Terms of Service

You are about to use the CySync platform. We're excited for you! Before you get on, Cypherock needs you to carefully read, understand and accept our Terms of Use (the or these "Terms").

This agreement is between you ("you", "your", or "User") and HODL Tech Private Limited ("Cypherock", "us", "we,'' "our", or the "Company"). By using or clicking "I agree" to Inheritance services provided by Cypherock in connection with the https://www.cypherock.com/ (the “Site”), our desktop application(the “App”), and the services, features, products, content, or applications offered by Cypherock (together with the Inheritance Product, Site, and the App, the “Services”). You agree that you have carefully read and accepted the terms and conditions below.

Your use of Cypherock Inheritance Services is also subject to Cypherock's Privacy Policy, which is available at https://cypherock.com/cover-privacy, and Cypherock Cover’s introduction blog, which is available at https://www.cypherock.com/blogs/cypherock-cover

BEFORE USING THE SERVICES, PLEASE EDUCATE YOURSELF TO MAKE INFORMED DECISIONS. CRYPTO ASSETS ARE VOLATILE. THE PRICES CAN GO UP AND DOWN. CAREFULLY EVALUATE YOUR GOALS AND THE FINANCIAL RISK YOU ARE WILLING TO TAKE. PLEASE BE AWARE THAT CYPHEROCK DOES NOT PROVIDE FINANCIAL, TAX, OR LEGAL ADVICE. DECISIONS TO PERFORM OPERATIONS INVOLVING CRYPTO ASSETS SHOULD BE TAKEN ON YOUR OWN OR RELY ON THE OPINIONS OF RELIABLE AND QUALIFIED EXPERTS.

The following terms, when used in this Agreement, shall have the meanings described below, it being specified for the avoidance of doubt that in these definitions, reference to the singular includes a reference to the plural and vice versa, except when clearly inappropriate.

User - Any individual or entity that uses the Cypherock Cover service.

Service - The Cypherock Cover (Inheritance) service provided by Cypherock.

Vault or Device - This means an electronic device coupled with Javacard-based Smartcards, developed and distributed by Cypherock, generally referred to as a "hardware wallet", used to manage and secure Users' Private Keys and other cryptographic secrets, compatible with Cypherock CySync or compatible Wallets.

App or Application - Cypherock CySync is a catalog of Device Applications available for download, which enables Users to update their Cypherock Device firmware, install Device Applications, and manage supported Crypto Assets.

Cover - The Service that enables the inheritance process.

Beneficiary or Nominee - The individual(s) designated by the wallet owner to inherit the digital assets.

Executor - The individual designated by the wallet owner to act as a helper to the beneficiary.

Inheritance Process - The sequence of actions initiated upon the User's death to transfer digital assets to the Beneficiary.

Crypto Assets - means types of digital assets that can be transmitted with blockchain technologies, including but not limited to Bitcoin, Ethereum.

PIN - means the numeric password chosen by the User to unlock a Cypherock Device.

Estate - refers to Cypherock vault owner of the crypto assets in the wallet that is considered for inheritance or distribution after their passing.

Wallet - means a software program that interacts with various blockchain networks to generate and manage sets of private keys and public keys, configure transactions, and monitor their balance.

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, as the Vault Owner or Nominee, are solely responsible for (i) ensuring that your use of the Inheritance Product is in compliance with all laws, rules, and regulations applicable to you, and (ii) access to keys provided by the Services. You are also responsible for ensuring that your use of the Inheritance Product is permitted under any agreements, documents, or laws related to wills, trusts, estate, end-of-life planning, inheritance, intestate, probate, or property that may be applicable to the use of the Inheritance Product by you and the Vault Owner or Nominee, as applicable. If we determine your use of the Inheritance Product or your sending or receiving of any info under the Inheritance Product is in violation of these Inheritance Terms or the law or if we determine that we are restricted from, or otherwise reasonably should not, provide the Inheritance Product to you, including the use of the keys authorized by the Wallet Owner or provided to you as a Nominee, we will not provide the Inheritance Product to you or permit your use of the keys until such time as we or our counsel determine doing so will not violate any such laws or restrictions. Further, the Services are offered only for your own use, and not for the use or benefit of any third party.

You shall defend, indemnify, and hold harmless Cypherock, 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, or otherwise from providing you the Inheritance Product, violation of these Inheritance Terms, and any liabilities or claims by any persons associated with the Wallet Owner resulting from use of the Inheritance Product. 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.

The Cypherock Cover service enables you to securely manage the inheritance of your digital assets. Users can designate Beneficiaries, set up inheritance conditions, and manage their digital assets through the Service. Users must use the Service in compliance with all applicable laws and regulations and refrain from any activities that could harm the integrity or functionality of the Service. To fulfill the requirements there are two different plans for the user: The Silver plan will cover PIN recovery.

The Gold plan will cover both PIN recovery and Estate recovery.

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.

Paid Plans
Please see here for a description of the current Paid Plans. Please note that any payment terms presented to you in the process of using or signing up for a Paid Plan or purchasing a paid Product are deemed part of this Terms of Service.

Failure to Pay Fees
If a Wallet Owner fails to pay the plan renewal fees by the due date, the plan will automatically expire. Upon expiration, the Wallet Owner will lose access to the features and benefits associated with the plan. The Wallet Owner may be able to reinstate the plan by paying the renewal fees, subject to Cypherock’s sole discretion. Cypherock reserves the right to permanently suspend or terminate the Wallet Owner's plan if fees remain unpaid for an extended period.

If you violate any of these Terms of Service, you agree that we may suspend or terminate your access to the Plan or your use of all or any part of the Services at any time, with or without notice. If you wish to terminate your Plan, you may do so by following the instructions on the Site, the Apps, or through our instructions given to you through the provision of the Services. 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. You agree that we shall not be liable to you for any permanent or temporary modification, suspension, or termination of your Plan or access to all or any portion of the Services.

Cypherock has no special relationship with or fiduciary duty to you, your nominee(s), or your executor. You acknowledge that
Cypherock has no duty to take any action regarding:

1. which users gain access to the Services;
2. what vault or cards you access or provide access to via the Services; or
3. legal or tax liabilities related to the use of the Services.

You release us from all liability for you utilizing the Services and providing access to the vault and card(s) to the Nominee(s). We make no representations or warranties of any kind concerning any Services, and we will not be responsible if the Nominee is provided with the vault or card(s) access incorrectly, or for what the Nominee(s) chooses to do with the vault and card(s).

YOU HEREBY ACCEPT ALL RISKS ASSOCIATED WITH IMPROPER ACCESS OR LOSS OF ANY ASSETS IN YOUR VAULT AND CARD(S) DUE TO THE NOMINEE RECEIVING ACCESS USING THE INHERITANCE PRODUCT. WE WILL FOLLOW THE INSTRUCTIONS OF THE WALLET OWNER AND NOMINEE WHILE SUCH PARTIES USE THE APP AND WILL HAVE NO OBLIGATIONS TO CONFIRM THE IDENTITY OF SUCH PARTIES. YOU ARE RESPONSIBLE FOR COMPLIANCE WITH THE LAW RESPECTING ASSET OWNERSHIP.

All directions performed or not performed on the Apps are your responsibility. Cypherock has no control over it and hereby disclaims any and all liability arising out of or associated with the legality of such actions or non-actions, the fitness of such actions or non-actions, or whether there is a better or worse way to organize your use of the Apps.

THE PLATFORM IS ONLY A TOOL. ITS PROPER USE OR NON-USE IS NOT IN THE CONTROL OF CYPHEROCK. IF YOU ARE A NOMINEE AND YOU HAVE AN ISSUE WITH HOW THE APPS WERE USED ON YOUR BEHALF, YOU MUST RESOLVE SUCH ISSUE WITH THE REGISTERED USER IN CONTROL OF THE INFORMATION UPLOADED TO THE APPS PERTAINING TO YOU.

YOU ACKNOWLEDGE THAT THE PLATFORM MAY CONTAIN BUGS, ERRORS, AND OTHER PROBLEMS THAT COULD CAUSE SYSTEM FAILURES. THE PLATFORM AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE PLATFORM OR CONTENT WILL OPERATE ERROR-FREE OR THAT THE PLATFORM, ITS SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

If you wish to become a Registered User, you will be required to add your info which includes but is not limited to a name (“Name”), a primary email (“Primary Email”), an alternate email (“Secondary Email”), and certain additional information that will assist in authenticating your ownership of the wallet’s plan and rights when you log-in in the future (“Unique Identifiers”). You are solely responsible for the confidentiality and use of your Sign-In email(s), and Unique Identifiers, as well as for any use, misuse, or communications entered or payments made through the Site using one or more of them. Cypherock will not be liable for any loss or damage caused by any unauthorized use of your plan account or loss of any critical information held by your account.

You are solely responsible for maintaining the confidentiality of your (“Unique Identifiers”) information for any and all activity related to your plan account. You agree not to use anyone else’s name, email(s), or Unique Identifiers to access the Platform at any time without the express permission and consent of such party. You acknowledge that Cypherock is not liable for any loss or damage arising from your failure to comply with these obligations.

Please do not send or otherwise transmit confidential information to us over the Internet, or request that we transmit confidential information to you, except where permitted. Cypherock will not be responsible or in any way liable for any losses or damages you may incur as the result of such communication that may occur over the Internet.

These Terms shall be governed by and construed in accordance with the laws of Singapore, without regard to its conflict of law principles. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts in Singapore.

Amendments - Cypherock reserves the right to amend these Terms at any time. Users will be notified of any material changes, and continued use of the Service constitutes acceptance of the amended Terms.

Entire Agreement - These Terms constitute the entire agreement between the User and Cypherock regarding the use of the Service.

Severability - If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect.

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.

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.

For any questions or concerns about these Terms or the Service, please contact Cypherock at [email protected].