Terms of Service

General terms of service

Updated 01 June 2020

This website is operated by Shift Crypto AG. Throughout the site, the terms "we", "us" and "our" refer to Shift Crypto AG. Shift Crypto AG offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Online Store Items

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province or country of residence, or that you are the age of majority in your state or province or country of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

A breach or violation of any of the Terms will result in an immediate termination of your Services.

General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Modifications to the Service and Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We reserve the right at any time to cancel a BitBoxCare purchase for any reason. If we do so the full price of BitBoxCare will be refunded.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Product or Services

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Limited Warranty and Refund Policy.

We may accept orders by confirmation through our website or by processing the shipment for such order. If we do not have any available inventory for a product you have ordered, we will place it on backorder.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

You may transfer or sell products you have purchased from us. Warranties on products are not transferable, expire on transfer or sale, and remain expired if products are returned to the original customer.

All prices are exclusive of applicable taxes and you will pay or reimburse us for all applicable taxes, duties, levies or assessments that may be assessed in any jurisdiction, whether based on the amounts paid or payable or the supply of Products, Software or Services to you or otherwise. If you wish to claim an exemption from same, you must furnish to us a tax exemption certificate acceptable to the applicable taxing authority.

Accuracy of Shipping, Billing, and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate information for all purchases made at our store. You are solely liable for any losses or extra expenses arising from incomplete or inaccurate information. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Third-Party Links

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

User Comments, Feedback and Other Submissions

If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Personal Information

Your submission of personal information is governed by our Privacy Policy.

Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; (l) replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to our web content. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Trademark Information

You herein acknowledge, understand and agree that all of the Shift Crypto AG trademarks, copyright, trade name, service marks, and other logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Shift Crypto AG. You herein agree not to display and/or use these in any manner without our express written consent.

Disclaimer of Warranties; Limitations of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Shift Crypto AG, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Force Majeure

If our performance of any of our obligations is prevented, restricted, or interfered with, by reason of: fire, flood, earthquake, explosion or other casualty or accident or act of nature; strikes or labour disputes; inability to procure or obtain delivery of parts, supplies, power, telecommunication services, equipment or software from suppliers, war or other violence; any law, order, proclamation, regulation, ordinance, demand or requirement of any governmental authority; or any other act or condition whatsoever beyond our reasonable control, we will be excused from such performance.

Indemnification

You agree to indemnify, defend and hold harmless Shift Crypto AG and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Adliswil, Zurich, Switzerland.

Changes to Term of Service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Contact Information

Please report any and all violations of these Terms of Service to:

Shift Crypto AG
Soodmattenstr. 4
8134 Adliswil
Switzerland

[email protected]

BitBoxCare terms of service (addendum)

Updated 19 January 2023

The BitBoxCare terms of service are an addendum to our general terms of service posted above.

What is BitBoxCare?

BitBoxCare is an optional product that extends the warranty of your BitBox product and covers you for repairs or replacement of your covered BitBox device (BitBox02 Multi Edition, BitBox02 Bitcoin-only Edition) in the event of accidental damage. BitBoxCare Plus additionally gives priority access to expert technical support from BitBox.

What is covered?

✓ BitBoxCare extends the standard two year manufacturer warranty to five years.

✓ BitBoxCare covers you for repair or replacement of your covered BitBox device in the event of accidental damage with each claim being subject to a policy deductible.

✓ Additionally BitBoxCare Plus gives you priority access to BitBox experts for technical support if your covered BitBox device ceases to work correctly

What is not covered?

✗ BitBoxCare does not cover your BitBox device for loss or theft, normal wear and tear, intentionally caused damage, fire, water or cosmetic damage which does not affect the functionality of the device.

✗ BitBoxCare does not cover you for failures due to defect in design, workmanship, modification or any alteration of the covered BitBox device.

✗ BitBoxCare does not cover products that are not the BitBox-branded covered devices under the policy.

✗ BitBoxCare does not cover you for service or repairs performed by anyone who is not a BitBox representative.

✗ BitBoxCare is not available to persons under 18 years of age.

✗ BitBoxCare does not cover issues that could be resolved by upgrading software to the latest version.

✗ BitBoxCare does not cover damage to or loss of any digital assets, passwords, private keys, software, data, or recovery and reinstallation of software.

Are there any restrictions on cover?

! Each valid claim for accidental damage under this policy is subject to an applicable policy excess which must be paid by you before you are entitled to benefits under this policy.

! The covered BitBox device can only be repaired or replaced via BitBox and no cash benefit will be offered under this policy.

! There can be at most two claims for a BitBox replacement device under the accidental damage protection.

Where am I covered?

✓ If you purchase cover on your BitBox device you are protected by the BitBoxCare policy worldwide providing you return the covered device to BitBox representative

✓ If you seek to make a claim in a country that is not the country of purchase, you will need to comply with all applicable import and export laws and regulations, and you will be responsible for all customs duties, value added tax and other associated taxes and charges that may apply.

What are my obligations?

— You will take all reasonable precautions to protect your covered BitBox device against an insured event and shall use and maintain the BitBox covered device in accordance with its manufacturer instructions.

— You must report your claim as soon as possible by one of the methods, and by following the claims procedure, set out in the policy.

— You must provide information about the symptoms and causes of the damage to or problems you have experienced with the covered device when making a claim. To allow BitBox to troubleshoot and otherwise assist with your claim, if requested you must provide information, including but not limited to the BitBox device and host device serial number, model, version of the operating system, application log files and software installed.

— You must ensure where possible that your software and data residing on the covered device is backed up. BitBox will not be responsible for any loss of private keys, passwords or data residing on the covered device including any resulting loss of funds when it is submitted as part of a claim under this policy.

— You will be responsible for restoring your wallet backups on the replacement device. It is your responsibility to ensure that you have the necessary wallet backups in order to do so.

When and how do I pay?

You agree to pay the full price of BitBoxCare upfront, before you can receive coverage or technical support, and no claim will be met under this policy if the premium has not been paid in full.

When does the cover start and end?

The coverage duration for extended warranty is five years, for accidental damage protection two years and for priority support one year. Coverage starts on the date you purchased BitBoxCare but at the latest 60 days after the covered device has been purchased. This means that if you buy BitBoxCare after you purchase your BitBox device you will only receive coverage on your BitBox covered device from that date.