Terms & Conditions

These Terms of Use (may refer to "Terms") were created to govern the use of the Plark Software (hereinafter - the Software, Plark, Plark Software), which provides a way to store, use and manage, cryptocurrencies and tokens (collectively - "Digital Assets"). The​ ​following​ ​terminology​ ​applies​ ​to​ ​these​ ​Terms​ ​of​ ​Use​, ​​the Privacy​ ​Policy, ​​and​ ​any​ ​and​ ​all​ ​other​ ​agreements​ ​between​ ​you​ ​("User",​ ​"You"​ ​and​ ​"Your"​ ​refers​ ​to​ ​You,​ ​the​ ​person​ ​accessing​ Plark and​ ​accepting​ ​our​ ​Terms) and us (may refer to "We", "Our", “Ours” or "Us", collectively​ ​refers​ ​to​ ​the​ Plark Software).

Please read this Terms of Use carefully as far as it will regulate relations between You and Us in the course of Your use of the Software. By using the Plark You agree to be bound by the terms and conditions stated herein. We reserve the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline of the use of the Software, at any time and in Our sole discretion, any​ ​use of​ ​the​ ​Software ​is​ ​Your​ ​deemed​ ​ acceptance​ ​of​ ​Our​ ​Terms​ ​as​ ​they​ ​may​ ​be​ ​modified​ ​and​ ​amended from​ ​time​ ​to​ ​time. You​ ​should​ ​check​ ​back​ ​often​ ​in​ ​case​ ​Our​ ​Terms​ ​undergo changes. If You don’t accept any amendments to these Terms, please stop using the Plark Software.

You should only use the Plark if You are familiar with Digital Assets. We highly recommend to learn the basics of the Digital Assets that You plan to use with the help of Our Software before running the Plark Software.

1. Eligibility

You hereby represent and warrant that You are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms. You can use Our Software if You are not a US citizen or permanent resident of the United States and that You do not have a primary residence or domicile in the United States, including Puerto Rico, the US Virgin Islands and any other possessions of the United States.To be eligible to use Our Software, You are warranting that You are of the legal age of majority in Your jurisdiction. You further represent that You are responsible for ensuring compliance with the laws of Your jurisdiction and acknowledge that Plark is not liable for Your compliance with such laws.

2. Service Offered

The Plark is a Software complex that enables Users to access and transfer Digital Assets and monitor their current balance of Digital Assets. By using the Software, You can create the new wallet or import Your own already existing wallet.

3. Intellectual Property Rights

In consideration for Your consent to follow these Terms We grant You a personal, non-transferable, non-exclusive, royalty-free, worldwide license to use the Software for the purpose of holding and transferring the Digital Assets.

Part of the Plark Software complex can be distributed under an open source license, the text of which can be found on the following web-page on the GitHub (github.com/plark-app/plark-wallet-mobile-application). All other elements of Our Software complex, which are not mentioned under this link, in particular certain elements of the user interface and the user interface itself are proprietary and the conditions of the mentioned open source license don’t cover these elements.

Except as expressly authorized by Us, You are not allowed to modify, reverse engineer, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Plark, in whole or in part. If You violate any portion of these Terms of Use, Your permission to access and use the Software may be terminated pursuant to these Terms.

You agree not to copy, imitate, or use Our logo without Our prior written consent.

You acknowledge that all rights in and to the Barrywallet Software, including visual interface, graphics, design, text materials, compilations, computer code, software and all other elements of the Software are and shall remain Our sole property.

Except as expressly stated herein, these Terms do not grant You any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses in respect of the Software.

4. Private Key and Security

When setting up an account within Plark, You will be responsible for keeping Your own private key. We don’t store any private keys, backup phrases passwords or any other information (collectively, "Private Key Information"). The private key is only used by the Software to authorize the transfers to and from the wallet address. Private Key Information is stored locally on Your device, and is never sent to Our servers. We do not collect, process or store any confidential information about the User. It is very important that You backup Your Private Key Information. If You lose Your Private Key Information then You may permanently lose access to Your Digital Assets. Also, We cannot and will not be liable for any loss or damage arising from Your failure to comply with this section.

5. User’s Obligations

You shall:

  • be responsible for Your own Digital Assets;
  • and assume full responsibility for Your use of the Software;
  • and carefully guard Your Private Key Information;
  • and ensure that Your device(s) is/are fully updated and do/does not contain viruses, malware or otherwise malicious software.

You shall not:

  • send unauthorized commercial messages (e.g, spam) to other Users of the Software;
  • upload viruses or other malicious code;
  • bully, intimidate, or harass any User;
  • and facilitate or encourage any violations of these Terms.

6. Transactions

We are not the creator of, and does not have any control over, any of the Digital Assets that the Plark Software allows You to use. You shall be solely responsible for Your choice of and use of Digital Assets. If You are not well familiar with the peculiarities of the Digital Assets turnover, We strongly recommend You to get more information about that before starting Your usage of the Software.

All transaction with Digital Assets via Our Plark will be completed by the third party services, which We integrate with. We shall not be responsible for any consequences resulting from Your use of third party integrated services. You may be charged transaction fees (e.g. mining fees, exchange fees, etc.) associated with Digital Assets transactions that are required by the system You engage with or by other third party services. Plark shall not be responsible for any losses You incur due to transaction fees or losses that occur due to incorrectly set transaction fees (i.e. too low or high). We don’t charge any fees for any transactions performed within Plark You by You.

7. Risks

Using Digital Assets, You expressly assume and acknowledge the following risks:

  • the risk of losing access, as a result of losing Your private key, which is essential to control the Digital Assets;
  • the risk of hacking (including but not limited to malware attack, denial of service attacks etc.);
  • the risk of volatility of cryptocurrencies;
  • communication delays between Plark and third party services for a Digital Assets (and vice versa);
  • and, theft of Digital Assets.

8. No Warranty

You expressly understand and agree that Your use of the Software is at Your sole risk. The Plark is provided at no cost on an “AS IS” and “as available” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. We shall not have any liability or responsibility for any errors or omission of our Software or for any other damage You may incur in the Plark.

9. Indemnity

You agree to indemnify and hold Us, harmless from any and all claims, damages, demands, losses, suits actions and expenses (including legal fees) raised out or in connection with Your use (or misuse) of the Plark. You are responsible for any consequences resulting from Your use of third party integration services. If You require assistance with a third-party integration then You should contact that third party.

10. Limitation of liability

You assume the full responsibility for Your use of the Plark. You also acknowledge and agree that Your use of the Software is at Your own risk. Recognizing such, You understand and agree that, to the fullest extent permitted by applicable law, that We shall not be liable to You for any direct, indirect, incidental, special, exemplary, punitive or consequential damages, including lost profit. We shall not be liable for any damages or losses arising out of Your use of the Digital Assets with Our Software. In no event shall Our total liability to You in connection with these Terms for all damages, losses and causes of action exceed the amount or equivalent of 100 USD.

11. Other Provisions

These Terms constitute the entire agreement between You and Us with respect to Your use of the Plark.

We will not be liable for any delay, failure to perform any obligations under these Terms, if the delay or failure results from any cause beyond Our reasonable control.

We may assign Our rights and obligations under these Terms.

These Terms shall be governed by and interpreted in accordance with the laws of England. Any and all disputes that may arise out of the relations governed by these Terms. shall be resolved in accordance with English law.

If any provision of these Terms is found illegal, invalid or unenforceable such provisions shall be ineffective solely to the extent of such invalidity or unenforceability without affecting the validity of the remaining provisions.

12. Contacting Us

If you have any questions you can submit Your request at info@plark.io