Privacy policy

Agreement for the use of the platform 1

1.0 GENERAL

1.1. These Terms of Use constitute a legally binding agreement made between you, (“you” or “the Client”) and SCRYBIT WALLET LTD (“we,” “us” or “our” or “X”), concerning your access to and use of the account held by the Client (“Account”) related, linked, or otherwise connected to our system or platform (collectively referred to as the “Site”).

1.2. You agree that by accessing the site, you have read, understood, and agree to be bound by all these Terms of Use. If you do not agree with all these Terms of Use, then you are expressly prohibited from using the Site and you must discontinue use immediately.

1.3. SCRYBIT reserves the right, at its sole discretion, to supplement from time to time the Terms of Use which will be posted on the site and which are hereby expressly incorporated herein by reference.

1.4. SCRYBIT shall notify the Client of any changes by sending an e-mail to the primary e-mail address registered with the Client’s Account or by posting a notice of the changes on our Website with a link to the amended Terms of Use.

1.5. The Client is responsible for periodically reviewing these Terms of Use and to remain informed of updates. The Client will be subject to and will be deemed to have been made aware of and to have accepted the changes in any revised Terms of Use through his continued use of the site after the date such revised Terms of Use are posted.

1.6. The information provided on the site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to its law or regulation or which would subject SCRYBIT to any registration requirement within such jurisdiction or country.

1.7. Where our Site contains links to other Sites and resources provided by third parties, these links are provided for information only. Such links should not be interpreted as approval by SCRYBIT of those linked websites or of any information you may obtain from them.

1.8. SCRYBIT does not guarantee that its Site, or any content on it, will always be available or be uninterrupted. SCRYBIT may suspend or withdraw or restrict the availability of all or any part of our wallet for business and operational reasons and will endeavour to provide reasonable notice to the Client of any suspension or withdrawal.

1.9. SCRYBIT as regulated and licenced entity, could be reach out at [email protected] or by a phone call at +230 59031233 or through whatsapp chat on the website www.scrybit.io The registered office address of SCRYBIT is at Level 2, The Docks 4, Port-Louis, Mauritius.

1.10. SCRYBIT is a regulated non-custodial wallet where users can buy and sell Virtual Assets through Scrybit regulated partners. The users will also be able to transfer the Virtual assets to other wallets. The private key of the wallet will be under the sole custody of the users.

1.11. SCRYBIT is licensed under the Class O Wallet Business activity under the Virtual Assets and Initial Token Offering 2021 under the Laws of Mauritius.

1.12. SCRYBIT, in any situation of conflict of interests, will ensure a fair treatment of users.

1.13. SCRYBIT users have cancellation and withdrawal rights in relation to the products and services of the platform. Requests should be sent to [email protected]. The company will consider the request and revert to the users in a reasonable amount of time.

1.14. There is no minimum duration of contract as Users will have to pay the annual subscription fee to be able to transact on the platform. In case, users have not paid the annual fees, some features of the wallet may be disabled at the discretion of Scrybit Team.

1.15. Users to refer to the Complaints’ Handling Policy in case a complaint is lodged. 1.16. General Risk Disclosure with regards to Virtual Assets:

(a) the value of virtual assets may be subject to sudden and extreme volatility, including a total loss of value;

(b) past performance is not a reliable indicator of future performance;

(d) virtual assets involve new and evolving technologies, that the markets in virtual assets are still in an early stage of development, and that client may be disadvantaged by information asymmetries when dealing in virtual assets;

(e) the operation of virtual assets can be complicated, and so clients shall take care to understand the risks of virtual assets before dealing in them; and

(f) there is a greater risk of virtual assets being irrevocably lost, stolen or

compromised as a result of a security issue than with traditional investments.

1.17. Users are being informed that Scrybit shall be partnering with only registered and regulated service providers only. This will provide more comfort and security to our users.

1.18 Users may communicate in either English or French languages when dealing with Scrybit representatives.

1.19 Users will need to have either an android or IOS operating system on their mobile phones to be able to download the Scrybit wallet application.

1.20 Users may use the wallet services as long as the annual subscription fee is paid. But if there are any negative hits or Virtual Assets linked to negative remarks, the features of the wallet may be disabled by Scrybit.

2. REGISTERING FOR AN ACCOUNT

2.1. In order to open an Account, the Client must be at least 18 years old.

2.2. The Client must not be a resident of any country where SCRYBIT does not provide services. SCRYBIT reserves the right to amend the list of non-serviced countries from time to time. Any changes made will come into effect immediately and without notice.

2.3. The Client may open an Account provided it is legal to do so in his country of residence. By opening an Account, the Client represents and warrants to us that your opening of an Account does not violate any laws or regulations applicable to you.

2.4. You must create an Account by registering your details according to the instructions found on the sign-up page on our Site.

2.5. All information provided when registering an account and at any time thereafter must be correct and truthful. You represent and warrant that you will maintain the accuracy of such information and promptly update such registration information, as necessary. If you do not provide such information or fail to cooperate with SCRYBIT, SCRYBIT reserves the right to suspend or close the Account.

2.6. The Client must provide SCRYBIT with the necessary documentation and pass all our verification checks.

2.7. Activation of the account will be effected only after all compliance checks have been done and approval released by SCRYBIT team and the annual wallet subscription fee of USDT10 (BEP-20 or Polygon network ) is paid. Payment of the fees should be performed by the user using USDT10 on the Binance or Polygon Blockchain.

2.8. If the annual wallet usage renewal fee is not paid, users won’t have access to the full features and functionalities of the wallet. Upon payment of the annual wallet usage renewal fee, SCRYBIT will make all features and functionalities accessible again.

2.9. When users will buy or sell Virtual Assets, a transaction fee of 3.5% will be charged. On the selling of Virtual Assets transactions, fiat payment will be effected within 3-5 days to the Bank accounts details provided on the platform by our regulated and licenced Partner. Users need to ensure that the correct Bank account details are provided. The Fiat Payment will be done from our Partner’s Bank accounts with regulated and licenced European Banks.

3. USE OF YOUR ACCOUNT

3.1. Your Account is a wallet which enables the Client to transfer, buy and sell virtual assets.

3.2. All of your transactional records (deposits, withdrawals, payments sent and received) can be found in the Transaction History section of your Account. Each transaction has a unique transaction ID. You should quote this transaction ID when communicating with us about a particular transaction. You should check your Account balance and transaction history regularly. You should report any irregularities or clarify any questions you have as soon as possible by contacting the Support Team.

3.3. SCRYBIT reserves the right to decline any transaction at its sole discretion in circumstances where that transaction is fraudulent, would be in breach of these Terms of Use, would contravene any applicable law or regulation, or where the Client has insufficient funds to make the transaction.

3.4. The amount of any payment made to your Account will be credited to your Account , less any applicable fees.

3.5. Users should provide the correct wallet address to senders to avoid loss of Virtual Assets. The appropriate coins/tokens and blockchain network should be selected. SCRYBIT will not be responsible for any loss of Virtual Assets by wrongly selecting the coins/tokens and blockchain networks.

3.6. Users may terminate the contract with the Virtual Asset Service Provider but it will be subject to the termination conditions of Scrybit.

4. NO TRANSFER AND ASSIGNMENT

4.1. The Client’s Account belongs only to the natural person that registered it. The Client cannot transfer his Account to any third parties, and cannot assign or grant any legal or equitable interests over his Account to any other party.

4.2. The Client must ensure that the transfer details he enters when making a withdrawal or a transfer are correct and complete. SCRYBIT will not be liable for funds being sent to the wrong account where this is due to the Client providing incorrect payment details.

4.3. In the unlikely event that SCRYBIT become insolvent, the Client may export his/her private key to any other wallet provider. SCRYBIT will issue official communication to inform all users and give reasonable time to users to export their private keys or transfer their assets.

5. ACCOUNT SECURITY AND RESTRICTIONS

5.1. You must always take all reasonable steps to keep your Account Private Keys/Password and any other security features safe and never disclose them to anyone. SCRYBIT’s personnel will never ask you to provide your password to us or to a third party. Any message you receive or website you visit that asks for your password or other security features, other than the Site should be reported to us.

5.2. SCRYBIT advises you to change your password regularly (at least every three (3) to six (6) months) in order to reduce the risk of a security breach. We also advise you not to choose a password that can be easily guessed from information someone might know or gather about you or a password that has a meaning. You must never allow anyone to access your Account or watch you access your Account. You must comply with the security procedures put in place by SCRYBIT from time to time.

5.3. If you have any proof or suspicion that the Account or any of the security features related to it have been compromised, stolen, lost or misappropriated, the Client needs to immediately change his password. Given the non-custodial nature of the wallet, compromising your private keys/password may result in loss of your assets. SCRYBIT advises that you also contact the police in case you believe someone else accessed your Account.

5.4. In case SCRYBIT believes that your Account is at risk of fraud or a security threat, SCRYBIT will use the fastest and most secure way of contacting the Client using the details you have provided to tell you what you need to do to help deal with that risk. But users needs to understand that SCRYBIT Wallet is a non-custodial wallet and compromising your private key/password may result in loss of assets.

5.5. You agree to use your Account in accordance with these Terms of Use and/or any other instructions we may give you from time to time. You agree and acknowledge that you are prohibited from using our Site and Services in relation to the following non-exhaustive list of activities: (1) systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us, (2) make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences, (3) trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords, (4) make improper use of our support services or submit false reports of abuse or misconducts, (5) attempt to impersonate another user or person or use the username of another user, (6) use any information obtained from the Site in order to harass, abuse, or harm another person, (7) harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you, (8) decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site, (9) delete the copyright or other proprietary rights notice from any Content, (10) sending unsolicited email or similar methods of mass messaging (spam).

5.6. You are forbidden from conducting transactions (deposits, withdrawals, payment, transfers) that are directly or indirectly connected, or which furthers the following activities and subject matters. Those include, but are not limited to: (1) Material which incites or promote violence and/or racism, (2) Prescription drugs and illegal drugs, (3) Illegal tobacco products, (4) Firearms and weapons, (5) Pornography, child pornography, adult material, (6) Satellite and cable TV descramblers, (7) Any fake or counterfeit government ID’s, Visas, Licenses or other, (8) Any goods or services that infringe on the intellectual property rights of third parties, (9) Prepaid or other stored value cards that are not associated with a Merchant and/or are not limited to purchases of particular products or services, (10) Gambling of any type (11) Pyramid or Ponzi scheme products or third-party payment processing or payment aggregation products, multi-level marketing and other “get-rich-quick” schemes or high yield investment programs and (12) unregistered charity services of any type.

We reserve the right to add, in our sole discretion, other prohibited items to the above list without prior notice.

5.7. It is strictly prohibited to use your Account for any illegal purposes including but not limited to fraud, money laundering and terrorism related activities. SCRYBIT will investigate and report any suspicious activity to the relevant law enforcement agency. You are prohibited from using your Account to abuse, exploit or circumvent the usage restrictions imposed by a Merchant or a Third-Party Provider on the services it provides.

5.8. If you conduct or attempt to conduct any transaction in violation of the prohibitions contained in these Terms of Use, SCRYBIT reserves the right to: close or suspend your Account and/or report the transaction to the relevant law enforcement agency and/or claim damages from you.

5.9. You agree and acknowledge that it is solely your responsibility to ensure that you engage in transactions to/from other persons/Merchants which are both compliant with any applicable laws and regulations and not in breach of these Terms of Use. The mere fact that a person conducts transactions through SCRYBIT is not an indication of the legality of the supply or provision of their goods and services. If you are in doubt as to the legality of a supply or purchase, you should not continue with your payment.

6. ACCOUNT SUSPENSION

6.1. SCRYBIT may, at its sole discretion, suspend or limit access to the Client’s Account, without prior notice, in the following circumstances: (1) If you breach these Terms of Use, (2) If we have reasonable grounds to believe that your Account has been used without your authorization or in connection with a suspicious or unauthorized transaction, (3) If we determine you provide us with false and misleading information, (4) If we have reasonable grounds to believe your Account has been used in relation to a prohibited activity or transaction as per section 5 of these Terms of Use, (5) If you abuse or attempt to abuse the chargeback process offered by your bank or credit card company, (6) If funds are credited to your Account as a result of fraud or suspicion of fraud, (7) If you refuse to cooperate in an investigation or to provide adequate identity or security information or documentary evidence for verification when requested, (8) If we believe your Account has been used or allegedly used, or may be used, in, or to facilitate, any fraud, financial, or crime related activity or any other illegal activity, (9) to comply with money laundering or terrorist financing investigations or prohibitions issued by any government authorities, agencies or commissions.

6.2. Subject to section 6.3, SCRYBIT will notify you by email before closing or suspending your Account.

6.3. In certain circumstances, we may be legally prohibited from notifying you that your Account has been suspended or closed. Suspension meaning no access to the buy and sell options of the wallet. But clients will be able to transfer their assets to any other wallet provider. SCRYBIT will report the matter to the law enforcement agencies.

6.4. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party.

7. ACCOUNT CLOSURE

7.1. You have the right to close your Account and thereby terminate your agreement with us at any time by notifying our Support Team. If your Account holds a balance at the time of its closure, we will ask you to withdraw your funds. After all the funds are withdrawn, you will no longer be able to access your Account. If you want to access your transaction history after the closure of your Account, you will need to contact our Support Team and request the information. You may do so for a period of five(5) years from the date of closure of your Account.

7.2. We reserve the right to terminate this Agreement with you and subsequently close your Account by giving you one (1) months’ notice.

7.3. If the Client disagrees with the changes implemented in the Terms of Use, the Client has the right to terminate and close your Account immediately. You need to notify us that you do not agree to the changes. This will constitute notice that you wish to terminate your agreement with us, and your Account will be immediately closed upon receipt of your notice to terminate.

8. PRIVACY

8.1. By using the Account, you agree to be bound by our Privacy Policy.

8.2. You hereby explicitly consent to us accessing, retaining, and processing any information you provide to us and that we collect from you for the purposes of providing the Services to you. This does not impact our rights and obligations under Data Protection legislations. If you do not wish to have your data used in this way, you may withdraw your consent by specifically informing us of that via e-mail. If you withdraw your consent, we will no longer be able to provide you with the Services and, as a result, your Account will be closed. We will then cease to collect and use your data. However, we may continue to use your data for other legally required purposes, such as to comply with the record-keeping requirements imposed on us.

9. WARRANTIES, LIABILITIES AND DISCLAIMER

9.1. The Site is provided on an as-is and as-available basis. You agree that your use of the Site and the Services will be at your sole risk.

9.2. SCRYBIT does not make any express warranties, guaranties or conditions to the Client with respect to the Services except as set out in these terms of use, and all implied and statutory warranties and conditions, including without limitation any warranty or condition of fitness for a particular purpose are hereby expressly disclaimed except where implied or statutory warranties cannot be disclaimed by the laws of Mauritius.

9.3. SCRYBIT makes no warranties or representations about the accuracy or completeness of the Site’s content or the content of any websites linked to the Site 8

and SCRYBIT will assume no liability or responsibility for any: (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site, (3) any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the Site (5) any bugs, viruses, or the like which may be transmitted to or through the Site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Site.

9.4. SCRYBIT does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising.

9.5. SCRYBIT shall not be liable for any indirect or consequential losses including but not limited to loss of profit, loss of business, or any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, loss of data, and loss of reputation. SCRYBIT shall not be liable for any losses arising from compliance with legal and regulatory requirements.

9.6. SCRYBIT shall not be liable for any disruption or impairment of our service or for disruptions or impairments of intermediary services on which we rely for the performance of our obligations hereunder, provided that such disruption or impairment is due to abnormal and unforeseeable circumstances beyond our reasonable control, or the control of the intermediary affected.

10. INTELLECTUAL PROPERTY RIGHTS

10.1. Unless otherwise indicated, the Site is proprietary to SCRYBIT and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Mauritius, foreign jurisdictions, and international conventions.

10.2. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without SCRYBIT’s express prior written permission.

10.3. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. SCRYBIT reserves all rights, not expressly granted to you, in and to the Site, the Content and the Marks.

11. FORCE MAJEURE

11.1. SCRYBIT is not responsible for any failure to perform its obligations under this Agreement if it is prevented or delayed in performing these obligations by an event or circumstances beyond our reasonable control. Such events or circumstances include, but are not limited to earthquakes, flood, fire or other physical natural disaster, riot, interruption in internet services, power failure, failure of telecommunications infrastructure war, acts of terrorism, revolution, explosions, national strikes, government restrictions and pandemics.

12. SEVERABILITY

12.1. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.

13. WHOLE AGREEMENT

13.1. This Agreement contains our entire agreement. No warranty shall be implied or have any effect unless specifically included in this Agreement and in any changes subsequently notified or the additional conditions. Our failure to exercise or enforce any right or provision of these Terms of use shall not operate as a waiver of such right or provision.

14. GOVERNING LAW

14.1. These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of Mauritius. Any dispute arising under this Agreement will be under the sole jurisdiction of the Courts of Mauritius.