END USER LICENSE AGREEMENT
Last updated 12/28/2021
Coincast is licensed to You (End-User) by Minty Networks, LLC, located at 4080 McGinnis Ferry Road, Suite 903, Alpharetta, Georgia 30005, United States (hereinafter: Licensor), for use only under the terms of this License Agreement.
By downloading the Application from the Apple AppStore or Google Play Store, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.
The parties of this License Agreement acknowledge that Apple and Google are not a Party to this License Agreement and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. Coincast, not Apple nor Google, is solely responsible for the licensed Application and the content thereof.
This License Agreement may not provide for usage rules for the Application that are in conflict with the latest App Store Terms of Service and Play Store Terms of Service. Coincast acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them.
All rights not expressly granted to You are reserved.
1. THE APPLICATION
Coincast (hereinafter: Application) is a piece of software created to facilitate the transfer of Cryptocurrency or blockchain-related assets (Hereinafter, colloquially, “Cryptocurrency”, “Crypto” or “Assets”) from one wallet address to another utilizing a proprietary process to create new Private Keys.
The Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if Your interactions would be subjected to such laws, You may not use this Application. You may not use the Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. SCOPE OF LICENSE
2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any compatible Products that You (End-User) own or control and as permitted by the Usage Rules set forth in this section and the App Store Terms of Service and Google Play Store Terms of Service, with the exception that such licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.
2.2 This license will also govern any updates of the Application provided by Licensor that replace, repair, and/or supplement the first Application, unless a separate license is provided for such update in which case the terms of that new license will govern.
2.3 You may not share or make the Application available to third parties (unless to the degree allowed by the Apple Terms and Conditions and Google Terms and Conditions, and with Coincast's prior written consent), sell, rent, lend, lease or otherwise redistribute the Application.
2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with Coincast's prior written consent).
2.5 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the App Store Terms of Service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.
2.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.7 Licensor reserves the right to modify the terms and conditions of licensing.
2.8 Nothing in this license should be interpreted to restrict third-party terms. When using the Application, You must ensure that You comply with applicable third-party terms and conditions.
3. TECHNICAL REQUIREMENTS
3.1 Licensor attempts to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.
3.2 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Application satisfies the technical specifications mentioned above.
3.3 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
4. MAINTENANCE AND SUPPORT
4.1 The Licensor is solely responsible for providing any maintenance and support services for this licensed Application. You can reach the Licensor at the email address or URL listed in the App Store Overview for this licensed Application.
4.2 Coincast and the End-User acknowledge that Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application.
5. USE OF DATA
You acknowledge that Licensor will be able to access and adjust Your downloaded licensed Application content and Your personal information, and that Licensor's use of such material and information is subject to Your legal agreements with Licensor and Licensor's privacy policy.
6. COPPA
In compliance with the U.S. Children’s Online Privacy Protection Act of 1998, Coincast does not knowingly request or solicit personal-identifying information from persons under the age of 13 without parental consent. If Coincast learns that it has collected personal information of this nature without respective parental consent, Coincast will immediately take steps towards removing said information, where possible, until it is fully removed, where possible. (Note: some data on blockchains may be permanent and un-editable by any entity, including Coincast)
7. W3AAS
Coincast offers W3aaS (Web3 as a Service), providing the service of interacting with web3 systems (e.g. Ethereum Smart Contracts) on a purchaser’s behalf. This service is paid for using third-party payment processors. Timely delivery of W3aaS is not guaranteed, and may take multiple business weeks in some cases. Coincast reserves the right to, at any time, and for any reason, not perform a W3aaS service order, and instead refund the purchaser. In the event of a refund, any third-party payment provider fees that were incurred will be considered a total loss. By using Coincast’s W3aaS services, You agree Coincast is not liable to compensate said lost fees, and shall be held harmless for any losses incurred. When paying for W3aaS, You will be billed for the Network Fees associated with the Web3 action at the time of checkout, due to the volatile nature of Network Fees, delivery of said Web3 action may be delayed or cancelled if network fees rise too high and make inclusion of the transaction on-chain unlikely. In the event that network fees drop at the time of W3aaS broadcasting, You agree to consider the difference as a total loss, and allow Coincast to keep the difference, as a de-facto processing fee. Coincast will not credit network fee differences to purchaser’s but will retain the difference. By using Coincast W3aaS services, You agree to allow Coincast to keep any excess or unused network fees.
Interacting with Web3 systems is inherently risky, and can lead to failed transactions or financial losses. Coincast will merely broadcast the data You tell Coincast to broadcast. Some transactions may “fail on chain”, where the desired action may not be performed on chain at all, while the fees are still totally lost to Network Fees and Coincast W3aaS Fees. Some transactions may also result in financial loss. You agree to hold Coincast harmless for any losses incurred from the broadcasting of transactions and/or from failed transactions. You agree to not redact payment from Coincast, regardless of how the on-chain operation performs, so long as Coincast did indeed broadcast said transaction and it was later included in the respective blockchain.
Any transactions You broadcast through W3aaS are Your own transactions and You are fully responsible for the integrity and validity of their data as well as the outcomes resulting from their broadcasting. You are responsible for ensuring the proper amount of Network Fee was used for Your transaction. Coincast is merely a middleman facilitator broadcasting on Your behalf. You agree to fully indemnify, hold harmless and defend Coincast and its directors, officers, employees, agents, stockholders and Affiliates from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs and expenses (including but not limited to
reasonable attorney’s fees and costs), whether or not involving a third-party claim, which arise out of or relate to the transactions which Coincast broadcasts on Your behalf.
8. LIABILITY
8.1 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Agreement. To avoid data loss, You are required to make use of backup functions of the Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Application, You will not have access to licensed Application.
8.2 Access to Your cryptocurrency is strictly tied to the phone number provided upon signing up for use of the Application’s services. In the event that You change Your number You will lose access to Your cryptocurrency. It is recommended that You move Your cryptocurrency to another wallet in the event You intend to change Your phone number. If You change Your phone number, You agree to hold Coincast harmless for any losses.
8.3 Cryptocurrency is volatile in terms of rapid price changes, both in the positive and negative directions. Coincast is not a platform for cryptocurrency exchange. Should a delay occur in sending Your cryptocurrency to an exchange or other wallet address You agree to hold Coincast harmless for any losses.
8.4 Withdrawing Cryptocurrency from Coincast requires Your PIN. Misplacing or forgetting Your PIN could cause You to lose access to Your Cryptocurrency forever. By using Coincast, You agree to hold Coincast harmless for any loss of Cryptocurrency if You forget or misplace Your PIN.
8.5 Coincast uses third party exchange rate APIs. Any exchange rates displayed within the Platform are merely reflective of a third party’s API and should not be taken to be the true exchange-rate value of any assets. You agree to hold Coincast harmless for any losses that incur from the result of performing actions based on said (potentially erroneous) exchange rates.
9. WARRANTY
9.1 Licensor warrants that the Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Application works as described in the user documentation.
9.2 No warranty is provided for the Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Coincast's sphere of influence that affect the executability of the Application.
9.3 You are required to inspect the Application immediately after installing it and notify Coincast about issues discovered without delay by e-mailing . The defect report will be taken into consideration and further investigated if it has been mailed within a period of ninety (90) days after discovery.
9.4 If we confirm that the Application is defective, Coincast reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
9.5 In the event of any failure of the Application to conform to any applicable warranty, You may notify the App-Store-Operator, and Your Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the App-Store-Operator will have no other warranty obligation whatsoever with respect to the App, and any other losses, claims, damages, liabilities, expenses and costs attributable to any negligence to adhere to any warranty.
9.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.
10. PRODUCT CLAIMS
Coincast and the End-User acknowledge that Coincast, and not Apple nor Google, is responsible for addressing any claims of the End-User or any third party relating to the licensed Application or the End-User’s possession and/or use of that licensed Application, including, but not limited to:
(i) product liability claims;
(ii) any claim that the licensed Application fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit.
11. LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and that You are not listed on any U.S. Government list of prohibited or restricted parties.
12. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the licensed Application, please contact:
Minty Networks, LLC
4080 McGinnis Ferry Road, Suite 903
Alpharetta, Georgia 30005
United States
13. TERMINATION
The license is valid until terminated by Coincast or by You. Your rights under this license will terminate automatically and without notice from Coincast if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Application, and destroy all copies, full or partial, of the Application.
14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
Coincast represents and warrants that Coincast will comply with applicable third-party terms of agreement when using licensed Application.
In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement," Apple and Apple's subsidiaries shall be third-party beneficiaries of this End User License Agreement and - upon Your acceptance of the terms and conditions of this license agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.
15. INTELLECTUAL PROPERTY RIGHTS
Coincast and the End-User acknowledge that, in the event of any third-party claim that the licensed Application or the End-User's possession and use of that licensed Application infringes on the third party's intellectual property rights, Coincast, and not Apple nor Google, will be solely responsible for the investigation, defense, settlement and discharge or any such intellectual property infringement claims.
16. APPLICABLE LAW
This license agreement is governed by the laws of the State of Georgia excluding its conflicts of law rules.
17. MISCELLANEOUS
17.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
17.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.