1. Background

(1.1 What - 1.2 How - 1.3 Who)

1.1 What: Jaxx Liberty is non-custodial blockchain software for people. Its tools help users interact with third-party blockchain coins, tokens, and cryptocurrencies (together, "digital assets"), and organize information about them.

Software should help protect human rights, like privacy. Jaxx Liberty is designed to respect your privacy. We avoid collecting personal information. We have no access to your 12-word mnemonic phrase or the private keys derived from it. That means we can't help recover them if lost, so install your mnemonic phrase on a second device. At the very least, write it down.

1.2 How: You can use Jaxx Liberty software, services, and support at no charge, as long as you abide by these terms. You're free to terminate the agreement by stopping to use Jaxx Liberty; we're free to stop providing it.

Our agreement doesn't apply to third-party information, including the news headlines Jaxx Liberty integrates, market rates and data we include, and external services to which we help you connect. Nor does this agreement cover your relationship with the digital assets with which Jaxx Liberty lets you interact -- but which Decentral neither created nor can influence. Third parties apply their own terms and policies. Review them.

1.3 Who: We're Decentral Inc. (decentral.ca), a Canadian corporation (info@jaxx.io; P.O. Box P. O. Box 292, Station B, Toronto ON, M5T 2W2), which makes and maintains the Jaxx Liberty software, and can assign it only to someone who takes over the software or our company.

You're at least 18 years old, at least the age of majority where you reside, and control or own the device running Jaxx Liberty. No Canadian or U.S. governments has embargoed, designated as "terrorist supporting", or prohibited or restricted you or the place you live. You can't assign the agreement to anyone.

This agreement is between you and us: it binds no one else. The app store or other download intermediary where you obtained Jaxx Liberty does have the right to enforce this agreement's terms as a third-party beneficiary. But no download intermediary has any responsibility for Jaxx Liberty -- not its content, not its maintenance or support, not product liability or consumer law or regulatory compliance, not intellectual property infringement.

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2. Privacy

(2.1 Approach - 2.2 Collection - 2.3 Retention - 2.4 Permissions)

2.1 Pro-privacy approach: The best way to respect your privacy is to avoid snooping. Our pro-privacy stance requires us to avoid collecting or exposing, “personal information”: anything that could identify you, whether on its own or when combined with other information. Your mnemonic phrase is stored, and your private keys derived, on your device only. We can’t access them. You can always take them elsewhere. You’re never locked into Jaxx Liberty.

Decentral is exposed to the limited personal information from Jaxx Liberty users described below. But we: avoid retaining personal information we’re exposed to; minimize the identifiers we have to generate; and will provide and erase any holdings on request: legal@jaxx.io. We bind our staff and seek to bind every relevant contractor to confidentiality agreements. We use only encrypted connections between our own servers, and insist on them with third-party servers.

2.2. Limiting what we collect: Jaxx Liberty has no accounts, because your mnemonic phrase and private keys are none of our business. But Jaxx Liberty does (i) undertake pseudonymous metrics collection; (ii) provide user support; (iii) derive a persistent “Unity” blockchain address from your mnemonic, and allow you to pair it with an optional “myJAXX” display name and email address.

  • Pseudonymous metrics are generated by collecting four types of information, and retaining them – linked together – until the end of the calendar month. The four types of information are: when you first installed Jaxx Liberty on your device; the operating system you’re running it on; the country to which we think your Internet Protocol address resolves; and when you clicked on each Jaxx Liberty module. We retain these data till the end of each calendar month, aggregate them to generate monthly statistics, then discard them completely. They’re never retained for more than 31 days.

  • User support is run separately from the Jaxx Liberty systems, therefore decoupled from pseudonymous metrics. Providing personal information within user support – like an email address – exposes it to a third party bound contractually to respect your privacy.

  • Unity address, a persistent pseudonym, is decoupled from your Internet Protocol address, blockchain activity, and device information. We can’t deduce your mnemonic phrase from it, don’t have information about whose it is, don’t expose it outside our systems, and don’t currently collect it. But if you opt in to myJAXX by entering a display name and email address – giving us a way to provide you with updates and interact with your display name for future in-app gamification – then we link your Unity address with these, which we retain. You can always withdraw consent for email subscriptions by clicking on the link at the bottom of the email.

2.3. Minimizing what we retain: Using the Internet means leaking personal information. When your Jaxx Liberty establishes an encrypted connection to our AWS-hosted virtual servers, your: Internet Protocol address, device type, operating system language, and monthly-discarded client information (install date, operating system, perceived country, module clicks) are logged.

We parse each log; increment relevant non-personal statistics counters, including within monthly-discarded client information; and delete the raw log within 24 hours. But there are three circumstances where we’re required to go beyond that:

  • We’re not able to offer Jaxx Liberty in every region, so we first check whether your IP address is associated with somewhere we can’t offer service. It’s an inexact science.

  • We’re not allowed to relay transactions if they include blockchain addresses designated by lawful authorities, so we check each transaction against mandated blocklists.

  • We may have been legally compelled to preserve the log. Where we can, we’ll say when.

We don’t provide the limited personal information we do have to anyone unless legally compelled and, to the extent we’re allowed and it’s possible, we notify the affected parties.

2.4. App permissions: Jaxx Liberty’s mobile editions seek camera permissions. This is to read a QR code, and store it on-device, in order to pair another Jaxx Liberty instance or scan a blockchain address. Jaxx Liberty uses those permissions carefully: it uses the camera only for those purposes and only at your prompting, and never sends anything off-device.

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3. Obligations

(3.1 Take responsibility - 3.2 Act prudently - 3.3 Play nicely - 3.4 Respect others' work)

3.1. Take Responsibility: We can provide Jaxx Liberty because you take responsibility for what you do with it. So the following are fundamental to our agreement:

a) We can't recover your mnemonic phrase. We have no access to it. If you don't install it on a second device, or keep a physical copy in a safe place, you may lose access to your digital assets forever. Don't do that.

b) Decentral isn't liable for any loss or damage that result from providing you with Jaxx Liberty software, services, and support. Nor shall our liability to you exceed, under any circumstances, the greater of the Canadian dollar value of 0.01 bitcoins, and C$50.

c) You indemnify Decentral against any claims, damages, losses, and legal fees incurred due to your use of Jaxx Liberty, including support services. If someone sues us about what you do, you pay.

3.2. Act Prudently: Decentral doesn't create, and has no control over, digital assets you interact with through Jaxx Liberty -- so it's up to you to interact with them prudently by doing these three things.

a) Learn the basics about digital assets you're considering interacting with. Search for them online. Vet them carefully. Find someone who knows more; ask them.

b) Your mnemonic phrase, private keys, and passwords live only on-device. Losing them is no harder than dropping your phone in a lake, experiencing a bad software update, or other events of modern digital life -- and networks, devices, and software environments are rife with viruses and malware. Back up to a safe, private place, or install on another device. Secure them. Learn about improving your online safety.

c) Even if you delete Jaxx Liberty software from a device, data may remain behind -- like on a shared device or public computer. Take care where you install Jaxx Liberty, and extra care to eradicate every trace when you delete it.

3.3. Play Nicely: Decentral has a strong commitment to user autonomy. But there are some things either Jaxx isn't designed to support, or Decentral isn't allowed to. You agree not to:

a) use Jaxx Liberty in a way likely to interfere with other users or servers, such as excessive API calls, network spam, or rewards faucets; or

b) use Jaxx Liberty in a manner contrary to laws -- of Canada, and where you live.

Do ensure your transactions with a digital asset conform to its rules, especially with smart contract systems.

3.4. Respect Others’ Work: Jaxx Liberty is made up of intellectual property held by Decentral, like copyright in Jaxx Liberty's code and in our text, images, and sounds; and trademarks in the distinctive words, symbols, and designs that identify Decentral and Jaxx.

We licence Jaxx Liberty to you, royalty-free, on a non-exclusive, worldwide, but personal and non-transferable basis. We don't licence the right to re-distribute Jaxx Liberty, modify its code, or use its content or Decentral's trademarks in other software or projects. Those require Decentral's written permission first.

You may, yourself, choose to give us feedback. We'll assume you've allowed us to use and keep your feedback, incorporate it, and hold a non-exclusive perpetual licence in it without royalty or obligation.

Third parties provide information, software libraries, and services that Jaxx Liberty uses or is partly built on. We assert no copyright in the RSS feeds we pass through, market data we parse, or third-party software libraries. Please refer to and respect relevant third-party licenses.

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4. Constraints

(4.1 No guarantees - 4.2 Moving parts - 4.3 Blockchain interaction)

4.1. No Guarantees: Jaxx Liberty software, services, and support are provided at no cost, as is and, to the greatest extent laws allow, without any warranty at all. We don't warrant Jaxx Liberty is of merchantable quality or fit for your purpose, even if you've notified us of the purpose. Nor can we warrant that Jaxx Liberty is bug-free: bugs are inevitable. We work hard to rank and squash them.

4.2. Moving Parts: Using software to interact with digital assets is risky. It depends on a complex chain of moving parts working together, and working properly.

For instance, your connectivity, hardware, cloud or local software, or operating system (mobile or desktop) may fail or prove incompatible with each other, or with a version of Jaxx Liberty. Your backup software may upload your private files or information to third-party services. Malware, viruses, or other malicious software on your device may interfere with your Jaxx Liberty install. Communication delays may creep in between your Jaxx Liberty and a node or relay service for a digital asset.

We've described basic steps we expect you to take to act prudently, and set out the extent of our liability and your indemnity to us. For the same reasons, we can't be liable to you for, and disclaim the risks involved in, moving parts like those listed here. It's provided on a best-efforts basis. You get what you pay for.

4.3. Blockchain Interaction: Jaxx Liberty provides functions for sending digital assets' transfer instructions. Jaxx Liberty doesn't control the blockchains to which the instructions are sent: the only authentic transaction record is the blockchain.

We can't guarantee transfer instructions will be acted on and your transactions stored on a blockchain -- nor that, once stored, they remain there. Many blockchain networks require transaction fees, like mining fees, which if set too low or high may result in your incurring losses. We can't be responsible for these.

Jaxx Liberty's market information reflects a point in time for underlying data fluctuating constantly. Sending transfer instructions involves a longer period: the data values reflected in your transactions will differ accordingly. We're not responsible for that difference.

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5. Interpretation

(5.1 Enforcing selectively - 5.2 Dispute resolution - 5.3 Nailing down our agreement)

5.1. Enforcing Selectively: Failing to assert a right under this agreement doesn't waive the right to assert another right, or the same right, next time.

5.2. Dispute Resolution: Other than conflicts of law principles, this agreement is governed by the laws applicable in Toronto, Ontario, Canada, to whose courts we both agree to submit disputes we haven't been able to resolve between us. The Convention for the International Sale of Goods doesn't apply.

5.3. Nailing Down our Agreement: This is the whole agreement between you and Decentral. We'll push any updates to Jaxx Liberty, identify them in release notes, show the change date, and archive the previous version online. Unless the change is immaterial or to your clear advantage, we'll propose it 30 days in advance, so you have time to reject the change by ceasing use.

This agreement supersedes any other agreement or representation, however communicated, and can be amended only if both parties agree, in writing, with copy to legal@decentral.ca. Where we provide this agreement in more than one language and they don't precisely agree, the English-language version takes precedent. Les parties aux présentes conviennent que cette entente soit rédigée en anglais.

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