Merge pull request #230 from cake-tech/updated-terms-2021-12-30

Update Terms of Service. Minor updates for privacy policy and license

LICENSE.md

@@ -1,6 +1,6 @@
 MIT License
 
-Copyright (c) 2020 Cake Technologies LLC
+Copyright (c) 2022 Cake Labs LLC
 
 Permission is hereby granted, free of charge, to any person obtaining a copy
 of this software and associated documentation files (the "Software"), to deal

PRIVACY.md

@@ -1,11 +1,11 @@
 Privacy Policy
 
-Last modified: May 21, 2021
+Last modified: January 11, 2022
 
 Introduction
 ============
 
-	Cake Technologies Inc. ("Company" or "We") respect your privacy and are committed to protecting it through our compliance with this policy.
+	Cake Labs LLC ("Cake Labs", "Company", or "We") respect your privacy and are committed to protecting it through our compliance with this policy.
 
 	This policy describes the types of information we may collect from you or that you may provide when you use the App (our "App") and our practices for collecting, using, maintaining, protecting, and disclosing that information.
 
@@ -20,13 +20,13 @@ Introduction
 Definitions
 -----------
 
-	- "App" means the software program provided by the Company, downloaded by You on any electronic device, named Cake Wallet.
+	- "App" means any software program provided by the Company, downloaded by You on any electronic device, including but not limited to Cake Wallet and Monero.com.
 	- "Device" means any device that can access the App, such as a cell phone or tablet device.
-	- "Node" means a full Monero or Bitcoin or Litecoin Node, which transmits data to your App for processing and synchronization, and to which your Device transmits transactions which you would like to submit to the Monero or Bitcoin or Litecoin networks.
+	- "Node" means a full Monero or Bitcoin or Litecoin Node (or any other node on a supported cryptocurrency network), which transmits data to your App for processing and synchronization, and to which your Device transmits transactions which you would like to submit to the Monero or Bitcoin or Litecoin networks (or any other supported cryptocurrency network).
-	- "Cake Wallet Nodes" refers to the set of cryptocurrency nodes operated and maintained by Cake Technologies.
+	- "Cake Labs Nodes" refers to the set of cryptocurrency nodes operated and maintained by Cake Labs LLC.
 	- "Service" refers to the App.
-	- "Third-party Service" refers to any service integrated into the Cake Wallet Application. This includes ChangeNow.
+	- "Third-party Service" refers to any service integrated into the App. This includes ChangeNOW, Wyre, MoonPay, and BlockBuy.
-	- "Usage Data" refers to data collected automatically about your usage of an Application.
+	- "Usage Data" refers to data collected automatically about your usage of an App.
 	- "You" means the individual, group, corporation, or any other entity accessing or using the Service.
 
 Information We Collect About You and How We Collect It
@@ -37,43 +37,43 @@ Information We Collect About You and How We Collect It
 		- Device IP address, the block height to which your wallet is synchronized, and any transactions which you use our Node to submit to the Monero or Bitcoin or Litecoin networks.
 	We collect this information:
 		- Directly from you when you provide it to us.
-		- Automatically as you use the App, if you use one of the Cake Wallet Nodes. Information collected automatically may include IP address and block height.
+		- Automatically as you use the App, if you use one of the Cake Labs Nodes. Information collected automatically may include IP address and block height.
 
-	Usage Data (including the date and time at which you use an application, the duration of using it, and other ‘metadata’) is NOT collected by Cake Technologies through the usage of the App. Cake Technologies has no reason to care about any aspect of your continued usage of our App. We believe that this data is your own property and that we have no right to collect it.
+	Usage Data (including the date and time at which you use an application, the duration of using it, and other ‘metadata’) is NOT collected by Cake Labs through the usage of the App. Cake Labs has no reason to care about any aspect of your continued usage of our App. We believe that this data is your own property and that we have no right to collect it.
 
-	Personal information is received by Cake Technologies ONLY in the event that you choose to provide it to us. This is provided either by synchronizing your wallet using the Nodes maintained by Cake Technologies, or by voluntarily contacting Cake Technologies regarding support, questions or suggestions. You also have the right to choose not to provide data to Cake Technologies, by choosing a different Node. The option to do so is provided by default with a list of Nodes, but Cake Wallet also provides the ability to add another Node not listed, or use your own Node.
+	Personal information is received by Cake Labs ONLY in the event that you choose to provide it to us. This is provided either by synchronizing your wallet using the Nodes maintained by Cake Labs, or by voluntarily contacting Cake Labs regarding support, questions or suggestions. You also have the right to choose not to provide data to Cake Labs, by choosing a different Node. The option to do so is provided by default with a list of Nodes, but Cake Wallet and Monero.com also provide the ability to add another Node not listed, or use your own Node.
 
-	Data relating to your funds, and their security and privacy, remains on your device at ALL times. Your private keys, seeds, backup files, and wallet passcode are your own responsibility. This data is not received, collected, or stored by Cake Technologies at any time, for any reason.
+	Data relating to your funds, and their security and privacy, remains on your device at ALL times. Your private keys, seeds, backup files, and wallet passcode are your own responsibility. This data is not received, collected, or stored by Cake Labs at any time, for any reason.
 
-	Personal Data collected through the Cake Wallet Nodes is limited to your device's IP address, the block height to which your wallet is synchronized, and any transactions which you use our Node to submit to the Monero or Bitcoin or Litecoin networks. Personal Data received by Cake Technologies in this manner is not stored for any length of time, and thus Cake Technologies is both unwilling to and incapable of sharing this data, or using it for any purpose beyond ensuring your appropriate connection to our Nodes.
+	Personal Data collected through the Cake Labs Nodes is limited to your device's IP address, the block height to which your wallet is synchronized, and any transactions which you use our Node to submit to the Monero or Bitcoin or Litecoin networks (or any other supported cryptocurrency network). Personal Data received by Cake Labs in this manner is not stored for any length of time, and thus Cake Labs is both unwilling to and incapable of sharing this data, or using it for any purpose beyond ensuring your appropriate connection to our Nodes.
 
-	If you decide to use a Node offered by any third party, some of which we offer by default in the Cake Wallet Application, said third party will receive this Personal Data instead of Cake Technologies. We take no responsibility for the actions of any third-party Node offered within the Application. If you decide to synchronize your Wallet using your own Node, neither Cake Technologies nor any third party will have access to this Personal Data.
+	If you decide to use a Node offered by any third party, some of which we offer by default in our Apps, said third party will receive this Personal Data instead of Cake Labs. We take no responsibility for the actions of any third-party Node offered within the Application. If you decide to synchronize your Wallet using your own Node, neither Cake Labs nor any third party will have access to this Personal Data.
 
-	In any of these situations, Cake Technologies takes no responsibility for interception of this data by any outside individual, group, corporation, or institution. You should understand this and take any and all appropriate actions to secure your own data.
+	In any of these situations, Cake Labs takes no responsibility for interception of this data by any outside individual, group, corporation, or institution. You should understand this and take any and all appropriate actions to secure your own data.
 
 How We Use Your Information
 ---------------------------
 
 	We use information that we collect about you or that you provide to us, including any personal information:
 		- To present our App and its contents to you.
-		- To allow you to sync using the closest geographical Node: In the event that you choose to synchronize your wallet using the Node maintained by Cake Technologies, we determine your location using your IP address to redirect your Wallet to the fastest possible Node.
+		- To allow you to sync using the closest geographical Node: In the event that you choose to synchronize your wallet using the Node maintained by Cake Labs, we determine your location using your IP address to redirect your Wallet to the fastest possible Node.
-		- To contact you: In the event that you contact Cake Technologies first, we will use the Personal Data with which you provide us, to contact you by email, Telegram, Reddit, or any other means.
+		- To contact you: In the event that you contact Cake Labs first, we will use the Personal Data with which you provide us, to contact you by email, Telegram, Reddit, or any other means.
 		- To manage your requests: To attend and manage your requests to us. 
 		- For any other purpose with your consent.
 
 Transfer of Your Personal Data
 ------------------------------
 
-	Personal Data received by the Cake Wallet Nodes, or voluntarily submitted to Cake Technologies through e-mail, Telegram, Reddit, or any other method, may be transferred to computers located outside of your governmental jurisdiction, where the data protection laws may differ from yours. Your consent to this Privacy Policy, and your submission of such information, represents your agreement to this transfer.
+	Personal Data received by the Cake Labs Nodes, or voluntarily submitted to Cake Labs through e-mail, Telegram, Reddit, or any other method, may be transferred to computers located outside of your governmental jurisdiction, where the data protection laws may differ from yours. Your consent to this Privacy Policy, and your submission of such information, represents your agreement to this transfer.
 
-	Cake Technologies will take all necessary steps to ensure that your data is treated securely and in accordance with this Privacy Policy. No transfer of your Personal Data will take place to an organization or a country, unless there are adequate controls in place to protect the security of your data.
+	Cake Labs will take all necessary steps to ensure that your data is treated securely and in accordance with this Privacy Policy. No transfer of your Personal Data will take place to an organization or a country, unless there are adequate controls in place to protect the security of your data.
 
 Disclosure of Your Information
 ------------------------------
 
 	We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. For example, we may, from time to time, disclose the number of users who have downloaded our Application.
 	
-	We may disclose personal information that we collect or you provide as described in this privacy policy:
+	We may disclose personal information that we collect or you provide as described in this Privacy Policy:
 		- To our subsidiaries and affiliates.
 		- To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
 		- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Cake Technology's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Cake Technology about our App users is among the assets transferred. However, we will provide notice before this Personal Data is transferred and becomes subject to a different Privacy Policy.
@@ -84,18 +84,18 @@ Disclosure of Your Information
 	We may also disclose your personal information:
 		- To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
 		- To enforce or apply our terms of use and other agreements, including for billing and collection purposes.
-		- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Cake Technologies, our customers, or others.
+		- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Cake Labs, our customers, or others.
 
-	Cake Technologies is incapable of providing any authority or government agency with data received by the Cake Wallet Nodes, because we do not store this data.
+	Cake Labs is incapable of providing any authority or government agency with data received by the Cake Labs Nodes, because we do not store this data.
 
-	Under certain circumstances, Cake Technologies may be required by authorities to disclose Personal Data which you voluntarily provide us, including your e-mail address, Telegram username, or Reddit username. WE STRONGLY RECOMMEND THAT YOU DO NOT TRANSMIT ANY PERSONALLY IDENTIFIABLE INFORMATION TO US VIA THESE OR ANY OTHER METHODS.
+	Under certain circumstances, Cake Labs may be required by authorities to disclose Personal Data which you voluntarily provide us, including your e-mail address, Telegram username, or Reddit username. WE STRONGLY RECOMMEND THAT YOU DO NOT TRANSMIT ANY PERSONALLY IDENTIFIABLE INFORMATION TO US VIA THESE OR ANY OTHER METHODS.
 
 Data Security
 -------------
 
-	You are responsible for your personal data, including all data related to the safety of your funds. You should take all appropriate action to protect this data. Cake Technologies cannot recover any data related to your funds in the event that you lose or give away this data. Cake Technologies strongly recommends that you take action to secure your funds, by writing down your seeds or keys, storing encrypted backups, and never sharing this information.
+	You are responsible for your personal data, including all data related to the safety of your funds. You should take all appropriate action to protect this data. Cake Labs cannot recover any data related to your funds in the event that you lose or give away this data. Cake Labs strongly recommends that you take action to secure your funds, by writing down your seeds or keys, storing encrypted backups, and never sharing this information.
 
-	Cake Technologies undertakes any and all reasonable steps possible to secure any data that you voluntarily transmit to us. However, we cannot guarantee that any outside system used to transmit this data is entirely secure and, as such, we recommend that you exercise caution when voluntarily transmitting data to us.
+	Cake Labs undertakes any and all reasonable steps possible to secure any data that you voluntarily transmit to us. However, we cannot guarantee that any outside system used to transmit this data is entirely secure and, as such, we recommend that you exercise caution when voluntarily transmitting data to us.
 
 Links to Other Websites
 -----------------------
@@ -110,4 +110,4 @@ Changes to Our Privacy Policy
 Contact Us
 ----------
 
-If you have any questions about this Privacy Policy, you are encouraged to contact us by email at info@cakewallet.com.
+	If you have any questions about this Privacy Policy, you are encouraged to contact us by email at info@cakewallet.com.

assets/text/Terms_of_Use.txt

@@ -1,9 +1,9 @@
-Last Modified: May 21, 2021
+Last Modified: January 11, 2022
 
 Acceptance of the Terms of Use
 ==============================
-	These terms of use are entered into by and between You and Cake Technologies LLC ("Company," "we," or "us"). The following terms and conditions "Terms of Use") govern your access to and use of the Cake Wallet app, including any content, functionality, and services offered on or through the Cake Wallet app (the “App").
+	These terms of use are entered into by and between You and Cake Labs LLC, a limited liability company formed under the laws of Nevis ("Company," "we," or "us"). The following terms and conditions "Terms of Use") govern your access to and use of the Cake Wallet and Monero.com apps, including any content, functionality, and services offered on or through the Cake Wallet app and the Monero.com app, as applicable (the “App").
-	Please read the Terms of Use carefully before you start to use the App. By using the App you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, , incorporated herein by reference. If you do not wish to agree to these Terms of Use or the Privacy Policy, you must not access or use the App. 
+	Please read the Terms of Use carefully before you start to use the App. By using the App you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not wish to agree to these Terms of Use or the Privacy Policy, you must not access or use the App.
 
 Changes to the Terms of Use
 ===========================
@@ -26,7 +26,7 @@ Accessing the App and Security
 
 		- If you choose, or are provided with, a seed or private keys for any wallet within the App, you MUST treat such information as confidential, and you MUST NOT disclose it to any other person or entity.
 
-		- You MUST keep the app up to date. Failure to update the Cake Wallet application means you will not be receiving the latest security fixes and features.
+		- You MUST keep the app up to date. Failure to update the application means you will not be receiving the latest security fixes and features.
 
 Intellectual Property Rights
 ============================
@@ -34,13 +34,13 @@ Intellectual Property Rights
 	The App and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
 		
 	These Terms of Use permit you to use the App for your personal and commercial use. You are permitted to download, store, publicly display, publicly perform, republish and transmit any of the code in our App. 
-	You are also permitted to reproduce, distribute, modify, or create derivative works of, any of the code in our App, under the condition that any derivative work of this App remains under an open source license.
+	You are also permitted to reproduce, distribute, modify, or create derivative works of, any of the code in our App, under the license conditions published with the accompanying code. If there is no license offered for the specific code, then you must contact us for a license for that specific code.
 
 	You must not:
 		- Modify copies of any images from the Application.
 		- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
 		- Delete or modify any copyright, trademark, or other rights notices from copies of materials from this site.
-		- Claim ownership of any code, image, text or any other information authored or created by Cake Technologies.
+		- Claim ownership of any code, image, text or any other information authored or created by Cake Labs.
 
 Trademarks
 ==========
@@ -67,15 +67,15 @@ Prohibited Uses
 
 		- Use any manual process to monitor or copy any of the material on the App, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
 
-		- Use any device, software, or routine that interferes with the proper working of the App or the Nodes operated by Cake Technologies.
+		- Use any device, software, or routine that interferes with the proper working of the App or the Nodes operated by Cake Labs.
 
 		- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
 
 		- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the App, or any node, server, computer, or database connected to the App. 
 
-		- Attack the App or the Nodes operated by Cake Technologies via a denial-of-service attack or a distributed denial-of-service attack.
+		- Attack the App or the Nodes operated by Cake Labs via a denial-of-service attack or a distributed denial-of-service attack.
 
-		- Otherwise attempt to interfere with the proper working of the App or the Nodes operated by Cake Technologies.
+		- Otherwise attempt to interfere with the proper working of the App or the Nodes operated by Cake Labs.
 
 Information About You and Your Visits to the App
 ================================================
@@ -90,7 +90,7 @@ Links from the App
 Geographic Restrictions
 =======================
 
-	The owner of the App is based in the State of Florida in the United States. Please consult with qualified legal counsel to assess the appropriate use of the App or any of its contents in the jurisdiction(s) you intend to use the App. The owner of the App makes no representation or warranty as to the suitability for use, compliance or other matter of law with respect to use in any jurisdiction. If you access the App from outside the United States, you do so on your own initiative and are responsible for compliance with local laws and regulations.
+	Please consult with qualified legal counsel to assess the appropriate use of the App or any of its contents in the jurisdiction(s) you intend to use the App. The owner of the App makes no representation or warranty as to the suitability for use, compliance or other matter of law with respect to use in any jurisdiction. If you access the App, you do so on your own initiative and are responsible for compliance with local laws and regulations.
 
 Translations
 ============
@@ -102,30 +102,30 @@ Risks Related to the use of the App
 
 	The App, the Company and the Company’s owners, partners, employees, contributors, and any affiliates will not be responsible for any losses, damages or claims arising from:
 
-		- Mistakes made by the user of any Monero-related and/or Bitcoin-related and/or Litecoin-related software or service, e.g., forgotten passwords, payments sent to wrong Monero and/or Bitcoin and/or Litecoin addresses, or accidental deletion of wallets;
+		- Mistakes made by the user of any cryptocurrency-related software or service, e.g., forgotten passwords, payments sent to wrong cryptocurrency addresses, or accidental deletion of wallets;
 
-		- Software problems of the App and/or any Monero-related or Bitcoin-related or Litecoin-related oftware or service, e.g., corrupted wallet file, incorrectly constructed transactions, unsafe cryptographic libraries, malware affecting the App and/or any Monero-related or Bitcoin-related or Litecoin-related software or service;
+		- Software problems of the App and/or any cryptocurrency-related software or service, e.g., corrupted wallet file, incorrectly constructed transactions, unsafe cryptographic libraries, malware affecting the App and/or any cryptocurrency-related software or service;
 
-		- Technical failures in the hardware of the user of any Monero-related and/or Bitcoin-related and/or Litecoin-related software or service, e.g., data loss due to a faulty or damaged storage device;
+		- Technical failures in the hardware of the user of any cryptocurrency-related software or service, e.g., data loss due to a faulty or damaged storage device;
 
-		- Security problems experienced by the user of any Monero-related and/or Bitcoin-related and/or Litecoin-related software or service, e.g., unauthorized access to users' wallets and/or accounts; or
+		- Security problems experienced by the user of any cryptocurrency-related software or service, e.g., unauthorized access to users' wallets and/or accounts; or
 
 		- Actions or inactions of third parties and/or events experienced by third parties, e.g., bankruptcy of service providers, information security attacks on service providers, and fraud conducted by third parties.
 
 Investment Risks
 ================
 
-	All investments, including investments in Monero, Litecoin and Bitcoin, are speculative in nature and involve substantial risk of loss. We encourage investors to invest carefully. We also encourage investors to get personal advice from professional investment advisors and to make independent investigations before making any investment. We do not in any way guarantee the success of any action you take with respect to investments on the App or otherwise. Past performance is not necessarily indicative of future results. All investments, including investments in Monero, Litecoin or Bitcoin, carry risk and all investment decisions of an individual remain the responsibility of that individual. Do not enter any investment without fully understanding the worst-case scenario of that investment, including but not limited to, large market fluctuations or total loss.
+	All investments, including investments in Monero, Litecoin and Bitcoin, are speculative in nature and involve substantial risk of loss. We encourage investors to invest carefully. We also encourage investors to get personal advice from professional investment advisors and to make independent investigations before making any investment. We do not in any way guarantee the success of any action you take with respect to investments on the App or otherwise. Past performance is not necessarily indicative of future results. All investments, including investments in Monero, Litecoin or Bitcoin, carry risk and all investment decisions of an individual remain the responsibility of that individual. Do not enter any investment without fully understanding the worst-case scenario of that investment, including but not limited to, large market fluctuations or total loss. Cake Labs does not provide investment advice.
 
 Tax Matters
 ===========
 
-	The users of the App are solely responsible in determining what, if any, taxes apply to their Monero, Litecoin and/or Bitcoin transactions. Cake Technologies is not responsible for determining any taxes that apply to such transactions. You agree not to hold Cake Technologies responsible for any issues relating to the taxation of purchases, sale, exchanges, transfers, or any other transactions related to any cryptocurrency.
+	The users of the App are solely responsible in determining what, if any, taxes apply to their cryptocurrency transactions. Cake Labs is not responsible for determining any taxes that apply to such transactions. You agree not to hold Cake Labs responsible for any issues relating to the taxation of purchases, sale, exchanges, transfers, or any other transactions related to any cryptocurrency.
 
-Monero, Bitcoin & Litecoin Transactions
+Cryptocurrency Transactions
 =======================================
 
-	The App does not store Monero, Litecoin or Bitcoin. Monero, Litecoin and Bitcoin exist only by virtue of the ownership record maintained in the Monero, Litecoin and Bitcoin networks. Any transfer of title in Monero, Litecoin or Bitcoin occurs within a decentralized Monero, Litecoin or Bitcoin network, and not in the App.
+	The App does not store cryptocurrencies, including Monero, Litecoin or Bitcoin. Cryptocurrencies exist only by virtue of the ownership record maintained in their respective networks. Any transfer of title in cryptocurrency occurs within a decentralized cryptocurrency network, and not in the App.
 
 Disclaimer of Warranties
 ========================
@@ -179,10 +179,10 @@ Waiver and Severability
 Entire Agreement
 ================
 
-	The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Cake Technologies Inc. regarding the App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the App. 
+	The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Cake Labs LLC regarding the App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the App.
 
 Your Comments and Concerns
 ==========================
 
-	This App is operated by Cake Technologies Inc.
+	This App is operated by Cake Labs LLC.
 	All feedback, comments, and other communications relating to the App should be directed to info@cakewallet.com. All requests for technical support should be directed to support@cakewallet.com.