Terms of Use — Holdtotal

Effective date: [DATE]

These terms are a legal agreement between you and SMARTNESS HOME, a French société par actions simplifiée (SAS) registered under RCS Evry 829 550 185 ("we", "us"), covering your use of the Holdtotal mobile application ("the app"). Full company details are in Section 16.

The app is offered to users in the United States.

1. Acceptance of terms

By downloading, installing, or using the app, you agree to these terms. If you do not agree, do not use the app.

You must be at least 13 years old to use the app. If you are under the age of majority where you live, you may only use the app with the involvement of a parent or guardian.

2. License

We grant you a limited, personal, non-exclusive, non-transferable, revocable license to install and use the app on devices you own or control, for your own personal, non-commercial use.

We keep all rights not expressly granted here.

3. Acceptable use

You agree not to:

4. Intellectual property

The app, its name, its design, and its content are owned by SMARTNESS HOME and are protected by intellectual property laws. These terms do not transfer any ownership to you.

Cryptocurrency names, symbols, and logos shown in the app belong to their respective owners. Their appearance in the app does not imply any affiliation with, sponsorship by, or endorsement from them.

5. Third-party data

Cryptocurrency price data is provided by CoinGecko, a third party we do not control.

Price data is provided "as is." It may be delayed, incomplete, interrupted, or inaccurate. We do not verify it and we do not guarantee it. Prices shown in the app may differ from prices on any exchange or from the price at which any asset could actually be bought or sold.

Third-party services may change, restrict, or discontinue access at any time, which may affect or interrupt the app's ability to show prices.

6. Advertising

The app is free and is supported by third-party advertising served through Google AdMob.

This matters here in particular. Ads shown in a crypto-adjacent app may include financial offers, trading platforms, token promotions, or similar products. An ad appearing in Holdtotal is not a recommendation, an endorsement, or a suggestion that the offer is suitable, legitimate, or safe. Evaluate any such offer independently, and treat unsolicited financial offers with caution.

Information collected by the advertising SDK is described in our Privacy Policy.

7. No financial advice

The app is an informational tool. It does not provide financial, investment, legal, or tax advice, and nothing in it is a recommendation to buy, sell, or hold any asset. See the Disclaimer, which is incorporated into these terms by reference.

The app never accesses, holds, or transfers funds, wallets, or private keys, and offers no ability to buy, sell, trade, or exchange anything.

8. DISCLAIMER OF WARRANTIES

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DATA DISPLAYED — INCLUDING PRICE DATA SUPPLIED BY THIRD PARTIES — WILL BE ACCURATE, COMPLETE, CURRENT, OR RELIABLE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

9. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SMARTNESS HOME, ITS OWNERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR CRYPTOCURRENCY, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE APP — WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS RESULTING FROM RELIANCE ON PRICE DATA, FROM DECISIONS MADE USING THE APP, FROM LOSS OF LOCALLY STORED DATA, OR FROM YOUR DEALINGS WITH ANY ADVERTISER.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE APP SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE APP IN THE TWELVE MONTHS BEFORE THE CLAIM, OR (B) TWENTY-FIVE US DOLLARS ($25.00). THE APP IS FREE, SO IN MOST CASES THIS AMOUNT WILL BE $25.00.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

10. Indemnification

You agree to indemnify and hold harmless SMARTNESS HOME and its owners, employees, and agents from any claim, demand, loss, liability, or expense (including reasonable legal fees) arising out of your use of the app, your violation of these terms, or your violation of any law or third-party right.

11. Termination

These terms apply for as long as you use the app. You may end them at any time by deleting the app. We may suspend or discontinue the app, in whole or in part, at any time and without notice.

Sections 5 through 10, and 12, survive termination.

12. Governing law

These terms are governed by French law, without regard to its conflict-of-laws rules. We are established in France and have no establishment in the United States.

Nothing in this section deprives you of the protection of any mandatory consumer law of the state where you live. If you are a consumer, you may bring a claim before the courts of the place where you reside, and any claim we bring against you will be brought there.

Any other dispute that is not resolved amicably falls within the jurisdiction of the competent courts of Paris, France.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these terms.

13. Apple and Google

These terms are between you and SMARTNESS HOME only — not with Apple Inc. or Google LLC. Apple and Google are not responsible for the app or its content, and have no obligation to provide support for it. Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.

14. Changes to these terms

We may revise these terms. When we do, we will update the effective date above. Continuing to use the app after a change means you accept the revised terms.

15. Severability and entire agreement

If any provision of these terms is found unenforceable, the rest remain in effect. These terms, together with the Privacy Policy and the Disclaimer, are the entire agreement between you and us regarding the app.

16. Publisher and contact

[SUPPORT EMAIL]

CompanySMARTNESS HOME
Legal formSociété par actions simplifiée (SAS), a French simplified joint-stock company
Share capital€8,000.00
Registered office5 rue Agrippa d'Aubigné, 91090 Lisses, France
Publication directorEric Siwon, President
Trade registerRCS Evry 829 550 185 — registered 11 May 2017
SIREN / SIRET829 550 185 / 829 550 185 00013
EU VAT numberFR40829550185
Website hostCloudflare, Inc., 101 Townsend Street, San Francisco, CA 94107, USA — +1 (888) 993-5273