STB Cash

Terms & Condition

Last modified: 19 MARCH, 2024

SPENDTHEBITS INC. USER AGREEMENT

This agreement is made between SpendTheBits Inc. (“SpendTheBits”), and you (“You”, “Your” and other similar words). Your access to and use of the SpendTheBits Wallet and STB CASH APP, the latest product offering by SpendTheBits designed for FIAT Payments, is governed solely by the terms of this Agreement which supersedes and replaces the terms of any other prior agreement, writing, or understanding between You and SpendTheBits. “You” includes all your heirs, trustees, administrators, and other legal representatives.

SpendTheBits carries on the business of providing users the ability to send bitcoin or other Virtual Currency (as defined below) onto the mobile wallet application (the “App”), and use the Wallet (as defined below) located in the App to store their Virtual Currency, to send their Virtual Currency to friends and family, and to buy goods and services with their Virtual Currency. In addition, SpendTheBits introduces STB CASH, a Non-Blockchain, centralized versatile Canadian fiat payment platform tailored to redefine the convenience of digital payments combined with the robustness of traditional banking, minus the monthly fees. STB CASH allows users to make person-to-person (P2P) payments, person-to-business (P2B) transactions, and bill payments, and integrates with Interac for seamless deposits and withdrawals, including options for EFT and wire transactions, all while enjoying cheaper and faster transactions as a result of innovative payment solutions offered by SpendTheBits.

SpendTheBits reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Software, the SpendTheBits Wallet, and STB CASH at any time, effective upon posting of an updated version of this Agreement on our platform. Your continued use of the SpendTheBits Solution and STB CASH following notice of such changes means that you agree to and accept the Agreement as amended. If you do not agree to any modification of this Agreement, you must immediately stop using the Software, the SpendTheBits Solution, STB CASH, and notify us that you are terminating this Agreement.

BY USING THE SOFTWARE AND STB CASH, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT (WHICH ALSO INCLUDES THE SPENDTHEBITS USER PRIVACY POLICY)

TERMS AND CONDITIONS

1. DEFINITIONS. As used in this Agreement

  • “Agreement” means these Terms and Conditions, the SpendTheBits Solution User Privacy Policy, and any other document incorporated by reference into this Agreement.
  • “Applicable Laws” means all laws, regulations, and codes applicable to SpendTheBits and You, including those governing digital payments, privacy, and financial services.
  • “Confidential Information” means all information regarding SpendTheBits’s business, including, without limitation, the SpendTheBits Solution, the Wallet, STB CASH App, the App, and any software, as well as other confidential or proprietary information disclosed under this Agreement.
  • “Email Address” means a single valid email address provided by 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, the result of which may be one or more versions that are not supported by SpendTheBits.
  • “Personal Information” means information about an identifiable individual, including You, that is collected, used, and disclosed in the course of delivering the SpendTheBits Solution including STB CASH.
  • “Services” means the services provided by SpendTheBits to You, including the functionalities of the SpendTheBits Wallet and STB CASH app wallet.
  • “Software” means the online software used to provide the SpendTheBits Solution, STB CASH, and Wallet, and delivered by SPENDTHEBITS to You, as made available by SpendTheBits from time to time.
  • “SpendTheBits User Privacy Policy” means the policy governing the collection, use, disclosure, and retention of information of an identifiable individual. You can access here: https://spendthebits.com/privacy-policy
  • “SpendTheBits Parties” means SpendTheBits and its officers, directors, agents, subsidiaries, suppliers, and employees.
  • “User” means any user of the Software, including You.
  • “User System” means the technology, including hardware and software, used by You to receive or access the Software.
  • “Virtual Currency” and “Virtual Currencies” means a cryptocurrency, digital currency, digital asset, cryptoasset, or other such similar term describing, for example, Bitcoin, XRP or Ether but does not include a derivative of a virtual currency, or a security, as defined under applicable law.
  • “Wallet” means the wallet software published by SpendTheBits Inc., consisting of software that permits you to self-custody Virtual Currency, organize network addresses, view transaction history, and transact in Virtual Currencies OR “STB CASH App Wallet” means the innovative Canadian fiat payment platform provided by SpendTheBits, designed to facilitate personal and business transactions, including P2P payments, P2B transactions, and bill payments, integrating seamlessly with Interac and offering additional deposit and withdrawal options such as EFT and wire transactions as contemplated in this Agreement.
  • “Your Data” means any data, information, or information submitted by You and includes, without limitation, Personal Information.
  • “STB CASH” means the innovative Canadian fiat payment platform provided by SpendTheBits, designed to facilitate personal and business transactions, including P2P payments, P2B transactions, and bill payments, integrating seamlessly with Interac and offering additional deposit and withdrawal options such as EFT and wire transactions.

With the introduction of STB CASH, a versatile Canadian fiat payment platform designed to streamline how Canadians transact daily, our commitment to your privacy extends to all interactions and transactions made through this new feature. STB CASH merges the convenience of digital payments with the robustness of traditional banking, minus the monthly fees, and integrates with Interac for effortless deposits and withdrawals, including options for EFT and wire transactions.

2. Software

2.1 License to the Software. Subject to You complying with each term of this Agreement, SpendTheBits hereby grants to You a limited, revocable, personal, non-sub-licensable, non-transferable, non-exclusive right to access and use the Software to access the SpendTheBits Solution, including STB CASH, in accordance with this Agreement solely for personal reasons and not for resale or to provide services to third parties.

2.2 No Sharing. Your access to the Software cannot be shared with anyone. You will maintain a single user account represented by Your Email Address on the App. You will only use the Software and access the SpendTheBits Solution, including STB CASH, under this single identity and will not share Your password or PIN with any other person or permit another person to interact with the Software or STB CASH using Your account information, PIN, or password.

2.3 Maintenance and Availability. SpendTheBits shall use commercially reasonable efforts to (a) maintain the security of the Software, including STB CASH; and (b) make the Software available in accordance with this Agreement. The Software, including STB CASH, will be unavailable from time to time for regularly scheduled and other maintenance and updates. SpendTheBits does not guarantee any uptime, speed, or availability of the Software or the SpendTheBits Solution, including STB CASH, to You and specifically denies any responsibility or liability for any loss, damages, or claim arising out of, or related to, any unavailability or speed of the software (or part thereof) at any time. SpendTheBits may change, suspend, or discontinue any aspect of the SpendTheBits Solution or Software, including STB CASH, at any time without notice or liability.

3. YOUR USE OF THE SOFTWARE

3.1 Access and Security Guidelines. You will use Your real name and Your own valid Email Address and create Your own 4-digit personal identification number (PIN) and password to use in association with Your Email Address for access to and use of the Software and the SpendTheBits Solution, including STB CASH. The SpendTheBits Solution automatically enables two-factor authentication by default. Once the onboarding process is complete and the PIN is finalized, You will have the option of logging in either via the PIN or biometric authentication, which is automatically enabled upon successful onboarding. We do not store any biometric information on our servers; that information is entirely stored on Your User System. You are solely responsible for ensuring the security and confidentiality of Your PIN and shall not share your PIN with anyone at any time. You will prevent unauthorized access to or use of the Software or the SpendTheBits Solution, including STB CASH, and notify SpendTheBits promptly of any such unauthorized use.

3.2 Your Data. You are solely responsible for Your Data that you provide, and You will not provide, post, or transmit any data, information, content, or material that: (a) infringes, misappropriates, or violates any intellectual property rights, publicity/privacy rights, or other rights of any third party, or any law or regulation; or (b) contains any viruses or programming routines intended to damage, surreptitiously intercept, or expropriate any system, data, or personal information. SpendTheBits may take any remedial action if Your Data violates this Section; however, SpendTheBits is under no obligation to review any data, information, content, or material on the SpendTheBits Solution, including STB CASH, for accuracy or potential liability.

3.3 Fees. In consideration of Your use of the SpendTheBits Solution, including STB CASH, You agree to pay any and all fees as described in the App and Our website, which fees shall be updated from time to time by Us at our discretion, and published on the App and Our website.

3.4 Use Restrictions. You are responsible for all activities that occur under Your account. In using the Software, accessing the SpendTheBits Solution, including STB CASH, you will not, and will not attempt to, engage in any of the following actions:

  • Reverse engineer, disassemble, or decompile any component of the Software, the SpendTheBits Solution, or STB CASH.
  • Interfere in any manner with the operation of the Software, the SpendTheBits Solution, or STB CASH, or the hardware and network used to operate them.
  • Transfer any of your rights under this Agreement, use the Software, or access the SpendTheBits Solution or STB CASH for the benefit of a third party or operate a service bureau.
  • Modify, copy, or make derivative works based on any part of the Software, the SpendTheBits Solution, or STB CASH.
  • Use the Software or access the SpendTheBits Solution or STB CASH in any manner that exceeds the scope of use permitted under Section 2.1 of this Agreement.
  • Engage in any unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable use of the Software or SpendTheBits Solution, including STB CASH.
  • Use the Software, the SpendTheBits Solution, or STB CASH in a way that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, provincial, national, or international law.
  • Infringe on any patent, trademark, trade secret, copyright, or other intellectual or proprietary rights of any party anywhere in the world through your use of the Software, the SpendTheBits Solution, or STB CASH.
  • Disclose personal information about another person without authorization or impersonate any person or entity, thereby misrepresenting your affiliation with a person or entity.
  • Use the Software, the SpendTheBits Solution, or STB CASH for unsolicited promotions, political campaigning, advertising, solicitations, or to spread viruses, corrupted data, or other harmful, disruptive, or destructive files.
  • Engage in any activity that, in the sole judgment of SpendTheBits, is objectionable or which restricts or inhibits any other person from using or enjoying the SpendTheBits Solution, including STB CASH, or which may expose SpendTheBits or its users to harm or liability of any type.

3.5 No Competitive Use. You may not subscribe for, use, or access the Software, including STB CASH, if you are a competitor of SpendTheBits, except with SpendTheBits’s prior written consent. Furthermore, you may not use the Software for monitoring its performance or functionality, or for any benchmarking or competitive purposes.

3.6 Suspension or Cancellation of Your Use. SpendTheBits reserves the right to terminate or suspend your access to the Software, the SpendTheBits Solution, and STB CASH, either partially or completely, without prior notice for any reason. SpendTheBits will confirm such termination or suspension by subsequent notice. You are responsible for any claims, fees, fines, penalties, and other liabilities incurred by us or others caused by your use of the SpendTheBits Solution, including STB CASH.

3.7 Consent and License You Give Us. By using the SpendTheBits Solution, including STB CASH, you grant to SpendTheBits the consent to collect, use, store, and disclose your Personal Information in accordance with the SpendTheBits Solution User Privacy Policy.

3.8 Content. SpendTheBits does not vouch for the accuracy, reliability, or truthfulness of any content posted, stored, or uploaded by you or any third party on the SpendTheBits Solution, including STB CASH. You bear all risks associated with exposure to such content, and SpendTheBits assumes no liability for any loss or damage arising from such content.

4. THE WALLET

  • Supported Fiat/Virtual Currencies: Do not attempt to store Fiat/Virtual Currencies in Your Wallet that are not supported by the Wallet, including any fiat currencies not facilitated by STB CASH.
  • Key Generation and Backup: When You create a SpendTheBits Wallet, the Software generates a cryptographic private and public key pair that you may use to send and receive any supported Virtual Currency via the relevant Virtual Currency network. YOU MUST STORE, OUTSIDE OF THE SERVICES, A BACKUP OF ALL WALLET CREDENTIALS, INCLUDING YOUR PASSPHRASES, IDENTIFIERS, BACKUP PHRASES, PRIVATE KEYS AND NETWORK ADDRESSES. If you do not maintain a backup of your Wallet data outside of the Services, you will not be able to access Virtual Currency previously accessed using your Wallet in the event that we discontinue or no longer offer some or all of the Services or may otherwise lose access to Virtual Currency. Also, in the event you delete the App and reinstall it and you lose your backup data, you will lose your Virtual Currency forever. We are not responsible for maintaining this data on your behalf. Upon creating an STB CASH App Wallet, the Software does not generate any cryptographic private and public key pair. For the STB CASH App and transactions, different secure mechanisms are employed to ensure transaction security. YOU MUST STORE, OUTSIDE OF THE SERVICES, A BACKUP OF ALL WALLET AND STB CASH CREDENTIALS, including username, password, identifiers, backup password phrases, and network addresses if applicable. Failure to maintain such a backup may result in the inability to access fiat funds within STB CASH in the event of data loss or discontinuation of the STB CASH app service. In the event of discontinuation of the STB CASH app service, the SpendTheBits team will notify customers at least 30 Day’s notice to withdraw funds from the platform.
  • Risk of Loss: You bear all risks associated with the loss of Virtual Currency and fiat funds within the SpendTheBits or STB CASH app. SpendTheBits is not liable for fluctuations in the fiat or Virtual Currency value of your assets held in the Wallet or STB CASH.
  • User Control and Withdrawal: You control the assets held in your Wallet and STB CASH account. Subject to system outages and downtime, you may withdraw or transfer your Virtual Currency or fiat funds according to applicable policies and network capabilities.
  • Transaction Confirmation: Virtual Currency transactions require confirmation and recording on the respective Virtual Currency network's ledger, which is a decentralized, peer-to-peer network not controlled by SpendTheBits. Transactions involving STB CASH will be processed in accordance with SpendTheBits's operational procedures and financial regulations.
  • Network Dependency: SpendTheBits has no control over any Virtual Currency network or the processing of transactions outside the scope of STB CASH, and cannot guarantee the completion or timely processing of transactions on these networks.
  • Immutability of Transactions: Once submitted to a Virtual Currency network, transaction details cannot be modified or canceled by SpendTheBits. This immutability does not apply to STB CASH transactions, which are governed by separate operational rules.
  • Forks and Network Disruptions: In the event of a Fork or network disruption, SpendTheBits may not support related Virtual Currency activity. STB CASH operations may also be affected by system outages or banking disruptions, for which SpendTheBits disclaims liability for any resulting loss.
  • Security and Access: SpendTheBits does not store or have access to your PIN, keys, network addresses, or transaction history for both the SpendTheBits Wallet and STB CASH APP Wallet. You are responsible for securing and remembering your PIN and all access credentials.
  • Wallet Creation and Security Practices: When creating a SpendTheBits Wallet or STB CASH account, you must: (a) create a strong password that you do not use for any other website or online service; (b) provide accurate and truthful information; (c) protect and keep secret all credentials for the Wallet; (d) protect and keep secret your PIN; (e) protect access to your device and your Wallet; (f) promptly notify us if you discover or otherwise suspect any security breaches related to your Wallet; and (g) use the backup functionality provided through the Wallet and safeguard your backup files. You agree to take responsibility for all activities that occur with your Wallet and accept all risks of any authorised or unauthorized access to your Wallet, to the maximum extent permitted by law.

5. YOUR WARRANTIES AND PROMISES TO SPENDTHEBITS

5.1 Your Warranties. You hereby represent and warrant to SpendTheBits, now and at all times during your access and use of the Software, the SpendTheBits Solution, and STB CASH, and SpendTheBits is relying on your representations and warranties in allowing you to use and access the Software, the SpendTheBits Solution, including STB CASH, that:

  • You are a resident of a jurisdiction in which the Software, the SpendTheBits Solution, and STB CASH, and your use of the Software, the SpendTheBits Solution, and STB CASH is not contrary to Applicable Laws
  • Any information that you provide at any time to SpendTheBits, including but not limited to information related to STB CASH transactions, is true, accurate, and complete;
  • You have all necessary rights to provide any of Your Data, or any other information, data, materials, or content to SpendTheBits for the purposes described in this Agreement, including those related to STB CASH
  • You agree to hold SpendTheBits’s Confidential Information, including details related to STB CASH functionalities and security measures, in strict confidence and not to use such Confidential Information for any purpose except as expressly permitted hereunder.

5.2 Security Vulnerability. In order to maintain the Software, the SpendTheBits Solution, and STB CASH as secure as possible, you must not disclose any security vulnerability to any person except SpendTheBits. Immediately upon discovering any issue or problem that may pose a risk to the security or use of the SpendTheBits Solution, STB CASH, or to Your Data (or any data of any other user of the Software, including STB CASH), you must notify us by contacting security@SpendTheBits.com

6. OWNERSHIP

6.1 SpendTheBits Solution and Technology. SpendTheBits exclusively owns and retains all rights, title, and interest in and to the Software, the Wallet, STB CASH, and the SpendTheBits Solution, along with all software, materials, formats, interfaces, information, designs, data, graphics, images, video, logos, icons, audio, content, computer code, SpendTheBits’s Confidential Information, and SpendTheBits proprietary information and technology used by SpendTheBits or provided to You in connection with the SpendTheBits Solution, STB CASH, and any compilation thereof (“SpendTheBits Technology”). “SpendTheBits Inc.,” the SpendTheBits logo, and other SpendTheBits logos and product and service names are or may be trademarks of SpendTheBits (the “SpendTheBits Marks”). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the SpendTheBits Marks, registered or not. All copyright, trademarks, service marks, and other proprietary notices contained in the original SpendTheBits Technology must be preserved on any copy you make of the SpendTheBits Technology. The SpendTheBits Technology is protected by intellectual property rights under the laws of Canada and other countries, including copyright and trademark laws, and is owned by or licensed to SpendTheBits. Other than as expressly licensed to You in this Agreement, no license or other rights in the SpendTheBits Technology are granted to You, and all such rights are hereby expressly reserved by SpendTheBits. SpendTheBits shall have a royalty-free, worldwide, transferable, sublicenseable, irrevocable, perpetual license to use or incorporate into the Software, the Wallet, and STB CASH any suggestions, enhancement requests, recommendations, or other feedback provided by You, relating to the Software, the Wallet, or STB CASH platform.

6.2 Your Data. You retain all ownership rights in and to Your Data, including data that constitutes Personal Information. You grant to SpendTheBits all necessary licenses in and to Your Data as required for SpendTheBits to operate the SpendTheBits Solution including STB CASH platform, comply with applicable laws, provide support and maintenance, and enhance the Software, the Wallet, and STB CASH. This includes the use, reproduction, modification, adaptation, publication, distribution, and display of Your Data in connection with the operation of the SpendTheBits Solution and STB CASH. SpendTheBits commits to protecting Your Data in accordance with the SpendTheBits User Privacy Policy and applicable data protection laws.

7. TERM AND TERMINATION

7.1 Term. The term of this Agreement commences on the date you sign up for the Software, begin to use the App, the SpendTheBits Solution, or STB CASH platform, and continues until terminated in accordance with the provisions of this Agreement.

7.2 Termination.

  • User Initiated: You may cease using the Software, the SpendTheBits Solution, and STB CASH platform at any time.
  • SpendTheBits Initiated: SpendTheBits may cease providing You the Software, the SpendTheBits Solution, or STB CASH (or any portion thereof) at any time without notice. Additionally, SpendTheBits may terminate this Agreement immediately and without notice if You violate any of your obligations under this Agreement.
  • Upon Termination: Upon the termination of this Agreement for any reason:
    • The license granted to SpendTheBits in respect of Your Data survives for so long as SpendTheBits is required by law to retain such information.
    • SpendTheBits will cease providing and You will cease using the Software, the SpendTheBits Solution, and STB CASH.
    • SpendTheBits will be entitled to retain and use Your Data in accordance with the terms of this Agreement, subject always to the laws of the Province of Alberta and applicable laws of Canada therein. The rights and duties of the parties under Sections 3.7, 4, 6, 7.2, 8, 9, 10, and 11 will survive the termination or expiration of this Agreement.

7.3 Survival: The rights and obligations of the parties under Sections relating to Ownership, Your Data, Confidentiality, Limitation of Liability, and any other provisions which by their nature should survive, will continue after the termination or expiration of this Agreement.

8. WARRANTY DISCLAIMER

8.1 Warranty Disclaimed. SpendTheBits expressly disclaims all warranties related to the SpendTheBits Solution, STB CASH, the Software, and any services or content provided through the Software. THE SOFTWARE, THE SPENDTHEBITS SOLUTION, STB CASH, AND ALL DATA, MATERIALS, AND CONTENT PROVIDED IN CONNECTION WITH THIS AGREEMENT BY SPENDTHEBITS AND ITS SUPPLIERS ARE DELIVERED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SPENDTHEBITS AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPENDTHEBITS DOES NOT WARRANT THAT THE SERVICES, INCLUDING STB CASH, WILL BE ERROR-FREE, ACCURATE, RELIABLE, UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. SPENDTHEBITS IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES.

8.2 Third-Party Links. The Software may allow you to link to other websites or resources on the Internet, and other websites or resources may contain links to the SpendTheBits’s websites. SPENDTHEBITS IS NOT RESPONSIBLE for the content, availability, or accuracy of these external sites and resources. The inclusion of any link does not imply endorsement by SpendTheBits. You acknowledge that SPENDTHEBITS SHALL NOT BE LIABLE for any damage or loss caused by your use of or reliance on any external site or resource.

9. INDEMNITY

9.1 Indemnification by You. You agree to indemnify, defend, and hold harmless the SpendTheBits Parties against any claims, actions, or demands resulting from (a) your use of the SpendTheBits Solution, STB CASH, the App, the Wallet, or the Software, including any violation of laws, regulations, or orders; or (b) allegations that Your Data, or its use under this Agreement, infringes or misappropriates third-party intellectual property rights or causes harm to a third party. This indemnification covers all associated damages, fees, fines, and costs. You are not obligated to indemnify SpendTheBits Parties if the claim or action arises solely from SpendTheBits's material breach of this Agreement.

9.2 Conditions for Settlement. Any settlement or compromise of a claim requiring indemnification under this section must meet the following conditions without SpendTheBits’s prior approval: (A) no admission of breach by SpendTheBits, (B) no effect on SpendTheBits’s defenses, and (C) no imposition of any obligations or conditions on SpendTheBits. SpendTheBits will cooperate with your defense of such claim, provided your actions do not conflict with SpendTheBits's interests.

10. LIMITATION OF LIABILITY

10.1 Limitation on Total Cumulative Liability. SPENDTHEBITS's total cumulative liability to you, for any and all claims arising from or in connection with this Agreement, whether in contract, tort, or under any other theory of liability, related to the Software, the SpendTheBits Solution, including STB CASH, will not exceed the amounts, if any, actually paid by you to SPENDTHEBITS during the six-month period immediately preceding the formal written notice of the claim. This limitation applies collectively to all your claims, actions, and proceedings against SPENDTHEBITS and will not be increased by the existence of more than one incident or claim.

10.2 Exclusion of Certain Damages. Under no circumstances will SPENDTHEBITS be liable for any special, incidental, indirect, or consequential damages arising out of or in connection with this Agreement, the Software, the SpendTheBits Solution, or STB CASH, including but not limited to interrupted communications, lost data, lost profits, or damages resulting from inconvenience, delay, or loss of use of any information or data or the services provided herein, even if SPENDTHEBITS has been advised of the possibility of such damages. This exclusion applies regardless of the legal theory under which such damages are sought and notwithstanding the failure of the essential purpose of any limited remedy provided in this Agreement.

11. GENERAL PROVISIONS

  • Express Consent. By entering into this Agreement, You expressly consent to receiving electronic messages (emails, text messages, instant messages or any similar form of message) from SpendTheBits which messages shall provide information related to the SpendTheBits Solution including the STB CASH app. If You wish to use the SpendTheBits Solution on a mobile device, You further expressly consent to the installation of software (and any updates) required to use the SpendTheBits Solution as an App, including the installation of the Wallet, on mobile devices. You may contact SpendTheBits at the address, phone number and email located below in order to cancel Your consent to receive electronic messages and/or software updates at any time.
  • Publicity. SpendTheBits may make public announcements, including but not limited to, press releases and media announcements, of the existence of this Agreement, the SpendTheBits Solution including the STB CASH app and the Software.
  • Assignment. You may not assign any rights or obligations arising under this Agreement, whether by operation or law or otherwise, without the prior written consent of SpendTheBits. You agree that SpendTheBits may subcontract certain aspects of the SpendTheBits Solution including the STB CASH app to qualified third parties, provided that any such subcontracting arrangement will not relieve SpendTheBits of any of its obligations hereunder. Subject to the foregoing limitation, this Agreement shall inure to the benefit of and shall be binding on the heirs, legal representatives, successors and assignees of the parties.
  • Disputes. You agree that any action at law or in equity arising out of or relating to this Agreement shall be filed only in the provincial and federal courts located in Edmonton, Alberta and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of this Agreement or Your use of the Software, the App and SpendTheBits Solution. To the extent permitted by law, You agree that You will not bring a claim under this Agreement more than 12 months from when Your claim first arises.
  • Injunctions. Notwithstanding the foregoing, if you breach or threaten to breach any provision of this Agreement You acknowledge that irreparable harm will result to SpendTheBits if You breach any obligation under this Agreement and You acknowledge and agree that such a breach would not be properly compensable by an award of damages. Accordingly, You agree that SpendTheBits shall be entitled to, in addition to other available remedies and damages, injunctive relief or other equitable relief enjoining such breach at the earliest possible date.
  • Governing Law and Venue. This Agreement will be governed by and construed in accordance with the laws of the Province of Alberta, Canada without giving effect to conflict of laws principles. Subject to the mandatory arbitration provisions, any action or proceeding arising from or relating to this Agreement must be brought in a court sitting in Alberta, Canada, except for applications for injunctive relief by SpendTheBits which SpendTheBits may bring in any jurisdiction. You hereby irrevocably submit to the jurisdiction and venue of such court in any such action or proceeding.
  • Waiver of Jury Trial. TO THE EXTENT PERMITTED BY LAW, AND SUBJECT TO THE MANDATORY ARBITRATION PROVISION, YOU ACKNOWLEDGE, AGREE AND UNDERSTAND THAT, WITH RESPECT TO ANY DISPUTE WITH SPENDTHEBITS, OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, ARISING OUT OF OR RELATING TO THIS AGREEMENT: YOU HEREBY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY.
  • Waiver of Class Action Rights. TO THE EXTENT PERMITTED BY LAW, AND SUBJECT TO THE MANDATORY ARBITRATION PROVISION, YOU ACKNOWLEDGE, AGREE AND UNDERSTAND THAT, WITH RESPECT TO ANY DISPUTE WITH SPENDTHEBITS, OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOU HEREBY GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INCLUDING BUT NOT LIMITED TO CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.
  • Notices. Any notice or other communication required or permitted under this Agreement and intended to have legal effect must be given in writing to the other party. You may send notices to 28-655 Tamarack Rd NW, Edmonton, Alberta, Canada, T6T0N4 OR security@SpendTheBits.com and SpendTheBits may send any notice to You at the Email Address. Notices will be deemed to have been given upon the next full business day in the Province of Alberta after being sent.
  • Severability and Waiver. In the event that any provision of this Agreement is held to be invalid or unenforceable, the valid or enforceable portion thereof and the remaining provisions of this Agreement will remain in full force and effect. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. All waivers must be in writing. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.
  • Enurement. All covenants, representatives, warranties and agreements of the parties contained herein will be binding upon and will enure to the benefit of the parties and their respective successors, permitted assigns, legal representatives, heirs and trustees.
  • Questions or Additional Comments. If You have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to security@SpendTheBits.com

SpendTheBits including the STB CASH app isn’t storing any personal information/biometric info (auto-enabled, only stored in your phone).