PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY TAPPING “I AGREE” (OR BY DOWNLOADING, INSTALLING, OR USING THE SOFTWARE), YOU AGREE TO BE BOUND BY THIS AGREEMENT AND BY THE SPENDTHEBITS PRIVACY POLICY, AND YOU ENTER INTO A LEGALLY BINDING AGREEMENT WITH SPENDTHEBITS. IF YOU DO NOT AGREE, DO NOT USE THE SOFTWARE.

This agreement (the “Agreement”) is made between SpendTheBits Inc. (“SpendTheBits”, “we”, “us”) and you (“You” or “Your”). Your access to and use of the SpendTheBits wallet application is governed solely by this Agreement, which supersedes any prior agreement between You and SpendTheBits. “You” includes your heirs, trustees, administrators, and other legal representatives.

SpendTheBits provides software that lets users self-custody crypto assets and stablecoins: to generate and restore a wallet on their own device, to view balances and transaction history, to send and receive supported assets across multiple blockchain networks, and to access related self-custodial features (together, the “SpendTheBits Solution”). SpendTheBits provides technology that prepares unsigned transaction context and relays device-signed transactions; it does not take custody of, and cannot move, your assets.

SpendTheBits may modify this Agreement at any time, effective on posting of an updated version. Your continued use after a change means you accept the amended Agreement. If you do not agree to a change, you must stop using the Software.

1. Definitions

“Applicable Laws” means all laws, regulations, and codes applicable to SpendTheBits and You.
“Fork” means a change to the underlying protocol of a Virtual Currency network that results in more than one version of a Virtual Currency, one or more of which may not be supported by SpendTheBits.
“Personal Information” means information about an identifiable individual, collected, used, and disclosed in the course of delivering the SpendTheBits Solution.
“Software” means the software used to provide the SpendTheBits Solution and the Wallet.
“Virtual Currency” means a cryptocurrency, digital asset, cryptoasset, stablecoin, or similar asset (for example, Bitcoin, Ether, or USDC), but not a derivative or a security as defined under Applicable Law.
“Wallet” means the wallet software published by SpendTheBits Inc. that permits you to self-custody Virtual Currency, organize network addresses, view transaction history, and transact in Virtual Currencies.
“Your Data” means any data or information submitted by You, including Personal Information.

2. Software and license

Subject to your compliance with this Agreement, SpendTheBits grants you a limited, revocable, personal, non-sublicensable, non-transferable, non-exclusive right to access and use the Software to access the SpendTheBits Solution for your own personal use, and not for resale or to provide services to third parties.

No sharing. You will maintain a single account represented by your email address, will use the Software under that single identity, and will not share your password, PIN, or recovery phrase with any other person.

Availability. SpendTheBits will use commercially reasonable efforts to maintain the security and availability of the Software, but does not guarantee any uptime, speed, or availability and may change, suspend, or discontinue any aspect of the Software at any time without notice or liability. You acknowledge that SpendTheBits only provides technology to facilitate the SpendTheBits Solution, that the Software operates from within Canada, and that SpendTheBits does not exchange or trade Virtual Currency on your behalf and has no control over who you transact with or what you transact for.

3. Your use of the Software

Access and security. You will use your real name and a valid email address, and create your own PIN and password. The SpendTheBits Solution enables app-lock protection, and you may unlock with your PIN or with device biometrics. We do not store biometric information; it stays on your device. You are solely responsible for the security and confidentiality of your PIN, password, and recovery phrase, and for all activity under your account. Notify us promptly of any unauthorized use.

Your Data. You are solely responsible for Your Data and will not provide, post, or transmit anything that (a) infringes or violates any intellectual-property, privacy, or other rights, or any law; or (b) contains viruses or harmful code.

Fees. You agree to pay any applicable fees described in the App and on our website, which we may update from time to time at our discretion. Blockchain networks and third-party protocols may also charge network (“gas”) or protocol fees that are not set by SpendTheBits.

Use restrictions

You will not, and will not attempt to:

reverse engineer, disassemble, decompile, or create derivative works from any component of the Software, except to the extent this restriction is prohibited by Applicable Law;
interfere with the operation of the Software or the networks used to operate it;
transfer your rights, or use the Software for the benefit of a third party or as a service bureau;
use the Software in any unlawful, fraudulent, infringing, harassing, or otherwise objectionable manner, or to facilitate any criminal offence, money laundering, terrorist financing, or sanctions evasion;
impersonate any person or misrepresent your affiliation, or disclose another person’s personal information without authorization; or
introduce viruses or harmful code, or otherwise burden or disrupt the Software.

4. The Wallet (self-custody)

You control your keys and your assets. When you create a Wallet, the Software generates a cryptographic private/public key pair and a recovery phrase on your device, used to send and receive supported Virtual Currency. SpendTheBits does not receive, store, or have access to your recovery phrase, private keys, PIN, or the ability to move your assets.

YOU MUST STORE, OUTSIDE OF THE SOFTWARE, A SECURE BACKUP OF YOUR RECOVERY PHRASE AND ALL WALLET CREDENTIALS. If you lose your recovery phrase, or delete and reinstall the App without your backup, you may lose access to your Virtual Currency permanently. We cannot retrieve your PIN or recovery phrase, and we are not responsible for maintaining this data on your behalf.

Unsupported assets. Do not send Virtual Currency or tokens that the Wallet does not support; they may be unrecoverable.
Risk of loss. You bear all risk of loss of your Virtual Currency. SpendTheBits is not liable for fluctuations in the value of Virtual Currency.
Irreversibility. Once submitted to a blockchain network, a transaction cannot be cancelled or reversed by SpendTheBits. Blockchain networks are decentralized and are not owned or controlled by SpendTheBits, and we cannot guarantee that a transaction will confirm or the timing of confirmation.
Forks and disruptions. In the event of a Fork or network disruption, SpendTheBits may not support the related activity, and is not responsible for any resulting loss.
Anyone with your credentials can spend your funds. Any third party who knows your recovery phrase or other credentials can dispose of the Virtual Currency in your Wallet.

5. Third-party protocols, DeFi, and cross-chain

The SpendTheBits Solution may let you access third-party, decentralized protocols (for example, yield/“earn” vaults or cross-chain bridges) directly from your self-custodied Wallet. These protocols are operated by independent third parties, not by SpendTheBits. They carry risks, including smart-contract risk, loss of funds, protocol failure, de-pegging of stablecoins, and delays. SpendTheBits does not control these protocols, does not guarantee any outcome or return, and is not responsible for any loss arising from your use of them. Nothing in the App is investment, financial, legal, or tax advice. You are solely responsible for your decisions.

6. Your warranties

You represent and warrant that: (i) you are a resident of a jurisdiction in which your use of the Software is not contrary to Applicable Laws and you are not a person or in a territory subject to applicable sanctions; (ii) any information you provide is true, accurate, and complete; (iii) you have all necessary rights to provide Your Data; and (iv) you will keep SpendTheBits’s Confidential Information in confidence. If you discover any security vulnerability, you must not disclose it to anyone except SpendTheBits at security@spendthebits.com.

7. Ownership

SpendTheBits exclusively owns all right, title, and interest in the Software, the Wallet, the SpendTheBits Solution, and all related technology, content, and marks (the “SpendTheBits Technology”). Except for the limited license granted to you, no rights are granted, and all rights are reserved. You may not use the SpendTheBits name or logos without our prior written permission. You grant SpendTheBits a royalty-free, worldwide, perpetual license to use any feedback you provide. You retain ownership of Your Data and grant SpendTheBits the licenses necessary to operate the SpendTheBits Solution, comply with law, and provide support, consistent with the Privacy Policy.

8. Term and termination

This Agreement begins when you first use the Software and continues until terminated. You may stop using the Software at any time. SpendTheBits may cease providing the Software (or any part of it) at any time without notice, and may terminate this Agreement immediately if you breach it. Because the Wallet is self-custodial, you retain control of your Virtual Currency and can recover it using your recovery phrase independently of the Software. Provisions that by their nature should survive termination (including ownership, disclaimers, indemnity, and limitation of liability) will survive.

9. Warranty disclaimer

THE SOFTWARE, THE WALLET, AND THE SPENDTHEBITS SOLUTION ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPENDTHEBITS DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE, ACCURATE, TIMELY, UNINTERRUPTED, SECURE, OR VIRUS-FREE. SPENDTHEBITS IS NOT RESPONSIBLE FOR THE CONTENT OR AVAILABILITY OF THIRD-PARTY WEBSITES, PROTOCOLS, OR RESOURCES LINKED TO OR ACCESSIBLE THROUGH THE SOFTWARE.

10. Indemnity

You agree to indemnify, defend, and hold harmless SpendTheBits and its officers, directors, agents, subsidiaries, suppliers, and employees from any claim, action, or demand arising out of or relating to your use of the Software or the SpendTheBits Solution, your violation of any law or the rights of a third party, or Your Data, including all associated damages, fees, and costs. You are not required to indemnify SpendTheBits for a claim that arises solely and directly from SpendTheBits’s material breach of this Agreement.

11. Limitation of liability

TO THE EXTENT PERMITTED BY LAW, SPENDTHEBITS’S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT, THE SOFTWARE, OR THE SPENDTHEBITS SOLUTION (UNDER ANY THEORY, INCLUDING CONTRACT OR TORT) WILL NOT EXCEED THE AMOUNTS YOU ACTUALLY PAID TO SPENDTHEBITS, IF ANY, IN THE SIX MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. IN NO EVENT WILL SPENDTHEBITS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR FOR LOST DATA, LOST PROFITS, OR LOSS OF OR INABILITY TO ACCESS VIRTUAL CURRENCY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

12. General

Governing law and venue. This Agreement is governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles. Any action arising out of or relating to this Agreement must be brought exclusively in the provincial and federal courts located in Edmonton, Alberta, and you irrevocably consent to the jurisdiction of those courts, except that SpendTheBits may seek injunctive relief in any jurisdiction. To the extent permitted by law, you agree not to bring a claim more than 12 months after it first arises.

Waiver of jury trial and class actions. To the extent permitted by law, with respect to any dispute with SpendTheBits arising out of or relating to this Agreement, you give up your right to a trial by jury and your right to participate as a member of a class in any class action.

Assignment. You may not assign this Agreement without our prior written consent. SpendTheBits may subcontract aspects of the SpendTheBits Solution to qualified third parties without relieving itself of its obligations.

Electronic communications. You consent to receive electronic communications from SpendTheBits related to the SpendTheBits Solution, and to the installation of the Software and its updates on your device. You may withdraw consent to marketing communications at any time.

Severability and waiver. If any provision is held invalid or unenforceable, the remaining provisions remain in effect. A failure to enforce a provision is not a waiver. All waivers must be in writing.

Notices. Notices to SpendTheBits may be sent to 28-655 Tamarack Rd NW, Edmonton, Alberta, Canada, T6T 0N4, or security@spendthebits.com. We may send notices to you at your account email address.

13. Questions

If you have questions about this Agreement, contact security@spendthebits.com. SpendTheBits Inc. does not store your recovery phrase, private keys, or biometric information — they remain only on your device.

Terms of Service