Last updated: October 19, 2021

Jaxx Liberty

Jaxx Liberty is a software program that enables interaction with public blockchains like Bitcoin or Ethereum and many other blockchains. Jaxx Liberty also has other features such as estimated digital asset values, news relevant to your digital assets, blockchain transaction exploration and analysis, easy backups of “private keys”, and much more. The goal of Jaxx Liberty is to empower users to make use of digital assets in the way that is best for them, and to do so in a way that respects “privacy by design” principles.

Legal Agreement

This agreement is a contract between you (“You” or “Your”), a user of the Jaxx Liberty software program and its related services (“Jaxx Liberty”), and the maker of the software, Decentral Inc., a Canadian federal corporation headquartered in Toronto, Canada (“Decentral”).

Jaxx Liberty is a popular wallet management program that has been used millions of times globally but because of the security features that are baked into it, and due to the nature of digital assets, You must carefully read this agreement and review the documentation before using Jaxx Liberty to ensure that it meets Your needs.

By entering into this agreement You agree to be bound by it and acknowledge that You have read it and that You understand it. If You do not agree to the terms of this agreement then You may not install, access, or use Jaxx Liberty.

You Are In Control Of Your Digital Assets

Jaxx Liberty is a software program that You may, in accordance with this agreement, install on Your device(s). It allows You to interact with Your digital assets, in a standard way, that exist on public blockchains and for which You alone hold the private keys.

If You choose to use Jaxx Liberty then You will have access to free software designed by a cofounder of Ethereum in Toronto, Canada, but you will also be responsible for what You do with it. You should know that Decentral has no access to Your private keys, Backup Phrase (as described below), or any other information necessary to take or recover Your digital assets. The foregoing is just one of many important details found in the rest of this agreement which describes other features, limitations, legal terms, and important aspects of the legal contract between You and Decentral.

Backup Phrases

The “Backup Phrase” for Jaxx Liberty is a set of twelve words used to derive the private and public keys for every blockchain asset accessible through the wallet software. Decentral will never ask for Your Backup Phrase and does not have access to it. You should carefully guard it as it permits anyone who has it to move any digital asset that is related to one or more of the private keys that it can be used to generate.

Your Backup Phrase need not be generated by Jaxx Liberty. You may use Jaxx Liberty in one of two ways: using a Backup Phrase generated by another wallet program or by using the Backup Phrase generated within Jaxx Liberty. In both cases, You are solely responsible for the Backup Phrase and are strongly encouraged to retain offline backup copies of it.

If Jaxx Liberty becomes unavailable to You in the future, Your Backup Phrase(s) can likely be used with other compatible programs to regain access independently of Jaxx Liberty because it uses an industry standard that is widely implemented. You should take care to test any backup system that You are relying on and ensure that any other program that You wish to use is compatible with Jaxx Liberty as Decentral is not responsible for any other software and disclaims any responsibility for lack of compatibility with software developed by others.

Backup Phrases are a secure and portable method of generating private keys that are widely used in blockchain wallets but they are not commonly found in software outside of the blockchain space. Jaxx Liberty has different operating principles to those You may be familiar with and You should take the time to learn and understand them before making use of Jaxx Liberty (or any other wallet program) to avoid making errors. For example, there is no “forgot password” feature because Decentral does not have the “password” for Your digital assets. Unlike a password with a centralized service though, a Backup Phrase can be used with several wallets at once, including wallets made by other software developers. You may stop using Jaxx Liberty at any time for managing Your digital assets or You could even switch back and forth between Jaxx Liberty and other wallets that You have used Your Backup Phrase with.

Decentral does not have access to Your Backup Phrase when You enter it into Jaxx Liberty - the software does not transmit this information to Decentral or any other party. Similarly, Decentral cannot initiate any transaction from Your private keys (derived from the Backup Phrase).

You must take care not to overwrite Your Backup Phrase if You have not backed it up, which could occur through operating system updates, program updates, or other characteristics of Your device.

Jaxx Liberty is compatible with a wide variety of devices that each have different risk profiles for overwriting/deleting Your Backup Phrase (or Jaxx Liberty itself) so You should take care to understand what Your specific risk is, given the way that You use Your device, including ensuring that Your device is free of viruses/malware and operates reliably.

If the above explanation is confusing to You then You should learn more about wallet software before using Jaxx Liberty or only use Jaxx Liberty with test amounts of digital assets. Transactions involving cryptocurrency are usually irreversible.

Your Use of Jaxx Liberty

Jaxx Liberty is designed for lawful use only. Your use of Jaxx Liberty is only permitted by Decentral provided that You follow the laws of Your local jurisdiction and Canada (where Decentral is based).

Privacy By Design

Jaxx Liberty is designed from the ground up to respect user privacy and provide a program that fits the needs of a wide variety of people. Decentral, the maker of Jaxx Liberty, was founded to provide products and services in line with the ethos of Bitcoin and Ethereum. But even designing a product with privacy as a core objective does not mean that there are no privacy implications of using Jaxx Liberty and You should carefully read the governing PRIVACY POLICY. Our privacy policy applies to Your use of Jaxx Liberty.

Your Backup Phrase (and private keys) are never communicated to Decentral but certain data is transmitted to Decentral, including telemetry data and/or logs that may contain error codes or error descriptions. Many requests from Jaxx Liberty to Decentral’s servers also carry a randomized, pseudonymous identifier that could allow Decentral to correlate blockchain transactions that You conduct across chains, for aggregate analytics, to limit backend access for quality of service reasons, or for other purposes.

Digital Asset Transactions

Many digital asset transactions are between two people (“P2P”). Decentral is not a party to Your transactions, and is not responsible for them so You must carefully enter the correct blockchain address for Your transactions (even if there is a checksum for the particular digital asset that you are interacting with), and verify that You are sending the correct quantity.

There are many risks associated with digital assets and the use of blockchain technology. Decentral has no control over the blockchains that You can interact with. Decentral cannot cancel, refund, 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 that You choose to interact with as Decentral has no control over them (or your interactions with them). To the fullest extent permitted by law, Decentral has no liability to You in relation to these risks. Decentral will never pay for your losses that may occur in relation to blockchain transactions that You conduct.

Digital Assets, Cryptocurrencies, and Tokens

Not every digital asset related to Your Backup Phrase can be accessed through Jaxx Liberty as only a subset of cryptocurrencies and tokens are available within the program. The selection of cryptocurrencies and tokens accessible through Jaxx Liberty is subject to change at any time and Decentral does not guarantee that any particular digital asset will continue to be available. Similarly, third party service information or other features of the Jaxx Liberty program may be changed at any time at the discretion of Decentral according to usage, product vision, or changes in the global blockchain industry.

Third Party Service Provider Risks & Disclaimer

Third party services that You interact with through Jaxx Liberty (whether an Affiliate Fee applies or not, see below) typically require an account to use and You may be required to become a party to an agreement with that third party for which You are solely responsible. Decentral is not a party to the purchase, sale or trade of any digital assets that are effected through third party service providers, or any transactions involving fiat currency, and does not act as a seller or supplier. Any agreement that you enter with any third party to purchase, sell or trade digital assets, or to send fiat currency, is between you and that third party, and you are solely responsible for ensuring that you agree to applicable terms, and that the provider complies with all applicable laws that may apply to you, including in your jurisdiction. Such agreements are not enforceable against Decentral, and do not bind us or limit our rights under this contract or applicable law.

You agree that Decentral is not responsible for the legal terms (e.g. “terms of use agreement”), privacy policies, or the practices and/or transactions of and involving the payment processor or the transaction services providers, or the compliance of these providers with legal requirements (in your jurisdiction or elsewhere). Decentral does not process any payments, participate in the sale, purchase or trade of any digital assets, and does not receive custody of any digital assets used by You for the purposes of making any payments or transacting in any crypto assets through these third party providers.

You acknowledge that links, brand names, and logos in Jaxx Liberty are not endorsements. Even where Jaxx Liberty may include language about “recommendations” these should be understood as being based on aggregate user behaviour and not a specific recommendation for You.

You agree that Decentral shall not be liable for any conduct, actions, or negative consequences whatsoever that may arise as a result of Your use of third party services in connection with Jaxx Liberty. These third party services are not governed by these Terms of Service, and You agree to review, understand and consent to these prior to the use of any third party provider that You may use. Decentral is not responsible in any way for the actions, privacy practices, legal terms, obligations, responsibilities, content, or functionality of the product, service, or website offered by these third parties. The websites and/or services offered by these third parties may collect and treat information collected by them differently than Decentral, so we encourage you to carefully read and review the privacy policy and/or terms of service for each third party provider that You may wish to use.

Third Party Service Provider Affiliate Fees

Jaxx Liberty can be used to send or receive digital assets to any blockchain address and You are always in charge of and responsible for Your transactions. You may choose to use any third party service provider using Jaxx Liberty (or any other wallet) or send transactions to any address.

Although no portion of any transaction (including the transaction costs/mining fees) done using Jaxx Liberty is transferred to Decentral, if You enable and use certain third party services through Jaxx Liberty there may be an affiliate fee paid based generally on the aggregate volume of users of Jaxx Liberty that interact with that third party service and/or usage (an “Affiliate Fee”). Similarly, if You choose to use certain third party services (identified as such in the user interface) and follow their terms of service, Jaxx Liberty may also receive an Affiliate Fee for non-digital asset transactions (e.g. purchases carried out using Your local currency.) In all cases, You expressly acknowledge and agree that Decentral is not responsible for these third party services, has no control over Your transactions, has no ability to effect refunds, or provide insight into the internal operations of third parties, and is not a party to any transaction that You may conduct with these third parties.

In-App Data

Jaxx Liberty integrates many third party data sources in an effort to provide relevant data to users but this data is typically 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. Specifically, You should be careful to not assume that a price of a digital asset in Jaxx Liberty, or of a fiat currency, is the only possible price or even a “correct” price as the actual pricing may differ in Your local market or may be out-of-date for Your use case.

myJAXX

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, 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 Liberty, myJAXX, or new opportunities from Decentral.

Complimentary Technical Support

Customer support is offered to You (or any other user) without charge of any kind but is provided solely at Decentral’s discretion, and may be discontinued or modified at any time.

If You choose to make use of Decentral’s free customer support services then You must treat Decentral’s customer support staff with respect. You must also take care not to provide Your private keys or Backup Phrase (which Decentral’s support staff will never ask for) in order to stay safe.

Digital assets can be complicated and it is difficult to provide complimentary support to a global user base in the digital asset space. Although Decentral’s customer support staff strive to do their best, You are the one who is responsible for any losses that may result from inappropriately following advice or even appropriately following advice that has negative consequences for You. If You are concerned about possible losses or errors You should retain Your own independent professional advisors or technical experts to assist You with Your unique circumstances.

You expressly acknowledge that Decentral is not responsible for any errors, misunderstandings, incorrect/incomplete explanations or instructions, and that Decentral’s customer support is not a substitute for paid technical experts. To the extent permitted by applicable law, this support is offered to You without warranty of any kind and shall be at Your risk.

Updates

Due to the wide variety of operating systems, configurations, and unique circumstances of users it is not possible to guarantee that an update to Jaxx Liberty will not cause unintended consequences for You and Decentral specifically disclaims any responsibility or liability for this risk.

Decentral may choose to make available updates, upgrades or other changes or enhancements to Jaxx Liberty (“Updates”). Updates may be: (a) optional, in which case you will receive information and instructions to authorize Updates; or (b) mandatory, in which case you must consent to the Update for continued access. You must backup Your Backup Phrase before installing an Update (which may be done automatically by Your device, depending on the settings in place).

No Responsibility For Transaction Delays

Decentral is not liable for any loss, damages, costs, or claims of any kind related to delays in effecting a blockchain transaction using Jaxx Liberty due to blockchain network congestion, errors involving Decentral’s software systems (including backend servers), or any other reason.

Limited License

Jaxx Liberty is licensed to You on a limited, revocable, personal, non-exclusive, non-transferrable, non-assignable, royalty-free, worldwide basis. Notwithstanding the foregoing, Jaxx Liberty 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 it.

No Warranty

To the extent permitted by the applicable law, Jaxx Liberty is provided at no cost to You, "as is" and “as available”. Decentral does not guarantee that its software will always be safe, secure, or error-free, or that it will function without disruptions, delays, bugs, or imperfections.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, DECENTRAL DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DECENTRAL MAKES NO REPRESENTATION OR WARRANTY THAT: (I) JAXX LIBERTY WILL BE COMPATIBLE WITH YOUR COMPUTER, DEVICE AND SOFTWARE; (II) JAXX LIBERTY WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF JAXX, INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM JAXX LIBERTY WILL BE SECURE; (V) THE USE OF JAXX LIBERTY WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (VI) THE USE OF JAXX LIBERTY WILL NOT CAUSE ANY DAMAGE TO YOUR COMPUTER SYSTEMS, SOFTWARE OR ELECTRONIC FILES.

JAXX LIBERTY AND ANY SERVICES DESCRIBED IN THIS AGREEMENT ARE ONLY OFFERED TO YOU IF YOU RESIDE IN A JURISDICTION WHERE THEY MAY BE LEGALLY OFFERED AND YOU AGREE TO BE SOLELY RESPONSIBLE FOR DETERMINING WHETHER THE USE OF JAXX LIBERTY AND ITS SERVICES IS COMPATIBLE WITH THE LAWS OF YOUR JURISDICTION. THE INFORMATION IN JAXX LIBERTY IS NOT AN OFFER OR SOLICITATION BY ANYONE TO ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.

Backend Servers

Although Jaxx Liberty is installable software, it also contains elements that rely on backend infrastructure run by Decentral (and other parties) which may be turned off temporarily or even permanently, without notice to You, at the sole discretion of Decentral. As a free service, Decentral does not make any representations that Jaxx Liberty’s servers (or the downloadable software) will be available at any particular time, or for any proportion of the time.

Some or all of the Jaxx Liberty service may not be available in all locations or jurisdictions worldwide due to geo-blocking or other measures taken by Decentral to ensure compliance with laws or to improve the quality of service. You hereby acknowledge and agree that we reserve the right at any time to modify or discontinue the whole, or any part of, Jaxx Liberty (including its backend servers), without notice other than as required under the applicable law, and that we will not be responsible or liable, directly or indirectly, to You (or any other person or entity) for any loss or damage of any kind incurred as a result of any such modifications or discontinuance or for any unavailability of Jaxx Liberty.

App Store Additional Terms

If You have downloaded Jaxx Liberty from the Apple iTunes Application Store then the following additional terms apply to your use of Jaxx Liberty (for the remainder of this Section, the “Software”):

You agree and acknowledge that these Terms of Service are concluded between You and Decentral, only and not with Apple and that Apple is not responsible for the Software and its content. In addition, Your use of this Software downloaded is limited to a non-transferable license to use the Software on any Apple branded products running iOS (including but not limited to iPad, iPhone, and iPod touch) ("iOS Devices") or macOS ("Mac Computers"), as applicable (collectively "Apple Device(s)") that You own or control and as permitted by the “Usage Rules” set forth in the “Apple iTunes Application Store Terms of Service”. Moreover, we hereby inform You and You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software.

Apple has no warranty obligation with respect to the Software and any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty set forth in this legal agreement. In the event of any failure of the Software to conform to any applicable warranty then You may notify Apple, and Apple will refund the purchase price for the Software (if any), and that to the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs and expenses attributable to any failure to conform to any warranty will be Decentral’s sole responsibility. Please note that to the extent permitted by applicable law, Decentral has disclaimed all warranties.

Apple is not responsible for addressing any claims relating to the Software or Your possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

Apple is not responsible for any third party infringement claims that the Software or Your possession and use of the Software infringe a third party’s intellectual property rights. In the event of any third party claim that the Software or the user’s possession and use of that Software infringes a third party’s intellectual property rights, Decentral, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

You acknowledge and agree that Apple, and its subsidiaries, are third party beneficiaries of this legal agreement and that, upon your acceptance of these terms and conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against You as a third party beneficiary hereof.

You represent 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.

Indemnification

You agree to release, indemnify, defend and hold harmless Decentral and its respective agents, employees, directors, successors, and assigns from any loss, liability, claim, demand, damage or expense asserted by any entity relating in any way to Your use (or misuse) of Jaxx Liberty, transactions made (or not made) through Jaxx Liberty, any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement, or any other cause of action.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, DECENTRAL WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO JAXX LIBERTY. YOU EXPRESSLY ACKNOWLEDGE THAT DECENTRAL HAS ENTERED INTO THIS AGREEMENT WITH YOU AND MAKES JAXX LIBERTY AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND DECENTRAL. JAXX LIBERTY IS OFFERED TO YOU AT NO CHARGE AND THEREFORE DECENTRAL’S LIABILITY TO YOU MUST BE AND IS LIMITED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN ORDER TO CONTINUE OFFERING JAXX LIBERTY 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 0.001 BITCOINS OR $50 CANADIAN DOLLARS, WHICHEVER IS GREATER.

YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND WILL CONTINUE TO APPLY, IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES, OR WHERE THERE IS A FAILURE OF THE ESSENTIAL PURPOSE OF THE CONTRACT, OR THE FAILURE OF ANY EXCLUSIVE REMEDY, OR THE TERMINATION OF THIS AGREEMENT. FURTHERMORE, IN NO EVENT SHALL DECENTRAL BE LIABLE FOR FAILED TRANSACTIONS; THE DELAYED RELAY OF TRANSACTIONS; LOST BACKUP PHRASES; LOST PRIVATE KEYS; ERRORS IN THE UNDERLYING SOFTWARE LIBRARIES THAT MAKE UP JAXX LIBERTY, LOST PROFITS OR FUNDS OR DIGITAL ASSETS; CHANGES IN THE VALUE(S) OF FIAT CURRENCIES OR CRYPTO ASSETS; OR ANY OTHER LOSSES RELATED TO YOUR USE OR MISUSE OF JAXX LIBERTY IN COMBINATION WITH DIGITAL ASSETS.

If You make use of third party services that enable you to enter into agreements, transactions, sales, purchases, trades, or financial transfers then You may be at a risk of loss due to malfunction, failure, or other issues with these third party services. You shall fully release, hold harmless, and indemnify Decentral, and the officers, directors, 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.

Further Legal Terms

The following legal terms also apply:

  1. We may amend this agreement by providing You with 30 days written notice, after which the amended terms shall be binding. To the fullest extent permitted by applicable law, Your continued access or use of Jaxx Liberty after the date specified in such notice constitutes Your acceptance of, and agreement to be legally bound by, the terms of the revised agreement. You may refuse the amendment by ceasing to use the Jaxx Liberty application and uninstalling it from Your device. You may not amend this agreement.
  2. 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. Notwithstanding the foregoing, if You are resident in the Province of Quebec, any disputes related to this agreement shall be heard in the courts of the City of Montréal, Quebec, Canada and the laws of Quebec, Canada shall apply.
  3. This agreement is binding upon You, Your heirs, executors, beneficiaries, successors and assigns and You may not assign this agreement to any other party. Decentral may assign this agreement as part of the sale of all or substantially all of its business or as part of a corporate reorganization.
  4. The clauses in this agreement that pertain to warranties, limitation of liability. Indemnification and release shall survive termination of this agreement.
  5. If any provision of this agreement is held invalid or unenforceable by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of this agreement shall continue in full force and effect. No failure to exercise, or waiver of, any provision of this agreement shall be deemed a further or continuing waiver of such provision or any other provision of this agreement.
  6. This agreement is the entire agreement between the parties with respect to Jaxx Liberty and the other subject matter of this agreement, and it supersedes any other representations, understandings, 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.

Contact Information

Jaxx Liberty customer support and inquiries must be submitted through the portal found at https://support.decentral.ca. For any inquiries or notices to Decentral Inc. regarding this agreement please contact legal@decentral.ca.