Terms of Service
Effective Date: July 25, 2024
The following Terms of Service (“Terms of Service,” “ToS,” “Terms”) governs the usage of the services, products described below and any other services that may be offered from time to time on the website (https://shkeeper.io).
Note: The Terms of Service, together with the GNU General Public License v3.0 (https://github.com/vsys-host/shkeeper.io/blob/main/LICENSE), apply only to the “advanced” and “custom” versions of SHKeeper as described on the website (https://shkeeper.io). The “free” version of SHKeeper is provided as an open-source software under the terms of the GNU General Public License v3.0 https://github.com/vsys-host/shkeeper.io/blob/main/LICENSE).
Definition of terms you can expect in the Terms of Services:The following terms can be found when reading the Terms of Service and the website:
“SHKeeper” (also referred to as “the Software”) - a software that allows SHKeeper Operators to process cryptocurrency transactions independently on their own or any third-party servers while providing full access to the source code under an open-source license. Once deployed, the software operates independently and does not require any third-party access for ongoing operation;
“SHKeeper Operator” (also referred to as “User”, “You”, “Your”) – an individual (a physical person) or a legal entity, incorporated in an appropriate legal form, that has downloaded the Software, either the paid or free version, and installed it on his/her servers independently or with third-party assistance, use the Software, and is not prohibited to do so;
“Cryptocurrency” - a digital or virtual currency that uses cryptography for security. It operates independently of a central bank and utilizes decentralized technology, typically a blockchain, to record and verify transactions. Cryptocurrencies are characterized by their decentralized control, limited supply, and the ability to enable peer-to-peer transactions without the need for intermediaries.
“Supported Cryptocurrency” - only those particular Cryptocurrency specified as supported on the website (https://shkeeper.io).
“Digital Wallet” - a device, program, tool or service that stores public and/or private keys for cryptocurrency transactions that allows Users to store, manage, and conduct transactions with the Supported Cryptocurrency. In addition to this basic function, a crypto wallet often also provides encryption and/or the use of digital signatures.
“Network fee” – a commission or other costs required to process transactions on a blockchain network.
“User fee” - a commission or any other costs set by the SHKeeper Operator within the SHKeeper interface.
“Services cost” - a fee charged by the Vendor for its Integration Services and/or Support Services, and/or Additional Services. Any Services cost will be outlined in a separate agreement between the Vendor and the User and depend on the paid or free version of the Software.
“Vendor” (also referred to as the “Antarix Sp. z o.o.", "We","Us" or "Our") - the core developer of the Software and the SHKeeper trademark owner, a company incorporated in Poland, with a registered address at: Poland, 00-867 Warszawa, al. Jana Pawła II 27, which provides You with Integration, Support, and Additional Services.
“Integration Services” - the professional services provided by the Vendor to assist You in the installation, configuration, and customization of the Software on the User's servers or any third-party servers.
“Support Services” - the technical assistance and maintenance services provided by the Vendor for the Software.
“Additional Services” - any supplementary services offered by the Vendor that go beyond the Integration Services and Support Services.
- Acceptance of Terms: If You do not agree with these Terms, You may not access or use the website and any services, the Software provided on the website. All information services and the Software provided on the website are provided on a strictly "as-is" basis without any warranty whatsoever. Please leave the website and do not use the services and the Software if you do not agree with the terms and conditions laid down below.
- Modification of Terms: We reserve the right to modify these Terms at any time. All changes will be effective immediately upon posting on our website. Your continued use of the services and the Software after any changes indicates your acceptance of the modified Terms.
- Services:
- The following services are provided on the website (collectively – “the Services”):
- Integration Services
- Support Services
- Additional Services
- Integration Services:
- API Integration: SHKeeper includes an Application Programming Interface (API) to facilitate integration with various systems. The Vendor offers API documentation for the User/User’s developers or develop integration modules for platforms such as WooCommerce, WHMCS, PrestaShop, OpenCart, and Magento, etc. Integration with custom systems must be performed by Your developers using the provided API documentation. The detailed terms and conditions of the API Integration will be agreed upon with You separately according to the specification.
- Additional Coin Integration: Integration of cryptocurrencies not included in our development roadmap can be arranged for an additional fee, subject to mutual agreement with You.
- Integration Timeframe:
- Standard Completion Time: We aim to complete the integration of SHKeeper within five(5) working days upon receipt of payment of the Services cost and necessary server access credentials if no other time frame is mutually agreed upon with You. Integration time may be extended due to the need for blockchain synchronization, which is inherent to the functionality of SHKeeper.
- Post-Integration Customization: Any further development or customization requested post-integration will be subject to separate timelines based on the complexity of the requirements and will be subject to a separate agreement with you.
- Support Services:
- Included Support: Upon purchasing Integration Services, You are entitled to 1 (one) year of support, which includes, if needed: access to comprehensive documentation; assistance with server reinstallations upon request; bug fixing and troubleshooting.
- Your Responsibility:
- You are solely responsible for maintaining the confidentiality and security of all passwords, encryption keys, and other security credentials (collectively, “Security Credentials”). You shall ensure that your Security Credentials are stored securely and not shared with unauthorized persons.
- Support Access: In the event You require our Integration, Support and Additional Services and the responsible support specialist necessitates access to administrative Security Credentials, You may grant our technical support specialist temporary access to the necessary Security Credentials only with Your prior approval. Prior to granting such approval and access, You are responsible for ensuring that all sensitive information, financial assets, and other valuable items are adequately secured and protected.
- Authorization and Liability: By authorizing our technical support specialist to access the Security Credentials for Integration, Support and Additional Services purposes, You acknowledge and agree that neither we nor our technical support specialist shall be held liable for any loss or damage arising from such access, including, but not limited to, data breaches, unauthorized transactions, or any other form of loss. You assume full responsibility for any consequences resulting from the authorized access by our technical support specialist.
- Post-Support Security: You are responsible for changing all passwords, encryption keys, and other security credentials that were provided to our technical support specialist. You must ensure that these credentials are updated to maintain the security and integrity of their account and services.
- The following services are provided on the website (collectively – “the Services”):
- Fees and Charges: once the SHKeeper Operator downloads the Software, either the paid or free version, and installs it on his/her servers independently or with third-party assistance, the SHKeeper Operator becomes responsible for all fees and charges applicable to the Software usage and operation. The following fees apply: Network Fee: The Network fee is paid to the blockchain network, which distributes it among miners or validators to verify and add transactions to the blockchain. For some blockchains, this fee can be set; for others, it cannot. If the Network fee can be set, it is configured by the SHKeeper Operator depending on the blockchain by changing values in the code or configuration files (as of the time of publishing this ToS). If the Network fee cannot be set, its amount varies based on the network itself and the network’s current demand. User Fee: User fee values could be added to the invoice amount by the SHKeeper Operator and will be credited to the SHKeeper Operator who set them. The Vendor itself does not charge any Network or User fees. The SHKeeper Operator is responsible for managing and paying the aforementioned fees, ensuring they are correctly configured and applied during the use of the Software.
- License and Use of the Software:
- Compliance with the License: SHKeeper is provided under the GNU General Public License v3.0 as specified in the GitHub repository (https://github.com/vsys-host/shkeeper.io/blob/main/LICENSE) (hereinafter – “the License”). You agree to comply with the terms of the License when using the Software.
- Contributions: Any contributions You make to the SHKeeper project must comply with the terms of the License. By contributing, You grant core developers of the Software and all other contributors and users of the Software (collectively – “the Community”) the rights to use, modify, and distribute Your contributions under the License.
- License Grant: Subject to these Terms and the License, You are granted to use the Software for your personal or internal business purposes. You agree to comply with the terms of the License when using SHKeeper, including any requirements for attribution and sharing modifications.
- User Restrictions: You agree not to:
- Use SHKeeper in any unlawful manner or for any unlawful purpose;
- Use SHKeeper in any other way except as permitted by the License;
- Use the SHKeeper trademark without explicit authorization from the Vendor;
- Misrepresent the origin of the Software or imply any affiliation to the Software.
- Trademark: SHKeeper is a registered trademark owned by the Vendor. Unauthorized use of the SHKeeper trademark is strictly prohibited and may result in legal action.
- Risks and Responsibility:
- Users assume full responsibility for all risks associated with the use of the Software.
These may include:
- Theft or loss due to negligence;
- Lack of collateralization of cryptocurrency;
- Cyber security risks;
- Cryptocurrency fraud;
- Lack of consumer protection;
- High volatility;
- Currency regulation;
- Taxation of virtual currencies.
- Users assume full responsibility for all risks associated with the use of the Software.
These may include:
- Ownership. Title to Supported Cryptocurrencies shall at all times remain with You. As the owner of the Supported Cryptocurrencies in your Digital Wallet, You shall bear all risk of loss of such Supported Cryptocurrencies. Vendor shall have no liability for Supported Cryptocurrencies fluctuations or loss. None of the Supported Cryptocurrencies in your Digital Wallet are the property of or shall or may be loaned to the Vendor. The Vendor may not grant a security interest in the Supported Cryptocurrencies held in your Digital Wallet.
- Limitation of Liability:
- Disclaimer of Warranties: To the fullest extent permitted by law, the Software is provided “as is” and “as available”, without any warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
- Limitation of Damages: In no event shall the Vendor be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, arising from: (i) Your use or inability to use the Software, the Services; (ii) any unauthorized access to or use of the Software and/or any personal information stored therein; (iii) Your failure to maintain the security and confidentiality of security credentials, any unauthorized access or use of your security credentials, or any authorized access to your security credentials pursuant to Your request for Integration, Support and Additional Services; (iv) any errors or omissions in the Software.
- Indemnification: You agree to indemnify, defend, and hold harmless the Vendor, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Software, the Services, violation of these Terms, arising out of or in any way connected with the unauthorized use or disclosure of Security Credentials, whether by You or any third party and/or infringement by You or any third party using the Software of any intellectual property or other rights of any person or entity.
- Force Majeure: the Vendor shall not be liable for delays, failure in performance or interruption of the Services which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, significant market volatility, act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, pandemic, other catastrophe or any other occurrence which is beyond reasonable control and shall not affect the validity and enforceability of any remaining provisions.
- Website Accuracy: although we intend to provide accurate and timely information on the website, the website (including, without limitation, the content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the website are your sole responsibility and we shall have no liability for such decisions. Information provided by third parties is for informational purposes only and makes no representations or warranties to its accuracy. You also acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third-party sites accessible or linked to the website.
- Governing Law: these Terms shall be governed by the laws of Poland, without regard to its choice of law principles. Any dispute arising out of these Terms shall be resolved through negotiations between the Parties. If it is impossible to resolve these disputes and controversies through negotiations, any disputes arising out of or related to this agreement shall be finally settled under the Arbitration Rules of the Court of Arbitration at the Polish Chamber of Commerce in Warsaw in force on the date of commencement of the proceeding by an arbitrator or arbitrators appointed in accordance with the said Rules.
- Changes to these Terms: we reserve the right to modify these Terms at any time. The most current version of the Terms will be posted on the website. By continuing to use the Software and the Services after changes are posted, you agree to be bound by the revised Terms.
- Miscellaneous:
- Entire Agreement: these Terms together with the License constitute the entire agreement between you and us regarding the use of the Software and the Services and supersede any prior agreements between You and us relating to such use.
- Severability: if any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
- Waiver: our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
- Assignment: You may not assign or transfer these Terms, or any rights or obligations under them, without our prior written consent. We may assign these Terms without restriction.
- Termination:
- Termination by Vendor: The Vendor reserves the right to terminate the Services provided under these Terms of Service at any time and for any reason, including but not limited to a breach of these Terms by the SHKeeper Operator. Termination of Services by the Vendor will be effective immediately upon notice to the SHKeeper Operator.
- Effect of Termination: Upon termination of Services by the Vendor:
- The SHKeeper Operator will retain possession of the Software, which will continue to be licensed under the terms of the GNU General Public License v3.0 as specified in the GitHub repository (https://github.com/vsys-host/shkeeper.io/blob/main/LICENSE).
- All Integration Services, Support Services, and Additional Services provided by the Vendor will be terminated.
- The Vendor will have no further obligation to provide any services, updates, or support to the SHKeeper Operator.
- Termination by SHKeeper Operator: The SHKeeper Operator may terminate his/her use of the Services
at any time by providing written notice to the Vendor. Upon such termination:
- The SHKeeper Operator will remain bound by the terms of the GNU General Public License v3.0 regarding the Software.
- The Vendor will cease to provide any Integration Services, Support Services, and Additional Services.
- Survival: The following provisions of these Terms shall survive termination: Section 5, Section 6, Section 7, Section 8, Section 9, Section 10, Section 12 and this Section 15.
- No Refunds: Termination of the Services, whether by the Vendor or the SHKeeper Operator, will not entitle the SHKeeper Operator to any refund of fees paid for any Integration Services, Support Services, or Additional Services rendered up to the date of termination.
- Notice of Termination: Any notice of termination must be in writing and delivered to the email
address of the Vendor.
By continuing to use SHKeeper, you acknowledge that you have read, understood, and agree to be bound by these Terms, including the provisions regarding termination of the Services.
- Contact Information: if you have any questions about these Terms, please contact us at: support@antarix.net