imply endorsement by RABBIT.IO of any product, service, information or disclaimer presented therein, nor does RABBIT.IO guarantee the accuracy of the information contained on them. If you suffer loss from using such third-party product and service, RABBIT.IO will not be liable for such loss. In addition, since RABBIT.IO has no control over the terms of use or privacy policies of third-party websites, you should read and understand those policies carefully.
Applicable law and Jurisdiction
These Terms and the use of the Website and the App will be governed by and construed and enforced in accordance with the laws of Switzerland without giving effect to any choice or conflict of law provision or rule. Any Dispute arising out of or relating to these Terms and the use of the RABBIT Wallet, including disputes on its conclusion, binding effect, amendment and termination, shall be resolved by the ordinary courts in Geneva, Switzerland. support@rabbit.io
Version of May 2021