Terms of Service

Introduction
1. Blanq Labs BV ("Blanq", "we", "our", or "us") develops self-custody distributed-key hardware wallet ("Blanq Wallet” or “wallet”) which allow users to manage cryptoassets and transactions on compatible blockchains and similar networks (the “network”).
2. Blanq makes a microprocessor based smartcard (“Blanq card” or “card”), a mobile application (“Blanq app” or “app”) and a server-side application (“Blanq server” or “server”) which work in combination to securely manage user’s cryptographic keys and access to cryptoassets. These components (“Blanq components'', “wallet components” or “components”) are jointly referred to as the Blanq Wallet.
3. These terms of use apply to the use of the Wallet and any and all combinations of components, as applicable.

Relationship
1. Blanq is a company registered in the Netherlands with its registered office at Singel 542, Amsterdam 1017 BV, The Netherlands.
2. If you would like to contact us, please write to us using the details at the end of these Terms of Service.
3. Your privacy is important to us. Please read our Privacy Policy to understand how we collect, use and share information about you.

Your right to use the Blanq wallet
1. The materials and content comprising the Blanq wallet belong to us or our third party licensors, and we give you permission to use these materials and content for the sole purpose of using the Blanq wallet in accordance with these Terms of Service.
2. Your right to use the Blanq wallet is personal to you and you are not allowed to give this right to another person.
3. We allow you to purchase, download or acquire by any other means, components of the Blanq wallet for use on/with your mobile device in order to access and use the Blanq wallet in accordance with these Terms of Service and we grant you a non-exclusive, personal, non-transferable licence for this purpose only.
4. Unless allowed by these Terms of Service and as permitted by the functionality of the Blanq wallet, you agree not to: i. copy any portion of the Blanq wallet; ii. give or sell or otherwise make available any portion of the Blanq Wallet to anybody else; iii. change any portion of the Blanq wallet in any way; iv. look for or access the code of any portion of the Blanq wallet that we have not expressly published publicly for general use.
5. You agree that all confidential information, copyright and other intellectual property rights in the Blanq wallet belong to us or the people who have licenced those rights to us.
6. You agree that you have no rights in or to any portion of the Blanq wallet other than the right to use it in accordance with these Terms of Service.

Device compatibility and security
1. Blanq wallet employs advanced device capabilities to provide best security for your cryptoassets. Not all devices may provide all of these capabilities and may therefore not be compatible for use with Blanq wallet. It is your responsibility to check the compatibility information provided on the Blanq website, App and further available on request via our support contact. Blanq will not be responsible for the cost of acquiring Blanq wallet that is not usable due to device incompatibility.
2. The cryptoassets and Blanq wallet you manage through the Blanq App may be at risk if the security of your mobile device on which you install and set up the Blanq App is compromised. You should therefore ensure that you keep your mobile device safe and secure in accordance with best practices recommended by the provider of your operating system, such as setting up biometric authentication, a "strong" PIN and/or password to prevent unauthorised access and ensuring that you keep your software up to date.
3. You are responsible for ensuring that your mobile device is secure. Do not use the Blanq App on a device that has been "jailbroken", "cracked", "rooted" or otherwise had restrictions in the software removed, as this may compromise the security of your Blanq wallet and your cryptoassets.

Important warnings
1. Blanq wallet allows you to initiate and manage cryptoasset transactions on the network. Dealing or trading in cryptoassets is inherently risky, as the prices of cryptoassets can change rapidly. We cannot guarantee that the value of any cryptoassets that you purchase will not fall. You therefore buy or sell any cryptoassets through the Blanq wallet at your own risk.
2. Completion of transactions that you initiate through the Blanq wallet also depends on the availability and operation of the network you interact with using the Blanq wallet. Issues with the network may cause transactions that you initiate through the Blanq wallet to fail. This may mean that the transaction you were originally intending to perform will no longer be available. Due to the decentralised nature of these networks, Blanq is not responsible to you for errors or any losses that you suffer as a result of such issues or failed transactions.
3. Blanq wallet does not facilitate the storage or sending of fiat currencies and Blanq is not authorised to conduct regulated activities by the De Nederlandsche Bank (DNB) or Autoriteit Financiële Markten (AFM) in The Netherlands or any other regulator anywhere in the world. The cryptoassets that you manage through the Blanq wallet are not covered or underwritten by any regulatory guarantees or compensation schemes, such as the Dutch Deposit Guarantee in The Netherlands.
4. In order to execute transactions on certain networks, you will need to pay fees which are set by the protocol and operators of the relevant network and can fluctuate depending on the level of congestion on that network (“Network Fees”). Transactions might fail if the Network Fee for that transaction is set too low, and you might still be liable for a proportion of the Network Fee even if your transaction fails.
5. We will recommend Network Fees for your transaction based on current network demand. You acknowledge that there may be unexpected spikes in the usage of that network which can cause the Network Fees to increase suddenly above the price that we recommend for your transaction. We will not be responsible to you for any losses that you suffer as a result of any transaction through the Blanq wallet failing as a result of the Network Fees being set too low.

Product Changes
1. You agree that changes to the Blanq wallet will take place over time and this is an important condition on which we grant you access to the Blanq wallet. Once we have made changes to the Blanq wallet, your continued use of the Blanq wallet will show that you have accepted any changes to the Blanq Wallet. You are always free to stop using the Blanq Wallet.
2. Blockchain technology moves quickly, and we try to keep the functionalities of the Blanq wallet up to date to keep up with new developments. While we do our best to make sure that any features that we make available are of a reasonable standard, we cannot guarantee that the wallet service and networks will always be available and free from errors/ defects or operate without issues.
3. Declining changes or updates to the Blanq wallet may expose the Blanq wallet on your mobile device to increased security risk. You will also not be able to access new or upgraded functionalities that we may offer through the wallet. Blanq shall not be liable to you for any losses you may suffer as a result of failing to complete any updates to the Blanq wallet.

Third party applications and services
1. The Blanq wallet allows you to access and use certain distributed applications ("Dapps") and cryptoasset platforms ("Crypto Platforms") that are integrated or compatible with the wallet. These Dapps and Crypto Platforms are provided by third parties which are not related to Blanq. Although we facilitate your access to these Dapps and Crypto Platforms, we are not responsible for them in any way. Your use of the Dapps and Crypto Platforms will not be governed by these Terms of Service or be part of your relationship with Blanq. You should make sure that you check the Dapp or Crypto Platform provider's website for the most up to date version of their terms and conditions before you access their services using the Blanq wallet.
2. Not all Crypto Platforms and Dapps support all types of cryptoassets. You should make sure, before you initiate any transactions through the Blanq wallet, that the cryptoassets you are sending are compatible with the recipient's wallet. You will not be able to recover any cryptoassets that you have sent, and we will not be responsible to you for any losses you suffer as a result of any cryptoassets that you send being incompatible with the recipient's wallet.
3. Not all networks will support the same Crypto Platforms and Dapps. You should check which networks are compatible with the Crypto Platforms and Dapps that you wish to use before you access or use them through the Blanq wallet. Using Crypto Platforms and Dapps on a different network to the network you select when using the Blanq wallet could cause the transactions to fail, and you may also not be able to recover any cryptoassets that you send to those Crypto Platforms or Dapps in connection with those transactions. We will not be responsible to you for any losses you suffer as a result of any use of Crypto Platforms or Dapps on a different network to the network you used in your Blanq wallet.

Wallet Use
1. You must be 18 years or older and capable in your country of residence of entering into a legally binding agreement to use the Blanq wallet.
2. You must acquire the Blanq Card from Blanq or one of its official partners, download and set up the Blanq wallet on your mobile device and follow the activation and setup process in order to use the Blanq wallet.
3. Blanq wallet securely generates and distributes your master key (the “seed”) into secure shares (the “shares”) that are stored in different elements (the “factors”). Any transfer of cryptoassets out of the user’s wallet (“withdrawal”) necessitates access to 3 (the “threshold”) shares and a Blanq card to participate in the authorization protocol (“Blanq protocol”).
4. Blanq wallet is a self-custodial wallet and therefore Blanq never has access to the seed and can never execute a withdrawal transaction without the user explicitly participating in the Blanq protocol. This provides a strong guarantee that only the authorised user controls the cryptoassets. However, it also means that if the user loses access to the threshold number of shares and is unable to participate in the protocol, the user may be unable to access the cryptoassets. You understand that Blanq cannot assist in restoring access to the cryptoassets without the user explicitly participating in the Blanq protocol, given the self-custodial architecture of the protocol.
5. In the event of the loss of one of the shares, the Blanq protocol provides a way for the user to restore the lost share, provided that the user has access to two other required shares and the original or replacement card.
6. If you choose to allow Blanq to act as one of the guardians in the protocol, Blanq may be able to assist in restoring access to more than one lost shares, provided the user still has access to one of the required shares and is able to authenticate to the guardian. Blanq, currently, uses a combination of email and sms verification for guardian authentication

Fees
1. If you initiate a transaction on certain networks through the Blanq wallet we may charge you a fee (the "Blanq Fee").
2. We will indicate to you if an Blanq Fee, and the amount of that fee, is payable in respect of the transaction before you confirm that transaction through the Blanq wallet.
3. We will ask you to pay the Blanq Fee at the same time as you initiate the relevant transaction. If you decline to pay the Blanq Fee, or if you have insufficient cryptoassets to pay the Blanq Fee and the value of the transaction, we will decline to process the transaction through the Blanq wallet.

App store provisions
1. You acknowledge that these Terms of Service set out the terms of the agreement between you and us only, and do not apply to your relationship with Apple, Inc, Google Ireland Limited or any other provider of an app store or distribution platform from which you download the Blanq App (the "Store Provider").
2. We, not the Store Provider, will be solely responsible for performance of the Blanq App, any content that we make available through the Blanq App and any support or maintenance in respect of the Blanq App. The Store Provider will have no obligation to provide any maintenance or support services with respect to the Blanq App.
3. We, not the Store Provider, will be solely responsible in the event that the Blanq App does not comply with any promises (including any promises made in respect of its functionality, suitability or fitness for purpose). To the maximum extent permitted by law, the Store Provider will not be responsible to you for any claims in relation to the Blanq App.
4. In the event of any claim that the Blanq App infringes another person's intellectual property rights, we, not the Store Provider, will be solely responsible for investigating, defending, settling or otherwise dealing with any such intellectual property infringement claim.
5. You acknowledge 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 you are not listed on any U.S. Government list of prohibited or restricted parties.
6. The Store Provider (and members of its corporate group) are third party beneficiaries under these Terms of Service and have the right to enforce these Terms of Service against you.

Rules of acceptable use
1. In addition to the other requirements within these Terms of Service, this section describes specific rules that apply to your use of the Blanq wallet (the "Rules of Acceptable Use").
2. When using the Blanq wallet you must not: circumvent, disable or otherwise interfere with any security related features of the Blanq wallet; permit another person to use the Blanq wallet on your behalf unless such person is authorised by you; use the Blanq wallet if we have suspended or banned you from using it; or advocate, promote or engage in any illegal or unlawful conduct, including any criminal activity, fraud or money laundering, breach of sanction, or conduct that causes damage or injury to any person or property.
3. We may monitor the activity on the Blanq wallet to ensure that you comply with the Rules of Acceptable Use, including to ensure that the cryptoassets you manage are not, or are not purchased with, funds obtained illegally.
4. Failure to comply with Rules of Acceptable Use constitutes a serious breach of these Terms of Service, and may result in our taking all or any of the following actions (with or without notice): immediate, temporary or permanent withdrawal of your right to use the Blanq wallet; issuing of a warning to you; legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
5. The responses described in paragraph 11.4 are not limited, and we may take any other action we reasonably deem appropriate.

Termination of relationship
1. If at any time you do not feel that you can agree to these Terms of Service or any changes made to these Terms of Service, you must immediately stop using the Blanq wallet.
2. We may also withdraw the Blanq wallet as long as we give you reasonable notice that we plan to do this.
3. If you or we end your use of the Blanq wallet or we withdraw the Blanq wallet as described in this section, you will lose any rights you have to use the Blanq wallet. This will not affect your rights in respect of the cryptoassets that you manage through the Blanq wallet; however, you will need to follow our migration instructions to export data to an alternative crypto wallet service provider in order to access your cryptoassets.
4. The termination of your use of the Blanq wallet shall not affect any of your obligations to pay any sums due to us.
5. Nothing in this section 12 affects any legal rights you may have under the law of the country in which you are resident.

Liabilities and responsibilities
1. We do our best to ensure that the features and functionalities of the Blanq wallet are of a reasonably satisfactory standard and match any descriptions we have provided to you. However, as we do not own or produce the third party applications, services or networks that you may access through the Blanq wallet, we cannot be responsible for them in any way or promise that the Blanq wallet will always be compatible with such third party services.
2. We will do our best to ensure that any elements of the Blanq wallet that require a connection to the Internet and networks will always be available to you. However, due to the nature of the Internet, the networks and technology in general, any such features of the Blanq wallet may be unavailable if we need to undertake any emergency or scheduled maintenance on our systems. This means that we are unable to promise that your use of those features of the Blanq wallet will always be uninterrupted, without delays, error-free or meet your expectations. To the extent we are able to do so, we exclude any commitments that may be implied by law.
3. We will not be responsible to you for any losses that you might suffer as a result of your use of the Blanq wallet and/or any of its components, including any failure or delay related to the locking or unlocking or recovery of your access to your cryptoassets or approval of any transaction.
4. In the event of claims arising out of the provision of the Blanq wallet, our responsibility to you will never be more than the amount you have paid us in Blanq Fees in respect of the transaction which caused the loss. In the event that you have not paid us any Blanq Fees in respect of that transaction, we shall have no responsibility whatsoever to you.
5. The above does not affect your rights under the applicable law of the country in which you are resident, including our responsibility to you for any personal injury or death caused by our negligence, or our fraud.

Changes to these terms
1. We may revise these Terms of Service from time to time but the most current version will always be at: https://blanqlabs.com/legal/terms
2. Changes will usually occur because of new features being added to the Blanq wallet, changes in the law or where we need to clarify our position on something which affects these Terms of Service.
3. Normally, we will try to give you some warning before the new terms become effective. However, sometimes changes will need to be made immediately and if this happens we will not give you any notice.

Documents that apply to our relationship with you
1. The current version of the Terms of Service contains the only terms and conditions that apply to our relationship with you.
2. We intend to rely on these Terms of Service as setting out the written terms of our agreement with you for the provision of the Blanq wallet. If part of the Terms of Service cannot be enforced then the remainder of the Terms of Service will still apply to our relationship.
3. If you do not comply with these Terms of Service and we do not take action immediately, this does not mean we have given up any right we have and we may still take action in the future.

Law
1. The laws of The Netherlands will apply to all disputes and the interpretation of these Terms of Service. The courts of The Netherlands will have non-exclusive jurisdiction over any dispute arising from or related to your use of the Blanq wallet.
2. This does not affect your rights under the law of the country in which you are resident, including (where applicable) your right to have a dispute in relation to your use of the Blanq wallet heard in the courts of that country.

Contact
1. If you need to contact us in relation to these Terms of Service or any other document mentioned in them, please email us at [email protected]
2. We value hearing from our users, and are always interested in learning about ways we can improve the Blanq wallet. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.
3. If you choose to contact us, we will treat any personal data you provide to us in accordance with our Privacy Policy.