DAU Key
Terms of Sale
1. Introduction
These Terms and Conditions ("Terms") govern the sale and provision of DAU Key and any associated products or services ("DAU Key") between Du Bois Gold AG (“Company”) and our customers. By registering, purchasing, or using the DAU Key, you affirm that you have read, understood, and agreed to be bound by these Terms.
2. Eligibility
The DAU Key is intended for users who are 18 years of age or older, and any registration by, use of, or access to DAU Key by any natural person under 18 is unauthorized, unlicensed, and in violation of these Terms. Children under 18 and at least 13 years of age are only permitted to use or access the DAU Key if the following conditions are met: (a) such children use the DAU Key through an account owned by a parent or legal guardian (b) with their explicit permission and (c) under their direct supervision. Children under 13 years of age are not permitted to use the Services. By using the DAU Key, the customer represents that they are 18 or older and that they agree to and will abide by these Terms.
By using the DAU Key, the customer represents that they are not listed on any sanctions lists, including, but not limited to, the UN Security Council Sanctions List, identified as a “Specially Designated National” by the Office of Foreign Assets Control (OFAC) of the U.S. Treasury Department, enumerated on the U.S. Commerce Department’s “Denied Persons List,” or listed by the State Secretariat for Economic Affairs (SECO) under the Swiss sanctions regime.
3. Products and Services
DAU Key and its associated products or services, available exclusively through the Company's website, are subject to availability and may be limited in quantity. The Company endeavors to provide accurate descriptions and images of these products and services. However, we do not warrant that the quality of any products, services, information, or other materials purchased or obtained by you will meet all your expectations, or that any errors in the services will be corrected. Additionally, the Company reserves the right to modify, limit the sales of, or discontinue any of its products or services at any time, subject to the Company's Shipment and Returns Policy
The Company reserves the right to refuse any order, limit quantities purchased, or cancel orders in its sole discretion.
4. Use of DAU Key and Prohibited Activities
The DAU Key is designed for securely storing and managing cryptographic keys. Upon purchase, the customer is granted the right to use the DAU Key for their personal, non-commercial purposes. This right of use is non-exclusive and non-transferable. The customer agrees not to modify, disassemble, reverse engineer, or create derivative works of the DAU Key hardware. This right of use remains in effect until the customer ceases to use the DAU Key or until the Company, at its discretion, terminates the right of use due to a breach of these Terms. Customers shall use DAU Key in full compliance with all applicable laws and regulations. Any use contrary to such laws and regulations is strictly prohibited and may result in termination of service.
The following activities are strictly prohibited in relation to the use of the DAU Key:
i) Engaging in or facilitating any unlawful activities.
ii) Uploading, posting, transmitting, or sharing any material that contains software viruses, malicious computer code, or any other form of harmful technology.
iii) Violating intellectual property rights, engaging in harassment or discrimination, submitting false information, spamming, or other forms of deceitful or harmful conduct.
iv) Interfering with, compromising, or attempting to circumvent the security features of the DAU Key.
Any violation of these provisions may result in immediate termination of access to services related to DAU Key and may lead to legal action.
5. Accuracy and Completeness of Information
While the Company strives to provide accurate and up-to-date information about DAU Key and its related products and services, we do not guarantee the accuracy, completeness, or timeliness of the information available on our website or through our services. Customers should be aware that their reliance on any information provided by the Company is at their own risk.
6. Intellectual Property
The Company retains all rights, title, and interest in the design and intellectual property of DAU Key. Customers acknowledge and agree that all intellectual property rights in DAU Key belong to the Company. Customers shall not reproduce, modify, or remove any copyright, trademark, or proprietary rights notices in DAU Key.
7. User Comments and Feedback
Customers may provide comments, feedback, or other submissions to the Company regarding DAU Key. By doing so, the customer grants the Company the right to use, copy, publish, distribute, and translate the comments without any obligation to maintain confidentiality or provide compensation. The Company may monitor, edit, or remove content that is unlawful, offensive, threatening, libelous, defamatory, or violates these Terms.
8. Third-Party Tools and Services
As part of our service offering in conjunction with the sale of the DAU Key, we may provide you with access to third-party tools and services, which may include software wallets such as DAU Vault. It is important to note that while these tools and services are accessible in the course of using our services, we neither monitor nor have any control over them. Therefore, when you access and use these third-party tools, including any software wallets, you acknowledge and agree that we provide access to them "as is" and "as available," without warranties, representations, or conditions of any kind, and without any endorsement from Du Bois Gold AG.
We shall have no liability whatsoever arising from or relating to your use of these optional third-party tools. Your engagement with these tools, offered through our services, is entirely at your own risk and discretion. We recommend that you familiarize yourself with and approve of the terms under which these tools are provided by the relevant third-party providers.
Additionally, we may in the future offer new services and/or features (including the release of new tools and resources). Such new features and/or services, related to DAU Key, will also be subject to these Terms and Conditions.
9. Modifications to DAU Key and Prices
The Company reserves the right to modify, suspend, or discontinue DAU Key at any time without notice. The customer agrees that the Company will not be liable for any changes, including price changes, or the discontinuance of DAU Key. The customer understands that prices for DAU Key may change without notice. The Company is not responsible for any errors, inaccuracies, or omissions in the pricing or availability of DAU Key.
The Company may modify or update the information on the DAU Key website at any time without notice. It is the responsibility of the customer to monitor any changes.
The customer agrees to provide accurate billing and account information and promptly update their information as necessary.
10. Personal Information
Customers are encouraged to review the Company's Privacy Policy to understand how personal information is collected and used. By using DAU Key, the customer agrees to the collection, use, and transfer of relevant personal information in accordance with the Privacy Policy.
11. Disclaimer of Warranties; Limitation of Liability
The Company does not guarantee uninterrupted, timely, secure, or error-free use of DAU Key. The Company does not warrant the accuracy or reliability of results obtained from using DAU Key. The Company, along with third-party tools and service providers, do not have the ability to access the customer's DAU Key, the associated digital wallet, or digital assets. Customers agree that their use of DAU Key is at their own risk, and the Company provides DAU Key "as is" without any warranties.
The Company will not be liable for any direct or indirect damages, including lost profits, lost data, or consequential damages, arising from the use of DAU Key.
The manufacturer and seller are not liable for any loss of digital assets incurred by the customer or the end user. Digital assets have inherent risks, and by using DAU Key, customer accepts full responsibility for the management and security of their digital assets.
In the event of product loss, theft, or mechanical damage, control over the associated blockchain assets may be irretrievably lost. Users should be aware that such incidents may lead to the inability to recover their digital assets. It is imperative that users take all necessary precautions to protect their physical product to mitigate the risk of such losses.
12. Indemnification
Customers agree to indemnify and hold the Company harmless from any claims, demands, or actions arising from their breach of these Terms or violation of any law or rights of a third party.
13. Governing Law and Dispute Resolution
Any legal disputes arising from or in connection with DAU Key shall be governed by and construed in accordance with Swiss law. The exclusive place of jurisdiction for all legal proceedings, subject to mandatory provisions of Swiss law, and the place of performance and debt enforcement for a User domiciled outside of Switzerland, is the City of Zug, Switzerland. Company reserves the right to initiate legal proceedings at the place of domicile of the User or before any other competent court or authority.
14. Severability
If any provision of these Terms is or becomes invalid, unlawful or unenforceable in any jurisdiction under applicable law, the remaining provisions shall continue to be binding.
15. Force Majeure
The Company will not be liable for any delay or failure in performance under these Terms due to causes beyond its reasonable control.
16. Amendments to the Terms
Company reserves the right to amend these Terms from time to time and will inform the User of such amendments in advance in a suitable manner.
17. Entire Agreement
These Terms constitute the entire agreement between the Company and the customer. They supersede any prior agreements, communications, or proposals, whether oral or written, regarding the DAU Key. This agreement represents the full understanding of the parties concerning the subject matter and is the complete and exclusive statement of the terms agreed upon.
18. Contact Information
If customers have any questions about these Terms, they can contact the Company at https://duboisgold.com/contact or by mailing Company at Du Bois Gold AG, Baarerstrasse 8, 6300 Zug, Switzerland
Last Updated: May 2024