BF Wallet Terms of
Service and Use

This Wallet Application and its related services are owned and operated by BF Global, a company incorporated in the Cayman Islands. You acknowledge that any use of this Wallet Application and any use of our Services (except for API services if you agreed to a separate set of terms), is subject to these Terms of Service and Use (‘Terms’).

1. General

   1. We reserve the right to change these Terms at any time, in our sole discretion. Any such changes in respect of your use of the Services will take effect when posted on the Website where we host these Terms.
   2. It is your responsibility to read the Terms carefully on each occasion you use the Services. Your continued use of the Services shall signify your acceptance to be bound by the current Terms.
   3. Failure or delay by BF Global in enforcing or partially enforcing any provision of these Terms shall not be construed as a waiver of any rights.
   4. References herein to us, our, we or BF Wallet are to BF Global, a company incorporated in the Cayman Islands and having its registered office address at P.O. Box 10008, Willow House, Cricket Square, Grand Cayman, KY1-1001, Cayman Islands; and references to you, your or user are to the person or persons using the Wallet Application and/or the Services.

2. Definitions

   Capitalised terms used in these Terms have the following meanings:

   Business Day	means a day other than a public holiday, a Saturday or a Sunday, in Cayman Islands.
   Communication	means any form of written communication, including email.
   Deemed day of receipt	means the Business Day between 9:00am and 5:00pm UTC on which a Communication is received by BF Global, or where a Communication is received at any other time, the next Business Day following such receipt from 9:00am UTC.
   Force Majeure Event	means any event beyond our reasonable control, including, but not limited to, flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications or power failure, or equipment or software malfunction.
   Group Company	means BF Global and any other company that controls, is controlled by or is under common control with BF Global, and for such purpose ‘control’ means voting or management control or de facto control by any other means.
   Group Party	means any Group Company, its officers, directors, managers, members, employees, agents or other affiliates and any of their heirs, successors, representatives and assigns.
   Services	means any feature provided by us via the Website or any local Wallet Application (mobile desktop or otherwise), including without limitation Wallet services or BF Global information services, but excluding API services, which are governed by a separate agreement.
   Private	means, in respect of a Wallet, the private alphanumeric code assigned to its user.
   Public Key	means, in respect of a Wallet, the public alphanumeric code that is generated by means of an algorithm from its Private Key.
   Virtual Currency	means Bitcoin, Ethereum, Bnk To The Future Token (BFT) or any other Blockchain-based currency, asset, commodity or security.
   Wallet	means a user's Virtual Currency wallet that can be accessed by means of the Wallet Application.
   Wallet Address	means a Wallet's address, which is a compressed version of its Public Key.
   Wallet Application	means our software application known as the "BF Wallet" and each Website to the extent it relates to such application.
   Website	means, as the context requires, bnktothefuture.com and/or any other URL operated by us.

3. Eligibility

   1. You hereby accept and acknowledge that you: (a) are of legal age to agree to these Terms; and (b) have not previously been suspended or removed from using our Services.
   2. If you are using the Services on behalf of a legal entity, you further represent and warrant that: (i) the legal entity is duly organised and validly existing under the applicable laws of the jurisdiction of its organisation, and (ii) you are duly authorised by such legal entity to act on its behalf.

4. Governing law, jurisdiction and severability

   1. These Terms and your use of the Wallet Application and the Services shall be governed by and construed in accordance with Cayman Islands Law. Any dispute arising in connection with these Terms or your use of the Wallet Application or the Services will be resolved exclusively in the courts of Cayman Islands.
   2. If any part of these Terms is held by any court of the Cayman Islands to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these Terms shall not be affected.

5. Privacy Policy and security

   1. Please see our BF Wallet Privacy Policy and BF Wallet Cookie Policy at www.bfwallet.com/privacy.
   2. We endeavour to take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data you disclose online. You accept the inherent security risks of providing information and dealign online over the Internet.

6. Assumption of risk and exclusion of liability

   1. You accept and acknowledge that there are risks associated with utilising an Internet-based Virtual Currency wallet service including, but not limited to, the risk of failure of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorised access to information stored within your Wallet, including, but not limited to your Wallet Address and Private Key. You accept and acknowledge that we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Services, however caused.
   2. You accept and acknowledge that there are risks associated with utilising any Virtual Currency network, including, but not limited to, the risk of unknown vulnerabilities in or unanticipated changes to the network protocol. You acknowledge and accept that we have no control over any Virtual Currency network and will not be responsible for any harm occurring as a result of such risks.
   3. We will use reasonable endeavours to verify the accuracy of any information on the Wallet Application but we make no representation or warranty of any kind, express or implied, statutory or otherwise, regarding the contents of the Wallet Application, information and functions made accessible through the Wallet Application, any hyperlinks to third party wallet applications, or the security associated with the transmission of information through the Wallet Application or any wallet application linked to by the Wallet Application.
   4. We will not be responsible or liable to you for any loss and take no responsibility for and will not be liable to you for any use of our Services, including but not limited to any losses, damages or claims arising from: (a) user error such as forgotten passwords, incorrectly constructed transactions, or mistyped Virtual Currency addresses; (b) server failure or data loss; (c) corrupted Wallet files; (d) unauthorised access to the Wallet Application; or (e) any unauthorised third party activities, including without limitation the use of viruses, phishing, brute forcing or other means of attack against the Wallet Application or Services.
   5. We make no warranty that the Wallet Application or the server that makes it available, are free of viruses or errors, that its content is accurate, that it will be uninterrupted, or that defects will be corrected. We will not be responsible or liable to you for any loss of any kind, from action taken in reliance on material, or information, contained on the Wallet Application.
   6. Our liability to you or any other person in respect of any losses, damages or claims arising as a result of or in connection with your use of the Wallet Application and the Services is hereby excluded and/or limited to the maximum extent permitted by Cayman Islands law.

7. Indemnity

   1. You agree to indemnify and hold harmless each Group Party in respect of any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable legal fees, arising out or relating to:
      • your use of, or conduct in connection with, our Services;
      • any feedback or submissions you provide;
      • your violation of these Terms; or
      • your violation of any rights of any other person or entity.
   2. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding (at our expense) and determine whether we wish to settle it.

8. No liability for Third Party Content

   In using our Services, you may view content or utilise services provided by third parties, including links to web pages and services of such parties (Third Party Content). We do not control, endorse or adopt any Third-Party Content and will have no responsibility for Third Party Content including, without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable in your jurisdiction. In addition, your dealigns or correspondence with such third parties are solely between you and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealigns and you understand that your use of Third Party Content, and your interactions with third parties, is at your own risk.

9. Wallet registration

   1. To access the Services you must create a Wallet on the BF Wallet Application. When you create a Wallet, you are strongly advised to take the following precautions, as failure to do so may result in loss of access to, and/or control over, your Wallet: (a) create a strong password that you do not use for any other website or online service; (b) provide accurate and truthful information; (c) maintain and promptly update your Wallet information; (d) maintain the security of your Wallet by protecting your Wallet password and access to your device and your Wallet; (e) promptly notify us if you discover or otherwise suspect any security breaches related to your Wallet (f) use the backup functionality provided by the Wallet and safeguard your backup files as you would safeguard your most important personal information.
   2. When you create a Wallet, we will assign you an identifier that you must retain to access your Wallet.
   3. You hereby accept and acknowledge that you take responsibility for all activities that occur under your Wallet and accept all risks of any authorised access to your Wallet, to the maximum extent permitted by law.

10. The Services

    1. As described in more detail below, the Services, among other things, provide in-browser (or otherwise local) software that (a) generates and stores Virtual Currency Wallet Addresses and encrypted Private Keys, and (b) facilitates the submission of Virtual Currency transaction data to the relevant Virtual Currency blockchain network without requiring you to download or install the associated Virtual Currency network software to your local device.
    2. When you create a Wallet, the Services generate and store a cryptographic Private Key and Public Key pair that you may use to send and receive any supported Virtual Currency via the relevant Virtual Currency network. An encrypted backup of certain information associated with the Wallet is stored by the Services. The Private Key uniquely matches the Wallet Address and must be used in connection with the Wallet Address to authorise the transfer of Virtual Currency from that Wallet Address. You are solely responsible for maintaining the security of your Private Key and any backup phrase associated with your Wallet. You must keep your Wallet Address, backup phrase (in a written down format or otherwise) and Private Key access information secure. Failure to do so may result in the loss of control of Virtual Currency associated with the Wallet.
    3. We do not receive or store your Wallet password, or the unencrypted keys and addresses. Therefore, we cannot assist you with Wallet password retrieval. Our Services may provide you with tools to help you remember or recover your password, including by allowing you to set password hints, but the Services cannot generate a new password for your Wallet. You are solely responsible for remembering your Wallet password. If you have not safely stored a backup of any Wallet Address and Private Key maintained in your Wallet, you accept and acknowledge that any Virtual Currency you have associated with such Wallet Address will become inaccessible if you do not have your Wallet password.
    4. In order to be completed, all proposed Virtual Currency transactions must be confirmed and recorded in the Virtual Currency public ledger associated with the relevant Virtual Currency network. Such networks are decentralised, peer-to-peer networks supported by independent third-parties, which are not owned, controlled or operated by us. Virtual Currency networks are operated by decentralised networks of independent third parties. We have no control over any Virtual Currency network and therefore cannot and do not ensure that any transaction details you submit via the Services will be confirmed via the relevant Virtual Currency network. You acknowledge and agree that the transaction details you submit via the Services may not be completed, or may be substantially delayed, by the Virtual Currency network used to process the transaction.
    5. A Virtual Currency is an intangible, digital asset. It exists only by virtue of the ownership record maintained in the underlying Virtual Currency network. The Services do not store, send or receive Virtual Currency. Any transfer of title that might occur in any Virtual Currency occurs on the decentralised ledger within the Virtual Currency network and not within the Services. We do not guarantee that the Service can affect the transfer of title or right in any Virtual Currency.
    6. Nothing in these Terms is intended to nor shall create any partnership, joint venture, agency, consultancy or trusteeship between you and any Group Party.
    7. You represent and warrant that any information you provide via the Services is accurate and complete. You accept and acknowledge that we are not responsible for any errors or omissions that you make in connection with any Virtual Currency transaction initiated via the Services, for instance, if you mistype a Wallet Address or otherwise provide incorrect information. We strongly encourage you to review your transaction details carefully before completing them via the Services.
    8. Once transaction details have been submitted to the Virtual Currency network via the Services, the Services cannot assist you to cancel or otherwise modify your transaction details. We have no control over any Virtual Currency network and do not have the ability to facilitate any cancellation or modification requests.
    9. It is your responsibility to determine what, if any, taxes apply to the transactions you for which you have submitted transaction details via the Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that we are not responsible for determining whether taxes apply to your Virtual Currency transactions or for collecting, reporting, withholding or remitting any taxes arising from any Virtual Currency transactions.

11. Fees

    1. Creating a Wallet is free. We do not currently charge fees for any Services, although we reserve the right to do so in future, and in such case any applicable fees will be displayed prior to you using any Service to which a fee applies.
    2. A Virtual Currency network is a network of computers operated by individuals or entities known as “miners,” who voluntarily participate in the process of confirming transactions on the network. These computers (known as mining rigs) compile a list or "block" of pending transactions, verify that each transaction in the block is valid and does not involve an attempt to double-spend coins, and attempt to complete a mathematical algorithm that determines whether the block may be added to the public ledger of confirmed blocks, called the Blockchain. Typically, miners receive: (i) an amount of Virtual Currency as a reward for any confirmed transaction, generated automatically via the Virtual Currency mining protocol; and (ii) Any fees voluntarily included within the block by the individuals who initiated the proposed transactions (sMiners Fees). Since miners verify Virtual Currency transactions on a voluntary basis, it is customary to include a Miners Fee in order to provide an incentive to the miners to add a proposed transaction to the next block for confirmation via the Virtual Currency network.
    3. For both Bitcoin and Ethereum transactions, we will determine a default Miners Fee. You accept and acknowledge that we do not receive any Miners Fees in connection with providing the Services, and are not responsible for the speed at which your transactions may be verified by miners.
    4. If you use a Service to which a charge applies, or you initiate a transaction with a Miners Fee via the Services, you will not be able to change your mind once you have confirmed that you wish to proceed with the Service or transaction.

12. Discontinuance of Services

    1. We may, in our sole discretion and without cost to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services. You are solely responsible for storing, outside of the Services, a backup of any Wallet Address and Private Key that you maintain in your Wallet.
    2. If you do not maintain a backup of your Wallet data outside of the Services, you may not be able to access Virtual Currency associated with any Wallet Address maintained in your Wallet in the event that we discontinue any Services.

13. Suspension or termination of Services

    We may suspend or terminate your access to the Services in our sole discretion, immediately and without prior notice, and delete or deactivate your Wallet and all related information and files in your Wallet without cost to you, including, for instance, in the event that you breach any term of these Terms. In the event of termination, your access to funds will depend on your access to your backup of your Wallet data including your wallet Address and Private Key.

14. Acceptable use

    When accessing or using the Services, you agree that you will not commit any unlawful act, and that you are solely responsible for your conduct while using our Services. Without limiting the generality of the foregoing, you agree that you will not:

    • use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner;
    • use our Services to pay for, support or otherwise engage in any illegal activities, including, but not limited to illegal gambling, fraud, money laundering, or terrorist activities;
    • use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Services or to extract data;.
    • use or attempt to use another user’s Wallet without authorisation;
    • attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Services that you are not authorised to access;
    • introduce to the Services any virus, Trojan, worms, logic bombs or other harmful material;
    • develop any third-party application that interacts with our Services without our prior written consent;
    • provide false, inaccurate, or misleading information; or
    • encourage or induce any third party to engage in any of the foregoing prohibited activities.

15. Intellectual property rights

    1. Unless otherwise indicated by us, all intellectual property rights in the Wallet Application and in any content provided in connection with our Services, are the property of BF Global or our licensors or suppliers and are protected by applicable intellectual property laws. We do not give any implied licence for the use of the contents of the Wallet Application.
    2. You accept and acknowledge that the material and content contained within the Wallet Application is made available for your personal, lawful, non-commercial use only and that you may only use such material and content for the purpose of using the Wallet Application. You further acknowledge that any other use of content from the Wallet Application is strictly prohibited and you agree not to infringe or enable others to infringe our intellectual property rights.
    3. You agree to retain all copyright and other proprietary notices contained in the material and content within the Wallet Application on any copy you make of the material, but failing to do so shall not prejudice our intellectual property rights therein.
    4. You may not sell or modify the Wallet Application materials or reproduce, display, publicly perform, distribute or otherwise use the materials in any way for any public or commercial purpose. Your use of the materials on any other wallet application or on a file-sharing or similar service for any purpose is prohibited.
    5. You may not copy any material or content contained on the Wallet Application or accessible through the Wallet Application without our written permission. We reserve in full any rights not expressly granted herein to use the materials contained on the Wallet Application.

16. Feedback and user submissions

    1. We are always improving the Services and the Wallet Application. If you have ideas or suggestions regarding improvements or additions to the Services or the Wallet Application, we would like to hear them; however, any submission will be subject to these Terms.
    2. Under no circumstances will any disclosure of any idea or feedback, or any related material to y s any Group Party be subject to any obligation of confidentiality or expectation of compensation.
    3. By submitting an idea or feedback or any related material that would be subject to intellectual property rights (Work) to any Group Party, you grant to each Group Party, in respect of the Work submitted, a non-exclusive, perpetual, worldwide royalty free licence to use all of the content of such ideas and feedback, for any purpose whatsoever. Further, you are waiving any moral rights to the fullest extent permitted under Cayman Islands law that you may have in the Work and you represent and warrant to us that the Work is wholly original, that no one else has any rights in the Work and that each Group Party is entitled, free of any royalty, to implement the Work and to use the related material if so desired, as provided or as modified by such Group Party, without obtaining permission or licence from any third party.
    4. We have the right to remove any posting you may make to the Website, in our absolute discretion, without warning or reasons.

17. How to contact us

    1. You may contact us using the following modes of Communication:
       • For any purpose other than technical support requests: By registered post to: BF Global, P.O. Box 10008, Willow House, Cricket Square, Grand Cayman, KY1-1001, Cayman Islands; or By courier to: BF Global, Willow House, Cricket Square, Grand Cayman, Cayman Islands.
       • For technical support requests only: By submitting a request via our Support tool at: https://bnktothefuture.com/support
    2. Any Communication you submit to us will be deemed to be received on the Deemed day of receipt.

18. Force Majeure

    If by reason of any Force Majeure Event, either we or you are delayed or prevented from complying with any of these Terms, then such delay or non-compliance shall not be deemed to be a breach of these Terms and no loss or damage shall be claimed by us or you by reason thereof.

19. Nature of Agreement

    1. These Terms constitute the entire agreement between you and us with respect to the subject matter of these Terms and these Terms cancel and supersede any prior understandings and agreements between you and us as to that subject matter. You may not assign any of your rights or obligations under these Terms without our prior written consent.