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Termos e Condições Cuvex

Version 20240321

These Terms of Use, together with any other legal terms or technical requirements communicated to you, govern your access to and use of the Cuvex products and services (collectively, the “Products and Services”). By registering a Customer Account or accessing or using any of the Products and Services, you (“you”, or “Customer”) and SEMILLA3 LLC, 2093 Philadelphia Pike #7574 Claymont, DE 19703, New Castle  County Delaware (USA) EIN: 35-2834903 (“Cuvex”, “we”, “us”, or “our”) are entering into a legally binding contract and you agree to abide by this Agreement.

These Terms of Use govern certain rules you should follow when using your Cuvex Device. 

Besides these Terms of Use you should always follow the detailed User Manual available on our E-commerce Store. Please be aware that in the package with your Cuvex Device we may include only an abbreviated version of the User Manual or a link to navigate you to our E-commerce Store and to help you with the initial steps of your Cuvex Device initialization.

These Terms of Use and the User Manual constitute the main source of information and rules you should follow when using the Cuvex Device. In case of any discrepancies between these Terms of Use and the User Manual, these Terms of Use shall always prevail These Terms of Use as well as the Cuvex User Manual are subject to change and/or amendments. We therefore strongly recommend downloading their current version and keeping it for future reference

1. DEFINITIONS

1.1.  "Cuvex” or “we” refers to the commercial company SEMILLA3 LLC, with its registered office at SEMILLA3 LLC, 2093 Philadelphia Pike #7574 Claymont, DE 19703, New Castle  County Delaware (USA) EIN: 35-2834903.

1.2.  “User” or “you” refers to anyone using our Cuvex Device.

1.3.  “Cuvex Device” refers to any electronic device designed and manufactured by Cuvex, with capacity for the storage of private and secret keys, as well as with the ability to cold hardware encryption without internet connection.

1.4.  “NFC Card” refers to a card offered by us to your usage with an NFC data transmission capability that stores your private data.

1.5.  “E-commerce Store” refers to the official Cuvex website https://cuvex.io/ and any subdomains thereof including but not limited to https://store.cuvex.io/  and https://seedphraserecovery.com

1.6.  “Cuvex App” refers to the mobile phone application that provides firmware updates to the Cuvex Device.

1.7.  “Cuvex Device User Manual” or “User Manual” refers to a user manual with the instructions on how to use the Cuvex Device, accessible on the E-commerce Store.

1.8.  “Customer Account” refers to an account you have registered on the E-commerce Store that grants you access to services provided via the E-commerce Store.

2. CUVEX DEVICE

2.1.  When we ship out a Cuvex Device, we package it in a way that you can reasonably ascertain by a physical inspection of the packaging whether the Cuvex Device has been tampered with, including but not limited to tamper-proof stickers, tags etc. By offering the Cuvex Device, we place utmost importance in the Cuvex Device’s security and can guarantee it only in case you order a product from us directly. You acknowledge that these Terms of Use apply to the usage of the Cuvex Device only if you have ordered it from us and before using it, have ascertained that it has not been tampered with. If you buy and receive a Cuvex Device from us and find that it has been tampered with, before using the device you agree to contact us via the contact information available under the contact tab in the E-commerce Store.

2.2.  The Cuvex Device is intended to be used “as is” at the time of purchase. If you choose to open, dismantle, modify, rebuild, re-manufacture or otherwise manually tamper with the Cuvex Device, you acknowledge that you will do so at your own risk and you are solely responsible for any damage and harm incurred afterwards, including but not limited to harm to the Cuvex Device itself.

2.3.  When using the Cuvex Device, you should always follow the User Manual. Besides other rules and recommendations set out in the User Manual, adhere to the following rules:

-  Keep the Cuvex Device and its accessories dry. If the Cuvex Device gets wet for any reason, never attempt to dry it with any external heat source such as a hair dryer or an oven.

-  Do not expose the Cuvex Device to any source of extreme heat and/or extreme cold.

-  To clean the Cuvex Device use a dry cloth only. Do not use any water, chemical detergent, alcohol, powder or any other substances to clean the Cuvex Device and its accessories. Unplug the Cuvex Device from a power charger before attempting to clean it. Do not attempt to clean connectors.

-  If the Cuvex Device is broken, stop using it immediately. You should always contact our support staff or a certified retailer of the Cuvex Device from which you have purchased the product. Do not attempt to take apart, open, service or otherwise repair the Cuvex Device alone.

-  Do not attempt to permanently connect the Cuvex Device with other hardware.

-  Keep the small parts such as accessories of the Cuvex Device away from children under three years old as there is a choking hazard.

-  Use only accessories (such as NFC Cards) provided/specified by us.

2.4.  It is important to follow the above-mentioned rules as well as any other rules set out herein and/or in the User Manual. In the event of any violation, we cannot assume any liability for damage and harm incurred by you thereafter; in particular, when the damage or harm is incurred by you as a consequence of such violation.

2.5.  If you violate any rules of the Cuvex Device use, you may lose your warranty, or your warranty may be limited.

3. THIRD-PARTY PRODUCTS AND SERVICES

3.1.  We use our best effort to make the Cuvex Device compatible with any third-party firmware, software or services. Nevertheless, nothing contained herein or in the User Manual shall constitute any solicitation, recommendation or endorsement to encourage you using the Cuvex Device in such manner and we do not and may not assume a liability for any damage or harm that you incur when using the Cuvex Device therewith.

3.2.  Without prejudice to the above mentioned, we provide you with some basic guidelines to follow when using the Cuvex Device with the third-party firmware, software or services to mitigate common possible risks. However, all the provided guidelines are for information purposes only, and are not intended to provide, and should not be relied on for, any professional advice.

3.3.  If you, at your sole responsibility and risk, decide to use the Cuvex Device therewith, you acknowledge that using the third-party firmware, software or services may be subject to terms and conditions issued by such third-party and you undertake to make yourself familiar with them before attempting to use the Cuvex Device in this manner.

3.4.  Furthermore, you acknowledge that third-party services may be interrupted or terminated at any time and we do not guarantee availability of any third-party content or service and may not be liable for any lack thereof. We are furthermore not responsible for legality, quality or any other aspect of the services provided by the third party. Finally, you are solely liable for any damage or harm incurred as a consequence of any incompatibility between the Cuvex Device and the third-party service.

3.5.  This section of the Terms applies also in the event you decide to create and use your own custom-built firmware, software or service.

4. FIRMWARE UPDATES

4.1.  The User is responsible for updating the firmware of the Cuvex Device via the Cuvex App (compatible with Android and iOS mobile operating systems). Running the Cuvex Device on an older version of firmware is at the user’s own risk. The User acknowledges that failure to update the firmware may result in reduced functionality, security vulnerabilities, or other issues.

4.2.  The User must ensure that all conditions are suitable for the firmware update, including, but not limited to, ensuring a stable internet connection.

5. PURPOSE OF PRODUCT

5.1.  The Cuvex Device is designed and intended for the specific purposes of Encrypting, Decrypting, and Cloning NFC Cards. The User acknowledges and agrees that any use of the Cuvex Device for purposes other than those specifically enumerated herein shall be at the User’s sole risk and liability.

6. NFC CARDS

6.1.  In the event that an NFC Card is damaged or broken, the User acknowledges and agrees to not use that NFC Card with the Cuvex Device any further. Using the broken or damaged NFC Card is at the User’s own risk and Cuvex is not responsible for any damages resulting from such usage.

6.2.  The User acknowledges and agrees that the use of NFC cards manufactured by any entity other than Cuvex is at the User’s own risk. Cuvex strongly recommends against the use of such cards and shall not be liable for any damages or losses arising from the use of such cards.

6.3.  The User acknowledges and agrees that the NFC Card has an expected lifetime of 15 000 readings or 8 years. Using the NFC Card after the expiry of its expected lifetime is solely at the User’s own risk. The User understands that in order to minimize the occurrence of loss of data, they need to proactively obtain and start using new NFC Cards before the expiry of the NFC Cards’ expected lifetime.

6.4.  The Parties hereby acknowledge and agree that the NFC Card, once issued, is unique and non-replaceable. In the event that the User misplaces, loses, or otherwise cannot access the NFC Card, the Cuvex shall bear no responsibility or obligation to replace the NFC Card.

6.5.  Furthermore, Cuvex shall not be held liable for any loss, damage, or detriment suffered by the User as a result of the loss or misuse of the NFC Card, including but not limited to the loss of cryptocurrency assets or any other data stored on the NFC Card. The User acknowledges that they bear the sole responsibility for safeguarding the NFC Card and maintaining the confidentiality of any credentials, information, or assets associated with the NFC Card.

6.6.  The User is strongly encouraged to take all necessary precautions to ensure the secure storage and handling of the NFC Card, recognizing the irreplaceable nature of the card and the consequential risks associated with its loss. The User agrees to indemnify and hold Cuvex harmless from any claims, damages, liabilities, or losses arising out of or in connection with the loss of the NFC Card.

6.7.  The User acknowledges and agrees that they have been given full and sufficient notice of this limitation of liability and that they accept and agree to this clause as a reasonable allocation of risk.

7. LIABILITY

7.1.  All Cuvex Devices are provided on an “as is” and “as available” basis without warranties of any kind. We disclaim all warranties, including warranties of non-infringement, marketability and fitness for a particular purpose. We shall not be liable for any pecuniary damages, loss of profits, cost of substitute goods or services, loss of data, loss of goodwill, work stoppage, computer and/or device or technology failure or malfunction, or for any form of direct or indirect damages, legal action whatsoever related to any Cuvex Device, any technology used by us or related parties. You agree that we have no liability or responsibility for any breach of security unless it is due to our gross negligence. If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law.

7.2.  You expressly agree that your use of, or inability to use the NFC Cards is at your sole risk. Cuvex shall not be liable for:

-  damages occurring from negligence in the lack of custody or maintenance of the NFC Cards;

-  any visible or non-visible damage or radiation on the NFC Cards that has occurred after the User has received the NFC Cards from Cuvex;

-  malfunction, failure, or non-performance of the NFC cards;

-  deterioration of the NFC Cards caused by natural phenomena, including but not limited to solar storms, solar radiation.

-  damages arising from unauthorized access to or use of the NFC Cards;

-  loss of data occurred from expiration of the expected lifetime of the NFC Cards; or

-  loss of data caused by any breach of security or data breach involving the NFC Cards.

7.3.  Notwithstanding the provision above, our total aggregate liability shall not exceed the purchase price of the Cuvex Device paid directly by you to us for the applicable Cuvex Device.

8. WARRANTIES AND REPRESENTATIONS

8.1.  You warrant and represent that:

-  you have the legal capacity to accept these Terms;

-  you are not accepting these Terms on behalf of any third party;

-  you will not violate any applicable laws by accepting these Terms or receiving the Cuvex Device provided under it;

-  you are not in breach of any applicable international export controls and/or economic sanctions requirements;

-  the information and documents you provided to us is true, complete, accurate, up to date and is provided in good faith;

-  you understand and acknowledge we can not always warrant and guarantee the NFC Cards.

8.2.  WE PROVIDE A PRODUCT TO SECURELY STORE DATA. WE ARE NOT A BROKER, FINANCIAL INSTITUTION, EXCHANGE, GENERAL PURPOSE CRYPTOCURRENCY WALLET, OR CREDITOR. THE PRODUCT IS ONLY FOR STORING DATA. WE DO NOT FACILITATE TRANSACTIONS BETWEEN ANY PARTIES, NOR ARE WE A PARTY TO ANY AGREEMENT REGARDING SALE, TRANSFER OR OTHERWISE INVOLVING CRYPTO ASSETS.

9. LAW AND JURISTICTION

9.1.  You agree that the laws of the United States of America will apply to these Terms and any dispute of any sort that might arise between you and Cuvex, without regard to the conflict of laws provisions. 

9.2.  If a dispute arises between you and us, you are strongly encouraged to first contact us directly to seek a resolution. In case of failure to settle any dispute through negotiations, any disputes which may arise out of or in connection with this Agreement shall be settled in the Delaware State Court.

9.3.  If you are a consumer under the applicable law, the above mentioned jurisdiction applies only in the case we cannot ascertain your location of residence at the time of submitting a claim. The Consumer Disputes Committee is authorized to resolve disputes arising from contracts entered into between purchasers and sellers that the parties have failed to resolve by way of negotiations. 

9.4.  Consumers are also entitled to address the Consumer Protection and Technical Regulatory Authority. In order to resolve disputes, you, as a private customer, may address the Consumer Disputes Committee.

9.5.  You agree to notify us of any disputes arising out of or in connection with these Terms without undue delay. You furthermore undertake to attempt out-of-court resolution of any disputes before you bring your claims to the above-mentioned courts.

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