Last updated: September 25, 2019
Decentral Inc. (“Decentral”) is the maker of a software program that can be used to manage, control, and interact with many different public blockchains (known as “Jaxx Liberty” or “Jaxx” but referred to as “Jaxx” in this agreement). This agreement is a contract between Decentral and “You” (or “Your”), a user of Jaxx. By entering into this agreement You shall have permission to use Jaxx for Your own personal use, subject to certain rights, responsibilities, and obligations.
You Control Your Wallet
Jaxx is a multi-blockchain software application that allows You to create and manage many different “wallets”, all of which are derived from a “Backup Phrase” (i.e. 12 word seed) supplied by You or generated through Jaxx. You must safeguard Your Backup Phrase (including making offline backup copies) as it is used to derive the many private keys that control the “digital assets” (e.g. Bitcoin, Ether, Litecoin, etc.) that You may use with Jaxx.
Jaxx does not have accounts (or passwords) because it has different operating principles from most software programs, primarily driven by the security features offered by Jaxx. There are important consequences to not having accounts such as not being able to use a “forgot password” feature. You should take care to become familiar with how Jaxx (and other blockchain wallet software) works before doing non-trivial transactions with it. Decentral provides many educational resources that can be found at https://jaxx.io.
When You make use of Jaxx You are taking control of Your digital assets. Decentral has no technical ability to interact with Your digital wallets and does not ever take possession, control, or own what belongs to You (i.e. Your digital assets such as bitcoins or ERC-20 tokens).
Jaxx is designed to empower its users and that means that You must take responsibility for certain actions, including:
- securing Your Backup Phrase (because Decentral cannot “recover” it and never has access to it); and,
- taking care not to overwrite or delete Jaxx without backing up Your Backup Phrase; and,
- ensuring that Your devices that You use Jaxx on are free of viruses, malware, etc.; and,
- obeying Your local laws; and,
- obeying the laws of Canada, where Decentral is based; and,
- using Jaxx in a lawful manner; and,
- ensuring that all of Your transactions are done with correct blockchain addresses; and,
- keeping Your Backup Phrase confidential and not sharing it with anyone else, including Jaxx customer support (who will never ask You for Your Backup Phrase).
Your Privacy Is Important
Jaxx is designed to protect Your privacy when interacting with blockchains. Your Backup Phrase and private keys are never communicated to Decentral but certain data from Jaxx is transmitted to Decentral, including telemetry data and logs that may contain error codes or error descriptions, used to improve the application experience and solve technical problems. Decentral will never share or sell Your personal information to advertisers, and takes care to minimize logging and access to telemetry data within Decentral.
To make the most out of Jaxx, permission to access the camera on Your mobile device may be requested. Camera device permissions are only used for recognizing “QR codes” that are commonly used to embed blockchain information into a machine readable format. Images from Your camera will never be transmitted to Decentral but the data contained within the QR Codes may be used as part of transactions that You undertake, which may be passed to Decentral as part of broadcasting Your blockchain transactions.
Blockchains Have Risks
There are many risks associated with digital assets. Decentral has no control over the blockchains that You can interact with through Jaxx and cannot (and has no ability to) cancel, modify or affect any transaction that You have caused to be broadcasted to any given blockchain network. You should take care to understand the details of the blockchains You choose to interact with as Decentral has no control or liability to You in relation to these risks.
License to You
Jaxx is licensed to You on a personal, non-exclusive, non-transferrable, non-assignable, royalty-free, worldwide basis. Notwithstanding the foregoing, Jaxx includes many open-source software libraries that are separately licensed and the license in this agreement does not cover the third-party open-source software that is bundled with Jaxx.
Jaxx is provided at no cost to You, "as is". Decentral makes no guarantees that its software will always will be safe, secure, or error-free, or that it will function without disruptions, delays, or imperfections. To the extent permitted by law, Decentral DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Termination or Suspension of Service for Unlawful Conduct
Although Jaxx is installable software, it also contains elements that rely on backend infrastructure run by Decentral (and possibly other parties) that may be turned off temporarily or permanently without notice due to suspected unlawful conduct or if it is deemed necessary to do so at the discretion of Decentral.
Some or all of the Jaxx service may not be available in all locations worldwide due to geoblocking or other measures taken by Decentral to ensure compliance with laws or to improve the quality of service for its users.
Jaxx includes a feature named “myJAXX” that allows You to opt-in to certain optional features. If You choose to make use of myJAXX by registering then You may be disclosing personal information to Decentral that will be kept confidential, to the extent permitted by law. Further rules, obligations, and responsibilities may apply to Your myJAXX account and You may be contacted via email to inform You of changes to Jaxx/myJAXX or opportunities to make use of myJAXX features.
Jaxx includes functionality that You have the option of using that may involve third-party services that are owned and run by companies or organizations not related to Decentral. There may be additional terms or rules applicable to third-party services available through Jaxx, some of which may involve registration(s) on websites or through applications not controlled by Decentral, and Decentral shall not be liable for any conduct, actions, or negative consequences that arise as a result of Your use of third-party services in connection with Jaxx.
Notwithstanding the generality of the foregoing, if You make use of third-party services that enable digital asset transfers or financial transfers then You may be at risk of loss due to malfunctions or other issues with third-party services. You shall indemnify Decentral, and the officers, contractors, employees, and other personnel of Decentral, against any claims in relation to third-party services, whether brought by You or another party, where the claim concerns Your use or misuse of a third-party service.
Limitation of Liability
Jaxx is offered to You at no charge and therefore Decentral’s liability to You must be and is limited, in order to continue offering Jaxx in a competitive market. Therefore, and notwithstanding any term of this agreement, Decentral’s liability to You, under any theory of law or cause of action, shall be limited to the Canadian dollar value of 0.01 bitcoins or $50 Canadian Dollars, whichever is greater. Furthermore, in no event shall Decentral be liable for failed transactions, delayed relay of transactions, lost Backup Phrases, lost private keys, errors in the underlying software libraries that make up Jaxx, lost profits, changes in the values of fiat currencies, digital assets or cryptocurrencies, or any other losses related to Your use or misuse of Jaxx in combination with digital assets.
Accuracy of In-App Information
Jaxx integrates many third-party data sources that provide relevant data to users but this data is beyond Decentral’s control. Decentral shall not have any liability to You for incorrect data and You should verify any data You receive through Jaxx before acting on it.
Decentral offers free technical support to users of Jaxx but this support is offered to You without warranty of any kind and shall be at Your risk. Decentral may choose to discontinue offering free technical support at any time and may choose to discontinue providing You with technical support at any time. You shall at all times act respectfully to Decentral’s staff and must take care not to accidentally disclose Your Backup Phrase, private keys, or any other confidential information.
Decentral may amend this agreement by providing You with 15 days notice. If You do not consent to an amendment of this agreement then Your sole remedy shall be to discontinue using Jaxx. You may not amend this agreement.
Choice of Forum and Governing Law
Any disputes related to this agreement shall be heard in the courts of the City of Toronto, Ontario, Canada and the laws of Ontario, Canada shall apply.
This agreement is the entire agreement between the parties and supersedes any other representations or agreements between the parties. Furthermore, the parties have entered into this agreement without relying on any representations or warranties made outside of this agreement.