Copyright © 2023 NFC Vault, Lda – All Rights Reserved
Terms last updated in January 2023 (“Update Date”)
1.1. As used herein, “You” and “Your” mean the purchaser of the NFC Vault card (“Card”). “We,” “Us,” “Our,” mean NFC Vault, Lda and its affiliates, agents, authorized representatives, successors, and assignees.
1.3. The following documents govern Your use of the Card with Us: (1) these Terms; (2) all Statements; (3) any privacy notices; (4) Our Website Terms and Conditions; (5) all disclosures and materials provided to You before or when You opened Your initial account; (7) any other documents and disclosures relating to Your account, including those provided online; and (8) any future changes We make to any of the above (collectively, the “Agreement”). Please read the Agreement carefully and store a copy for future reference.
2. Rights and Restrictions for Your Card.
2.1 These Terms apply whether or not You use Your Card or NFC Vault App. They will continue to apply as long as You have any Seed Phrases in Your NFC Vault App. You must take reasonable steps to prevent the unauthorized use of Your Card and NFC Vault App. Neither We nor our third-party services providers can block or decline Your ability to write or read Seed Phrases with your NFC Vault App. We and/or our third-party services providers are not responsible for any losses You incur if you damage, lost or expose yours NFC Vault cards. You must not use, or try to use, the Card or NFC Vault App. for any illegal activity. You must always have at least two cards with the Seed Phrases, and kept in two different locations, but of your trust. You are responsible for any losses if You do. We are not liable for any losses that may result when Our services are unavailable due to reasons beyond Our control.
2.2 You understand and acknowledge that Your use of the Card and NFC Vault App. are at Your sole discretion and risk. It is Your responsibility to adopt good security practices in order to protect Your Seed Phrases. If You lose one of Your Cards, you can restore Your seed phrases with your other cards. You can buy another card in our website. You are responsible for safekeeping Your password to access Your NFC Vault App. NFC VAULT Lda cannot retrieve Your seed phrases if You lose or damage all the cards. We strongly advise You to store the NFC vault cards in safe place and in different locations, and never reveal your NFC Vault password to anyone. NFC Vault Lda will never ask you for your password.
2.3 If one of Your Cards is lost or damage, You should contact NFC Vault Customer Service immediately to replace them, and re-write your seed phrases.
2.4 NFC Vault Lda is not responsible for any loss of Seed Phrases resulting from theft, loss, or mishandling of encrypted private keys or recovery phrase outside Our control.
2.5 If NFC Vault ever goes out of business for reasons beyond our control, we legally guarantee that we will make an announcement at least 1 month in advance to give people time to save the seed phrases elsewhere.
3. Limited Warranty.
3.1 We warrant that Your Cards will be free from defects in material and workmanship and will operate under normal use conditions during the warranty period of two (2) years (“Warranty Period”) starting from the day the Card is received by You. This limited warranty covers failures or malfunctions that occur to the Card during the Warranty Period under normal use conditions.
3.2 This limited warranty shall not apply to: (i) normal wear and tear; (ii) damage or loss resulting from accident, abuse, misuse, neglect, or improper usage or handling; (iii) damage resulting from undue physical or electrical stress, including but not limited to high voltage surges or extreme temperatures; (iv) damage or loss of the product caused by acts of nature including but not limited to floods, storms, fires and earthquakes; or (v) damage caused by alteration of the Card by You or anyone other than Us (“Warranty Exceptions”).
3.3 Our limited warranty is strictly limited to replacement of the Card itself. If Your Card was damaged or defective at the time it was delivery to You or if the Card fails to work at any time under normal use conditions during the Warranty Period, provided such failure was not caused by a Warranty Exceptions, then You may return the defective Card to NFC Vault and get a replacement Card free of charge. NFC Vault will not give you a free replacement Card after the Warranty Period expires. Your warranty rights under this Section 4 are personal in nature, and are not transferable by You to anyone else. Further, any Card that has not been purchased by You directly from Us is expressly excluded from the scope of the above limited warranty.
3.4 EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE CARD AND YOUR NFC VAULT APP. ARE PROVIDED “AS IS”, “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL NFC VAULT AND ITS AFFILIATES, AND THEIR CURRENT OR FORMER EMPLOYEES, OFFICERS, DIRECTORS, PARTNERS, REPRESENTATIVES, AGENTS, ADVISORS, OR CONTRACTORS OR ANY OF ITS OR THEIR RESPECTIVE THIRD-PARTY SERVICES PROVIDERS (“NFC VAULT REPRESENTATIVES”), BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH YOUR USE OF THE CARD OR YOUR NFC VAULT APP. OR ANY OTHER DEALINGS IN OR THROUGH YOUR NFC VAULT APP..
4.1 IN NO EVENT WILL NFC VAULT AND ITS AFFILIATES, AND THEIR CURRENT OR FORMER EMPLOYEES, OFFICERS, DIRECTORS, PARTNERS, REPRESENTATIVES, AGENTS, ADVISORS, OR CONTRACTORS, OR ANY OF ITS OR THEIR RESPECTIVE THIRD-PARTY SERVICES PROVIDERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY USE, INTERRUPTION, DELAY OR INABILITY TO USE YOUR CARD OR NFC VAULT APP., LOST REVENUES OR PROFITS, DELAYS, INTERRUPTION OR LOSS OF SERVICES, BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF DATA, LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION OR SHUTDOWN, FAILURE TO ACCURATELY TRANSFER, READ OR TRANSMIT INFORMATION, FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION, SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT INFORMATION OR BREACHES IN SYSTEM SECURITY, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT NFC VAULT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THIS AGREEMENT SHALL OPERATE TO LIMIT OR EXCLUDE ANY LIABILITY FOR FRAUD, GROSS NEGLIGENCE OR FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.
4.2 NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NFC VAULT OR ANY OF ITS REPRESENTATIVES BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGE OR CLAIMS: (I) DUE TO AN UNUSUAL OR UNFORESEEABLE CONSEQUENCE, OUTSIDE OF OUR REASONABLE CONTROL (INCLUDING WITHOUT LIMITATION FORCE MAJEURE EVENTS); (II) ARISING FROM OR IN CONNECTION WITH: (A) ANY INTERRUPTION, DELAY, SUSPENSION, DISCONTINUANCE OR FAILURE OF YOUR NFC VAULT APP.; (B) YOUR USE OF YOUR CARD, YOUR MOBILE DEVICE AND/OR YOUR NFC VAULT APP. BY THIRD PARTIES, WHETHER OR NOT AUTHORIZED BY YOU; (C) ANY THEFT OR LOSS OF YOUR CARD OR YOUR MOBILE DEVICE; (D) ANY UNAUTHORIZED OR ILLEGAL USE OF YOUR CARD OR NFC VAULT APP. CONTRARY TO THIS AGREEMENT; (III) DUE TO COMPLIANCE WITH APPLICABLE LAWS AND/OR ORDERS FROM COURTS OF COMPETENT JURISDICTIONS; (IV) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT FOR LOST PROFITS, LOST REVENUES, LOST BUSINESS OPPORTUNITIES, LOST DATA, OTHER TANGIBLE OR INTANGIBLE LOSSES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES TO THIS AGREEMENT, REGARDLESS OF WHETHER SUCH DAMAGES WERE DIRECT OR INDIRECT, FORESEEABLE OR UNFORESEEABLE, OR WHETHER WE OR OUR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (V) RESULTING FROM HACKING, TAMPERING, VIRUS TRANSMISSION OR OTHER UNAUTHORIZED ACCESS OR USE OF THE CARD, YOUR NFC VAULT APP., OR ANY INFORMATION CONTAINED THEREIN.
4.3 NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, OUR AND OUR REPRESENTATIVES’ TOTAL AGGREGATE, CUMULATIVE LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED THE REPLACEMENT COST OF A CARD.
5. Representation & Warranties by You. By purchasing the Card and accessing and/or using Your Card together with the NFC Vault App to access Your NFC Vault App., You represent and warrant (and shall be deemed to represent and warrant) to NFC Vault on the date of such purchase and date of any such access or use, the following:
5.1 You are over eighteen (18) years of age or are of legal age to enter into a binding contract in Your jurisdiction and You have the right, power and authority to enter into this Agreement;
5.2 You are not impersonating any other person, operating under an alias or otherwise concealing Your identity;
5.3 You are the sole ultimate beneficial owner of Your Card and NFC Vault App.;
5.4 You are the owner of Your mobile device being used with Your Card and NFC Vault App.;
5.5 You will not use the Card and/or NFC Vault App. if any applicable laws in Your jurisdiction (state or country) prohibit You from doing so in accordance with this Agreement;
5.6 You acknowledge and agree that You have observed and complied with all applicable laws, regulations or rules in Your jurisdiction in connection Your NFC Vault App. at Your own expense and without liability to NFC Vault;
5.7 You acknowledge and agree that You are fully aware and understand that there are substantial risks associated with the purchase, sale and holding of Seed Phrases;
5.8 You acknowledge and agree that NFC Vault is not liable for any indirect, special, incidental, consequential or other losses of any kind in tort, contract or otherwise (including but not limited to loss of Seed Phrases, income or profits; or loss of use or data; or loss of reputation; or loss of any economic or other opportunity of whatever nature or however arising) arising out of or in connection with Your use of Your Card or NFC Vault App.; and
5.9 You acknowledge and agree that all of the above representations and warranties are true, complete, and accurate.
6. Conduct. In connection with Your use of the Card and NFC Vault App., You agree not to (and shall not, knowingly or otherwise, authorize, allow or assist any other person to):
6.1 Use the Card or NFC Vault App. to perform illegal, unlawful or immoral activities under any federal or state law (including but not limited to money laundering, illegal Internet gambling, terrorism financing and/or fraudulent activities);
6.2 Use the Card or NFC Vault App. in any manner that could reasonably be expected to infringe Our, Our affiliates’ or any other third party’s intellectual property rights, including without limitation any copyright, patent or trademark. You agree not to take or attempt to take any action or claim ownership of any property that infringes or would infringe upon these intellectual property rights;
6.3 Use the Card or NFC Vault App. in any way that could damage, disable, impair or compromise Our security systems and/or the security of any other computer systems or devices used in connection therewith, and/or interfere with other NFC Vault users.
6.4 Attempt to gain or gain unauthorized access to the accounts of other NFC Vault App. users;
6.5 Take any action that detrimentally interferes with, intercept or expropriate any system, data or information belonging to other NFC Vault App. users;
6.6 Engage in any other activities deemed inappropriate by Us and/or which is in contravention of these Terms or any applicable laws;
6.7 Provide false, inaccurate, incomplete and/or misleading information to NFC Vault or any of its affiliates or third-party services providers; or
6.8 Deposit in Your NFC Vault App. any Digital Asset or fiat currency forming all or part of the proceeds of any criminal or unlawful activity.
7. Risk Of Loss / Returns
All purchases of Cards are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to You upon Our delivery to the carrier. If You are not satisfied with Your Card purchase, we allow returns on Cards which must be sent to Us no later than 15 days from the original delivery date. Any Card You return must be in the same condition You received it. We do not take title to returned Cards until the Card arrives at Our fulfillment center. To initiate a return, please contact Customer Service for return instructions first, before You ship the return. Refunds will be issued to the original method of payment. For a returned Card, we will offer either a full refund or a replacement. At Our discretion, a refund may be issued without requiring a return of the Card. In this situation, NFC Vault does not take title to the refunded item. We reserve the right to decline a refund if any of these conditions are not met.
You agree to indemnify, defend and hold harmless NFC Vault and Our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, services providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of Your breach of these Terms, the Agreement or the documents they incorporate by reference (as set forth in Section 1.3 above), or Your violation of any law or the rights of a third-party.
9. Intellectual Property.
In connection with the Card and NFC Vault App. and Your use thereof, NFC Vault retains all right, title, and interest in and to the Our brands, logos, and trademarks, including, but not limited to: NFC VAULT, Our logo , and variations of the wording of the aforementioned brands, logos, and trademarks (“Brands”). You have no right to use such Brands for any purpose or remove any such Brands from the Card or NFC Vault App. without Our prior consent.
10. Choice of Law.
Your use of the Card or NFC Vault App. and this Agreement, together with its application and interpretation, shall be governed exclusively by the Portuguese and European Union laws, without regard to its conflict of law rules. You consent to the exclusive jurisdiction of the courts located in Portugal for any dispute arising under Your use of the Card or NFC Vault App. or this Agreement. THE PARTIES AGREE THAT ANY CLAIMS AGAINST THE OTHER UNDER THIS AGREEMENT MAY ONLY BE BROUGHT ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. TO THE MAXIMUM EXTENT OF THE LAW, NO COURT OF COMPETENT JURISDICTION MAY CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ANY RELIEF AWARDED TO ANY USER OF THE CARD OR NFC VAULT APP. CANNOT AND MAY NOT AFFECT ANY OTHER USERS.
In the event any court shall declare any section or sections of these Terms invalid or void, such declaration shall not invalidate the entire Terms and all other sections of these Terms shall remain in full force and effect.
12. Binding Agreement.
These Terms are binding upon You, Your heirs, successors, assigns, and other representatives. We reserve the right to modify these Terms from time to time, with or without notice to You.
All notices, requests, demands and other communications under these Terms shall be in writing and shall be deemed to have been delivered and received, if confirmation of receipt is available, (a) one (1) business day after having been sent by overnight courier and (b) on the same day when personally delivered or sent by email or facsimile by the sending party on a business day, or otherwise on the next succeeding business day thereafter. If We need to communicate with You, then We will send notices to either Your home address or email address that We have on file. If You need to communicate with Us, You must send notices at Our address set forth below:
Office of the General Counsel
NFC Vault Lda
If You have any feedback, questions or complaints, please contact Us via email at [email protected] . We will attempt to respond to You as soon as possible. For more complicated issues, it may take US up to fifteen (15) days to resolve and get back to You. You accept and agree that We shall not be responsible for any loss and damage incurred during such period.
16. No Transfer of Terms.
These Terms, and any rights and obligations and licenses granted hereunder, are limited, revocable, non-exclusive and personal to You and therefore may not be transferred, assigned or delegated by You to any third party without Our written consent, but may be transferred, assigned or delegated by Us without notice and restriction. Any attempted transfer or assignment by You in violation hereof shall be null and void.
17. Entire Agreement.
You acknowledge and agree that this Agreement and the documents it incorporates by reference (as set forth in Section 1.3 above) represents the final and complete contract between Us and You, and it shall be binding upon, and inure to the benefit of, Us and You and each of our respective beneficiaries, successors and assigns, and supersedes all prior documents, representations, and understandings between us that may relate to the subject matter of the Agreement. No other understanding, oral or otherwise, regarding the subject matter of the Agreement shall be deemed to exist or bind either of us. You acknowledge and agree that You had the opportunity to have the Agreement, and the documents they incorporate by reference (as set forth in Section 1.3 above) reviewed by an attorney of Your choosing.