Terms and Conditions

Please carefully read these terms of service (the “Conditions”) before signing-up to be provided with access to a crypto wallet because they contain important information about your legal rights and obligations.

‍

By clicking the [“I accept”] button on the App (as defined below), you confirm your acceptance to the Agreement (as defined below) and that acceptance forms a legally-binding contract between you and us from the Commencement Date (as defined below).  

1. INTRODUCTION

‍

1. About us. ‘Doshi’ is a crypto wallet software service provided by Doshi App Limited, a private limited company incorporated and registered in England and Wales with company number 13807674 whose registered address is at 36 Gloucester Place Mews, London W1U 8BA (we, us and our). 

2. Contact us. If you have a general enquiry or if there is anything that you don’t understand in these Conditions then please contact us by email at hello@doshi.app.

3. Agreement. These Conditions, together with our General App Terms and Conditions and our Privacy Notice (together, the “Agreement”) apply to your use of the App. By accepting this Agreement and using the App you confirm that you are at least 13 years old.    

4. Definitions. The following definitions apply in these Conditions:

‍

App: the ‘Doshi’ mobile application through which you can access the Services. 

‍

Business Day: a day other than a Saturday, Sunday or a public holiday in England when banks in London are open for business.

‍

Commencement Date: the date on which you click the [“I accept”] button on the App to confirm your acceptance of the terms of the Agreement. 

‍

Crypto Learning Academy: our learning modules relating to Crypto Assets which are provided via the App and for which you may receive (should you accept the same) rewards after passing any such module.   

‍

Crypto Assets: any digital asset, digital currency, cryptocurrency, cryptoasset, stablecoin or tokenised asset which is accepted by us for use with a Wallet in accordance with the Documentation.  

‍

Documentation: the description of the Services and the user instructions for the Services made available to you via the App and the Website, as updated from time to time.

‍

Fork: a change to the underlying protocol of a Crypto Assets network that results in more than one version of a Crypto Asset, the result of which may be one or more versions that are not supported by us.

‍

Full User: means you, only if you are 18 years or older when you accept the terms of this Agreement on the Commencement Date, or any Unsponsored User or Sponsored User who is upgraded to a Full User pursuant to the terms of clause 3.1.3. 

‍

Normal Business Hours: 09.00 to 17.00 UK time, each Business Day.

‍

Services: our provision of access to Wallets and all ancillary services relating to the same set out in the Documentation including, but not limited to, access to the Crypto Learning Academy.

‍

Sponsored User: an individual with access to a Wallet who is under the age of 18 and who you, as a Full User, have sponsored to have access to that Wallet in accordance with the terms of these Conditions. 

‍

Term: the duration of the Agreement from the Commencement Date until its termination in accordance with clause 11 or as otherwise expressly stated in these Conditions. 

‍

Unsponsored User: means you, only if you were under the age of 18 when you accepted the terms of this Agreement on the Commencement Date and you have not become a Sponsored User or Full User in accordance with the terms of these Conditions.   

‍

User Data: the data that you (and any of your Sponsored Users, if applicable) provide us in the course of registering to use the Services and during the course of your use of the Services.

Virus: anything or device (including any software, code, file or program) which may (i) prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; (ii) prevent, impair or otherwise adversely affect access to or the operation of any program or data, including the reliability of any program or data (whether by re-arranging, altering or erasing the program or data in whole or part or otherwise); or (iii) adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices.

Wallet: the wallet software accessible via the App that permits you and, if applicable, any of your Sponsored Users, to self-custody and transact in Crypto Assets.  

‍

Website: the website located at the www.doshi.app.

‍

2. YOUR OBLIGATIONS

‍

1. Subject to the restrictions in this clause 2 and the other terms and conditions of these Conditions, we hereby grant you a non-exclusive, non-sublicensable, non-transferable right to access the Services during the Term and, if you are a Full User, to permit your Sponsored Users to access the Services (solely for your (and their) personal use).

2. By entering into this Agreement, you confirm that you will not upload or distribute any material during the course of your use of the Services that:

‍

1. contains a Virus; 

2. is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;

3. facilitates illegal activity;

4. depicts sexually explicit images;

5. promotes unlawful violence;

6. is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or

7. is otherwise illegal or causes damage or injury to any person or property (for example confidential information relating to the affairs of your employer or another business);

‍

and we reserve the right, without liability and without affecting our other rights, to remove any such material and block your access to the Services if such material breaches the provisions of this clause. 

‍

3. You will not:

‍

1. except as may be allowed by any applicable law:

‍

1. attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Services in any form or media or by any means; or

2. attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Services; 

2. access all or any part of the Services in order to build a product or service which competes with the Services; or

3. use the Services to provide services to third parties; or

4. subject to clause 12.1, license, sell, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services available to any third party; or

5. introduce or permit the introduction of, any Virus into our network and information systems.

‍

4. You will:

‍

1. provide us with all necessary co-operation and access to such information as we may require in order to provide the Services to you;

2. comply with applicable laws and regulations with respect to your use of the Services;

3. ensure that your Sponsored Users (if applicable) use the Services and the Documentation in accordance with the terms and conditions of the Agreement and shall be responsible for any Sponsored User's breach of the Agreement;

4. ensure that your network and mobile devices (and, if applicable, those of your Sponsored Users) comply with the relevant description we specify from time to time; 

5. be solely responsible for procuring, maintaining and securing your network connections from your mobile devices (and, if applicable, those of your Sponsored Users) to the Services and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to such network connections or caused by the internet; and

6. you and, where applicable, your Sponsored Users, shall own all right, title and interest in and to all of the User Data that is not personal data and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of all such User Data.

‍

3. WALLET FUNCTIONALITY AND RISKS

‍

1. Usage Rights 

‍

1. The functionality of your Wallet will be determined by whether you are a Full User, Sponsored User or Unsponsored User and such functionality will be set out in the Documentation. If you are a Full User, you will have the right, from time to time and at your sole discretion, to alter the functionality of the Wallets used by your Sponsored Users in accordance with the Documentation.

2. If you are an Unsponsored User and you wish to receive the Wallet functionality available to a Sponsored User, you will need to nominate an adult (i.e. a parent or guardian aged 18 or over) to sponsor your use of the Services via the App (a “Sponsor”). Once we have the contact details of your suggested Sponsor, our ID verification provider will contact them and ask them to provide their identification documentation in order to prove their age and identity, the acceptance of which by us is at our sole discretion. In the event that we notify your proposed Sponsor that they have provided us with sufficient documentation to prove their age and identity, we will prompt them to accept the terms of this Agreement via the App. Upon the Sponsor’s acceptance of the terms of this Agreement, your Agreement with us an Unsponsored User will automatically terminate and your use of your Wallet will be upgraded to that of a Sponsored User, albeit governed under the terms of our Agreement with your Sponsor, who will be deemed a Full User under that Agreement and who grants you the right, pursuant to clause 2.1, to use our Services and who may alter the functionality of your Wallet pursuant to the terms of clause 3.1.1.   

3. If you are an Unsponsored User or a Sponsored User and you have reached the age of 18 and wish to be upgraded to a Full User, you may upgrade via the App. You will need to provide our ID Verification provider with identification documentation to prove your age and identity, the acceptance of which by us is at our sole discretion. Upon your receipt of a written notification from us that you have been upgraded to a Full User, the terms of this Agreement will apply to you as a Full User and your Wallet will have the functionality of a Full User in accordance with the Documentation.  

‍

2. Crypto Asset transaction risks 

‍

1. Our Wallet is only capable of supporting certain Crypto Assets, as designated by us via the Documentation. You may not attempt to store any Crypto Assets in your Wallet which we do not support.

2. In order to send and receive the Crypto Assets supported by our Wallet via the relevant Crypto Assets network we provide an automated multi-factor authentication process to provide the cryptographic keys (the “Keys”) which are unique to you and facilitate access to your Crypto Assets and each of your transactions made via your Wallet. IN ORDER TO USE THIS FUNCTIONALITY YOU MUST KEEP SECURE THE EMAIL ACCOUNT LINKED TO THE SOCIAL MEDIA LOGIN THAT YOU USE TO ACCESS THE APP (YOUR “EMAIL ACCOUNT”). WE NEVER RECEIVE NOR DO WE MAINTAIN A COPY OF YOUR KEYS AND IF YOU EVER NEED TO ACCESS YOUR CRYPTO ASSETS PREVIOUSLY ACCESSED USING YOUR WALLET VIA A THIRD PARTY CRYPTO WALLET PROVIDER, YOU WILL NOT BE ABLE TO DO SO IF YOU LOSE ACCESS TO YOUR EMAIL ACCOUNT AND THE APP (BOTH OF WHICH ARE REQUIRED TO RECOVER YOUR KEYS).  

3. In order to be completed, any Crypto Assets transaction involving your Wallet must be confirmed and recorded in the Crypto Assets ledger associated with the relevant Crypto Assets network. Such networks are decentralised, peer-to-peer networks supported by independent third parties, which are not owned, controlled or operated by us. 

4. We have no control over any Crypto Assets network and therefore cannot and do not ensure that any transaction details you submit via our Services will be confirmed on the relevant Crypto Assets network. The transaction details you submit via our Services may not be completed, or may be substantially delayed, by the Crypto Assets network used to process the transaction. We do not guarantee that your Wallet can transfer title or right in any Crypto Assets or make any warranties whatsoever with regard to title.

5. Once transaction details have been submitted to a Crypto Assets network, we cannot assist you to cancel or otherwise modify your transaction or transaction details. We have no control over any Crypto Assets network and do not have the ability to facilitate any cancellation or modification requests.

6. In the event of a Fork or other network disruption, there is a risk that we may need to temporarily suspend operations in relation to that Fork without providing advance notice to you. We may decline to support either or both branches of a Fork. You acknowledge the risks presented by Forks and you accept that we have no responsibility to assist you to move or sell a new version of a Crypto Asset on an unsupported branch of a forked protocol and understand that the unsupported forked Crypto Assets may not be made available to you. We are not responsible for any loss incurred by you caused in whole or in part, directly or indirectly, by a Fork or other network disruption.

7. We do not receive or store your Keys. You hereby acknowledge that recovery of your Keys is reliant on access to your Email Account and that you are solely responsible for remembering, storing and keeping secret the credentials to access your Email Account. Any Crypto Assets you have associated with such Wallet may become inaccessible if you do not know or keep secret access to your Email Account and, in order to prevent the possibility of a third party accessing and disposing of Crypto Assets in your Wallet you acknowledge that it is your responsibility to keep secret the credentials to access your Email Account.

‍

8. When you are provided with access to a Wallet, you must: 

‍

1. create a strong password that you do not use for any other website or online service; 

2. provide accurate and truthful information; 

3. protect and keep secret all credentials for the Wallet;

4. protect access to your device and your Wallet; and

5. promptly notify us if you discover or otherwise suspect any security breaches related to your Wallet. 

‍

4. THIRD PARTY PROVIDERS

‍

1. You acknowledge that the Services may enable you to access third party websites and/or mobile apps and allow you to correspond with, and purchase products and services from, those third-parties and that you do so solely at your own risk. 

‍

2. We make no representation, warranty or commitment and will have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any third-party website or mobile app, or any transactions completed, and any contract entered into by you, with any such third party. Any contract entered into and any transaction completed via any third-party website or mobile app is between you and the relevant third party, and not us. We recommend that you refer to the third party's website terms and conditions and privacy policy prior to using the relevant third-party website or mobile app. We do not endorse or approve any third-party website or mobile app nor the content of any of the third-party website or mobile app made available via the Services.

‍

2. OUR RESPONSIBILITIES

‍

1. Performance of the Services 

‍

1. We will provide the Services in accordance with the Documentation and using reasonable skill and care.

2. The commitment at clause 5.1.1 will not apply to the extent of any non-conformance which is caused by use of the Services contrary to our instructions or modification of the Services by any party other than us or our contractors or agents. If the provision of the Services does not conform with the commitment in clause 5.1.1, we will, at our expense, use reasonable efforts to correct any such non-conformance promptly.  Such correction constitutes your sole and exclusive remedy for any breach of the commitment in clause 5.1.1.

‍

2. Disclaimers 

1. We do not give investment, tax, legal, or other professional advice by allowing you to use the Services (including, in particular, by providing you with access to the Crypto Learning Academy) or providing you with the ability to purchase, sell, or store Crypto Assets, and we do not recommend, or endorse that you purchase or sell any particular Crypto Assets, or make any investment. Before engaging in any transaction or investment activity involving Crypto Assets, you should consult a qualified professional. You acknowledge that: (a) you are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for you; (b) you are familiar with the operation of Crypto Asset trading and have the experience required to use the Services; and (c) you are responsible for determining whether using the Services is legal in your jurisdiction and you shall not use any of the Services if such use is illegal. Your use of the Services requires you to bear risks for which we will not be held responsible. We list some, but not all of these risks below:

‍

1. Hardware, software or connections required to interact with a Crypto Assets network might fail, succumb to malware, unauthorised access or malicious attacks. Third parties may obtain unauthorised access to the Services, including, but not limited to your public and private keys. We shall not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Services and caused by such unforeseeable third-party actions. 

2. The risk of loss of value in using the Services in conjunction with Crypto Assets may be substantial and losses may occur over a short period of time. In addition, price and liquidity are subject to significant fluctuations that may be unpredictable. The price (which can go up or down and even drop to zero) and liquidity of Crypto Assets have been subject to large fluctuations in the past and may be subject to large fluctuations in the future.

3. Legislative and regulatory changes at the state, federal or international level may adversely affect the use, transfer, exchange and value of Crypto Assets. It is possible that in the future, certain laws, regulations, policies or rules relating to Crypto Assets may be implemented, which would directly or indirectly affect or restrict your interaction with our Services and your ability to use, transfer or exchange Crypto Assets.

4. Crypto Assets transactions may not be reversible. Once you send Crypto Assets to an address, you may lose access to your Crypto Assets temporarily or indefinitely. For example, an address may have been entered incorrectly, or an address may belong to an entity that will not return your Crypto Assets.

‍

3. Crypto Learning Academy. Insofar as is permitted by law, we will not in any circumstances be responsible or liable to compensate you or accept any liability for any loss or damage occurring as a result of your receipt of any reward following your successful completion of a module of the Crypto Learning Academy, except where it is caused by our negligence. Your statutory rights are not affected.

‍

2. DATA PROTECTION

We take data protection seriously. We will collect, share and store your personal data in accordance with our Privacy Notice [hyperlink]. 

‍

3. FEES

‍

We do not currently charge a fee for your use of the Services. However, network fees (including, without limitation ‘miner’s fees’) required to use a Crypto Assets network may apply to a transaction involving your Wallet. You are solely responsible for paying any such fee and we shall not advance or fund such a fee on your behalf. 

‍

4. INTELLECTUAL PROPERTY RIGHTS

‍

1. You acknowledge and agree that we and/or our licensors own all intellectual property rights in the Services and the Documentation. Except as expressly stated in clause 2.1, this Agreement does not grant you any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Services or the Documentation.

2. We confirm that we have all the rights in relation to the Services that are necessary to grant all the rights we purport to grant under, and in accordance with this Agreement. 

‍

5. LIMITATION OF OUR LEGAL LIABILITY 

‍

1. If we fail to comply with this Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching this Agreement or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, on the Commencement date, Doth we and you knew it might happen.

2. We only supply the Services for your domestic and private use. If you use the Services for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, wasted expenditure, business interruption, or loss of business opportunity.

3. The content we provide which is accessible via the Services (including, in particular, that provided via the Crypto Learning Academy) is provided for general information only. It is not intended to amount to advice on which you should rely. You must carry out your own research or where appropriate obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content we provide which is accessible via the Services. Although we make reasonable efforts to update the information we provide which is accessible via the Services, we make no representations, warranties or commitments, whether express or implied, that such content is accurate, complete or up to date.

4. We are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over the internet, and you acknowledge that the services may be subject to limitations, delays and other problems inherent in the use of the internet.

5. Nothing in this Agreement shall limit or exclude any liability which cannot legally be limited or excluded. 

‍

6. HOW TO MAKE A COMPLAINT 

‍

If you have a complaint about the Services then please let us know by sending an email to hello@doshi.app.

‍

7. TERMINATION

‍

1. You may terminate this Agreement at any time with immediate effect by sending an email to hello@doshi.app.

2. We may terminate this Agreement at any time with immediate effect by sending an email to you using the email address that you entered into when signing up to use the Services, or any alternative notified to us by you thereafter if:

‍

1. your use of the Services breaches this Agreement; or 

2. termination is necessary for our business purposes. 

3. On termination of this Agreement for any reason we may destroy or otherwise securely dispose of any of your confidential information and personal data set out on our servers where there is no valid reason for us to continue to process it. 

4. Any rights, remedies, obligations or liabilities that have accrued up to the date of termination, including the right to claim damages in respect of any breach of these Agreement which existed at or before the date of termination shall not be affected.

‍

8. GENERAL TERMS 

‍

1. Assignment and other dealings. We may assign or transfer our rights and obligations under this Agreement to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under this Agreement. You cannot assign or transfer your rights or obligations under this Agreement to another person without our prior written consent.

‍

2. Variations. We reserve the right to change this Agreement from time to time (for example to reflect a change in the law or a regulatory requirement) without liability to you by giving you not less than 5 days’ prior written notice. Your continued active use of the Services beyond the date specified in the notice will constitute your acceptance of the updated Agreement.  

‍

3. Severance. Each of the clauses of these Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect. 

‍

4. No waiver. If we do not insist immediately that you do anything you are required to do under this Agreement, or if we delay in taking steps against you in respect of your breach of this Agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

‍

5. No third party rights. This Agreement is between you and us. No other person shall have any rights to enforce any terms of this Agreement.

‍

6. Entire agreement. The Agreement constitutes the entire agreement between you and us relating to its subject matter and it replaces and extinguishes all previous agreements, promises and understandings between us, whether written or oral, relating to the subject matter of this Agreement. 

‍Governing law and courts. This Agreement is governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.