Shelter

Terms of Service

These Terms of Service Between Vendor and User (the “Terms”) concerns the services you (“User,” “you,” or “your”) may receive from Global Tech Resources LTD (“Vendor,” “we,” “us,” or “our”) on the user interface entitled “Passport & Residencies” (the “Interface”).

By using this Interface, you agree to follow and be bound by the Terms, which incorporate our Privacy Policy, attached hereto as Exhibit A. If you do not agree, do not use the Interface. If you agree to the Terms on behalf of a business organization, you represent and warrant that you have the authority to legally bind such business organization, and you further agree that you are binding both you and the business organization. In such a case, “you,” “your” or “User” will refer and apply both to you and the business organization.

Vendor reserves the right to update or modify the Terms at any time without prior notice. Your use of the Interface following any such change constitutes your agreement to follow and be bound by the Terms as changed. For this reason, we encourage you to review the Terms whenever you use the Interface.

1. THE SERVICES

1.1 Your Application for Passport & Residences Services

Using the Interface, you can apply to receive services towards the goal of obtaining legal residence and/or citizenship (“Residence/Citizenship Status”) in one or more countries or jurisdictions.

1.2 Our Services to You

If you apply on this Interface, we shall provide to you, under these Terms, the following services (the “Services”):

  1. We will collect information and documents from your application (your “Data”);
  2. We will collect the required fees (the “Fees”);
  3. We will evaluate your suitability for the requested product, and
    • a) if not eligible or your application does not pass our standards, we will provide a refund less a processing fee;
    • b) If your application passes and Fees are paid in full, we will assist you in obtaining the certifications, instruments and/or documents appropriate for your new Residence/Citizenship Status (the “Certifications”).

1.3 The Application Process

The Interface includes instructions for accessing the Services by initiating your application. These instructions may include one or more of the following steps:

  • a) You follow the instructions on the Interface to confirm the Terms;
  • b) You provide your Data, including confirmation that your application is in compliance with our KYC Policy detailed under Section 5 below; and
  • c) You pay the Fees through transfer of KEY from your address on the Interface (your “Address”).

1.4 Results of Your Application

  • a) Entitled to Residence/Citizenship Status. There are different requirements and Fees dependent on the particular Residence/Citizenship Status applied for. If you need to supplement your Data or pay additional Fees in order to pass your specific requirements, we will inform you in a timely manner. Once your application passes all specific requirements, you will be notified via email of the next steps towards obtaining the status.
  • b) Not entitled to Residence/Citizenship Status. If your application for Residence/Citizenship Status will not pass the specific requirements for any reason, we will notify you [via email]. On a case by case basis, you may be entitled to a partial refund of the Fees paid, or you may have the option to use your Data and/or Fees to apply for a different Residence/Citizenship Status. However, any such refund or option is not guaranteed.
  • c) Cancelled. If we cannot process or finish your application for any reason, then your application will be cancelled. This may occur for a variety of reasons, including 1) we are unable to confirm your Data; 2) there are technical problems with the Interface, our systems, or the systems of outside parties; or 3) there are logistical issues with your application. If your application is cancelled, we refund the Fees paid by having your payment returned to your Address, less transaction fees charged by the Ethereum protocol. We will notify you that your application is cancelled via email.

2. THE FEES

You agree to pay the Fees for the Services as indicated by the Interface (or by follow up communications from us). You must pay the Fees in the SelfKey cryptographic token (KEY).

Any price conversion of KEY shall be determined through one or more application programming interfaces from sources Vendor deems reliable.

3. YOUR AGREEMENTS, REPRESENTATIONS AND WARRANTIES

As a condition of receiving the Services, you agree to the following:

3.1 Subcontractors

You acknowledge and agree that we may use one or more subcontractors (each, a “Subcontractor” and, collectively, the “Subcontractors”) to aid us in providing the Services. You agree your Data may be shared with the Subcontractors, in accordance with our Privacy Policy, for the purpose of processing your application.

3.2 Your Data

  • a) You represent and warrant that, in connection with the Services, (a) the Data you provide to us is accurate and not misleading, (b) any documents that are part of the Data are true and correct, and (c) you remain in compliance with the Terms of Service of SelfKey Wallet LLC, which you must have agreed to in order to access the Interface.
  • b) By your application to use our Services, you expressly grant us or our Subcontractors the right:
    • (1) to verify and cross-reference your identity and residency using your Data, databases, governmental or agency lists, or using identify-proofing methods, such as document forensics or biometrics; and
    • (2) to store, record, distribute, alter, copy, assign or otherwise transfer the Data in accordance with our Privacy Policy.

3.3 Other Information

  • a) You acknowledge and understand that using the Interface to submit your application will create a file that is stored electronically on your computer or device (the “Device File”). The Device File may contain data that is used or collected during the course of your application, comprising account information, identity-related information, photos, images, documents, session data, and other information.
  • b) By your application to use our Services, you expressly grant us or our Subcontractors the right to store, record, distribute, alter, copy, assign or otherwise transfer the Device File in accordance with our Privacy Policy.
  • c) Due to the openly-accessible and possibly permanent nature of the Ethereum protocol, certain information could be derived about you due to your interaction with the Interface, including:
    • (1) your Address could be tied to a payment for your application; and
    • (2) your Address can be associated with a hash or whitelist of addresses implying that your specific address received a new Residence/Citizenship Status. Any hash associated with your Address, however, would be only a cryptographic digest, created via a one way function, and should not, to our knowledge, feasibly be able to be decrypted to derive any personally identifiable information.

3.4 Your Application; Accessing the Interface

  • a) You acknowledge and agree that there is no guarantee that you will receive the Residence/Citizenship Status you applied for. The decision to grant Residence/Citizenship Status involves outside parties, agencies and institutions outside of our control. We make no representations or warranties regarding the results of applying for any Residence/Citizenship Status or the process of trying to obtain one.
  • b) You acknowledge and agree that there is no guarantee that you will receive any Residence/Citizenship Status in a timely manner. We make no representations or warranties regarding the speed or timeliness of approvals, if any.
  • c) You acknowledge that there is no guarantee that the Interface is or remains secure, complete or correct, or that access to the Interface will be uninterrupted or error free.
  • d) You acknowledge that the Interface may contain links to websites and apps operated by third parties. When you select these links you will be leaving the Interface. Because we have no control over such third party websites or apps, we disclaim any responsibility or liability for their availability or content. We do not adopt or endorse any such websites or apps, including, without limitation, any information, services, products or capabilities you may derive from them. YOUR USE OF THIRD PARTY WEBSITES AND APPS IS AT YOUR OWN RISK AND IS SUBJECT TO THEIR TERMS OF USE.
  • e) You understand that the Interface may include inaccuracies, errors and materials that violate or conflict with these Terms. In such a case, the provisions of these Terms shall prevail.
  • f) While accessing the Interface, you agree that you shall not attempt to:
    • (1) use the Interface for any fraudulent or unlawful purpose;
    • (2) interfere with or disrupt the operation of the Interface, or the servers, networks and smart contracts used to makes it functional (or violate any requirements, procedures, policies or regulations of any such networks);
    • (3) restrict or inhibit any other person from using the Interface, including, without limitation, by hacking, attacking, altering or defacing any portion of the Interface;
    • (4) use the Interface to advertise or offer to sell or buy any goods or services;
    • (5) reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Interface;
    • (6) modify, adapt, reverse engineer, decompile, disassemble any part of the Interface;
    • (7) remove any copyright, trademark or other proprietary rights notice, or materials originating from the Interface;
    • (8) frame or mirror any part of the Interface;
    • (9) create a database by systematically downloading and storing information derived from the Interface, whether by use of a robot, spider, site search/retrieval application or by any other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise systematically gather information; or
    • (10) reproduce, modify or create derivative works based on, rent, lease, loan, sell, distribute, publish, publicly perform or display all or any part of the Interface;

4.5 Residence/Citizenship Status

If you receive Residence/Citizenship Status from your application, you understand and agree that:

  • a) The benefits, rights, privileges and obligations (the “Features”) of the Residence/Citizenship Status are under the control of the sovereign state issuing such Residence/Citizenship Status and, thus, are subject to change and/or revocation at any time. There is no guarantee that the Features will be or remain to your satisfaction, or that the Features will match the description on the Interface or published elsewhere.
  • b) You understand that laws and regulations regarding “Know-Your-Customer,” “Anti-Money Laundering,” and “Combating the Financing of Terrorism” are constantly evolving, which affects both our KYC Policy and our Privacy Policy. Changes to these laws and regulations could cause your application to no longer be compliant, which may cause cancellation of your application or even cancellation of your Residence/Citizenship Status.

4.6 No Warranties; Limitations of Liability; Cause Of Action Limitations; Indemnification

  • a) No warranties.
    The Interface, the Services and any related services are provided “as is” and without warranties of any kind. Further, we do not warrant the Features or any specific experience of any Residence/Citizenship Status. You agree to bear all risks associated with the use of the Interface and with any issuance of a Residence/Citizenship Status. We disclaim all warranties, express or implied, including, without limitation, all warranties of title, non-infringement, accuracy, completeness, usefulness, merchantability, and fitness for a particular use, and warranties that may arise from course of dealing/performance or usage of trade.
  • b) Limitation of Liability.
    IN NO EVENT WILL VENDOR, OUR AFFILIATES, OUR ASSIGNS, OR OUR SUBCONTRACTORS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR INDIRECT COSTS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LITIGATION COSTS, INSTALLATION AND REMOVAL COSTS, OR LOSS OF DATA, PRODUCTION, PROFIT, OR BUSINESS OPPORTUNITIES.
    FURTHER, THE LIABILITY OF VENDOR, OUR AFFILIATES, OUR ASSIGNS, OR OUR SUBCONTRACTORS FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THE TERMS SHALL NOT EXCEED THE FEES RETAINED BY VENDOR UNDER THE TERMS.
    ALL LIMITATIONS SHALL APPLY TO ANY LIABILITY, ARISING FRO MANY CAUSE OF ACTION WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE TERMS, WHETHER IN CONTRACT, EQUITY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR ALL OF THE FOREGOING EXCLUSIONS AND, SO, TO THAT EXTENT, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
  • c) Cause Of Action Limitations.
    YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED IN ANY WAY TO THE USE OF THE INTERFACE OR YOUR APPLICATION FOR THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
  • d) Indemnification.
    By accessing the Interface, you agree to indemnify, defend and hold harmless Vendor and its officers, directors, owners, partners, employees, agents, and subcontractors (collectively, the “Indemnified Parties”) from and against any and all claims, losses, costs and expenses (including attorneys’ fees) arising out of or relating to (1) any breach (or claim, that if true, would be a breach) by you of the Terms and (2) your use of, application for, or activities in connection with the Interface. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement which affects the rights of any of the Indemnified Parties or requires the taking of any action by any of them, without our prior written approval.

5. KYC POLICY

Our KYC Policy aims for compliance with a broad scope of “Know-Your-Customer” rules, regulations and principles, including those related to anti-money laundering, combating the financing of terrorism and politically exposed persons.

5.1 Ineligible Countries

Under our KYC Policy, the citizens of the following countries (the “Ineligible Countries”) are ineligible to utilize the Interface:

  • The United States of America
  • Albania
  • Belarus
  • Bosnia
  • Burma
  • Central African Republic
  • Democratic Republic of Congo
  • Democratic People’s Republic of Korea
  • Côte D’Ivoire
  • the Crimea region of Ukraine
  • Croatia
  • Cuba
  • Herzegovina
  • Iran
  • Iraq
  • Kosovo
  • Lebanon
  • Liberia
  • Libya
  • Macedonia
  • Moldova
  • Serbia
  • Somalia
  • Sudan
  • South Sudan
  • Syria
  • Venezuela
  • Yemen
  •  Zimbabwe.Further, residents of Ineligible Countries, or any person attempting to access the Interface from within Ineligible Countries are also ineligible.

5.2 Sanctions Lists

Once your identity has been substantiated, we will screen your identity against sanctions lists for individuals and companies published by regulatory bodies such as the U.S. Office of Foreign Assets Control and the Monetary Authority of Singapore. If your identity fails this screening process, you will be ineligible to receive the Services.

6. TERMINATION

The Terms shall continue to apply until terminated as set out below.

6.1 Automatic Termination

The Terms shall automatically terminate (an “Automatic Termination”) after it is determined that (a) you are not entitled to a Residence/Citizenship Status, as detailed in Section 1.4.b above, (b) your application is cancelled, as detailed in Section 1.4.c above, (c) we have completed the Services, or (d) your application otherwise fails to be processed or completed.

6.2 Termination by You

You may terminate the Terms at any time after applying for, but not yet receiving, the Certifications. However, you will not receive a refund or credit for any Fees already paid.

6.3 Termination by Us

We, or any other group, entity or body that assumes governance of the Interface and its systems, may terminate the Terms for any lawful reason, including supply and demand, cost to maintain data, or other business considerations.

6.4 Provisions upon Termination

When the Terms terminate for any reason, all of the rights, privileges and benefits granted to you under the Terms shall cease, and you must immediately cease their use. Your access to or use of the Interface may be terminated without notice, and any information or files stored in connection with the Interface may not be available to you after any such termination. Notwithstanding the foregoing, however, the following provisions shall survive and continue in full force and effect: Section 4.6 (No Warranties; Limitations of Liability; Cause Of Action Limitations; Indemnification) and Section 7 (Miscellaneous).

7. Miscellaneous

7.1 Jurisdictional context

The Interface and its systems are controlled and operated by Vendor from the Republic of Seychelles and is intended solely for users in accordance with these Terms.

7.2 Entire Agreement; Interpretation

These Terms set forth the entire agreement and understanding between you and Vendor relating to the subject matter hereof and thereof and cancels and supersedes any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between you and Vendor, written or oral, to the extent they relate in any way to the subject matter hereof and thereof. The section headings in these Terms are included for ease of reference only and have no binding effect. Even though Vendor drafted these Terms, you represent that you had ample time to review and decide whether to agree to these Terms. If an ambiguity or question of intent or interpretation of these Terms arises, no presumption or burden of proof will arise favoring or disfavoring you or Vendor because of the authorship of any provision of these Terms.

7.3 Governing Law; Jurisdiction; Venue

These Terms and any claim thereunder will be governed by and construed in accordance with the laws of the Republic of Seychelles, without regard to its conflict of law provisions. You hereby submit to and consent to the exclusive jurisdiction and venue of the courts sitting in the Republic of Seychelles for the litigation of any dispute hereunder or of any dispute regarding any transaction in connection with the Terms. You hereby irrevocably waive, and agree not to assert in any suit, action or proceeding, any claim that (a) you are not personally subject to the jurisdiction of such courts, or (b) such suit, action or proceeding is brought in an inconvenient forum, or (c) the venue of such suit, action or proceeding is improper.

7.4 Class And Collective Waiver

Both you and Vendor agree to bring any claim or dispute on an individual basis only, and not on a class or collective basis on behalf of others. There will be no right or authority for any dispute to be brought, heard or litigated as a class or collective action, or as a member in any such class or collective proceeding.

7.5 Assignability

You may not assign these Terms, or any of its rights or obligations hereunder, without Vendor’s prior written consent in the form of a written instrument signed by a duly authorized representative of Vendor. Vendor may assign its rights and obligations so long as not inconsistent with these Terms. Any attempted assignment or transfer in violation of this subsection will be null and void. Subject to the foregoing restrictions, these Terms are binding upon and will inure to the benefit of the successors, heirs, and permitted assigns of the parties.

7.6 Transferability of Your Information

If ownership of all or substantially all of our business changes, if we undergo a corporate or structural reorganization (whether through merger, consolidation, asset sale, bankruptcy/receivership action or any similar transactions), or if any other group, entity or body assumes governance of the Interface or its systems, you expressly consent to us transferring your information (including, without limitation, your Data, the Device File and associated information) to the new owner, successor entity or new governing body so that the Interface and its systems may continue to operate. If required by applicable law, we will notify the data protection agency in each jurisdiction of such a transfer.

7.7 Third Party Beneficiaries

No person or business organization shall be third party beneficiaries to these Terms.

7.8 Severability

If and to the extent any provision of these Terms is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof will be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability and will be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction will not in any way affect the legality, validity, or enforceability of such provision in any other jurisdiction or of any other provision in any jurisdiction.

7.9 Force Majeure

Vendor will not be responsible for the failure to perform, or any delay in performance of, any obligation hereunder for a reasonable period due to pandemics, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other conditions beyond our reasonable control.

7.10 Prevailing Language

The English language version of these Terms will be controlling in all respects and will prevail in case of inconsistencies with translated versions, if any.

7.11 Consent To Use Electronic Records

It may be mandated or desirable that you receive certain records in writing from Vendor, including contracts, notices, and communications. To facilitate this, you hereby grant permission to receive these records electronically instead of in paper form. You further agree to utilize electronic consent and electronic signatures in lieu of using paper documents, and you understand and agree that electronic signatures are equivalent to traditional signatures, and equally binding.