TERMS of Use Agreement   

 Acceptance of the “Terms of Use Agreement” is Required, if you choose not to accept Terms you will be prevented from accessing services.  Read the document in its entirety, be sure that you have a full and clear understanding prior to clicking on the “ACCEPT” button, as by selecting you are in making a personal agreement with Blackbox Inc. that is legally binding. 

Terms of Use Agreement

1) Changes to the Agreement  

2) Governing Law 

3) Definitions 

4) Data Use Consent 

5) Information Collection 

6) Website & Application Access Terms And Conditions

7) Privacy  & Cookies 

1) Changes to the Terms of this Agreement

You acknowledge that we can add to, change or replace the terms and conditions of this Agreement and any other terms and policies incorporated by reference herein from time to time. Notice of additional, amended or replaced terms and conditions may be given to you in any one or more of the following ways:

1.  a notice on the Blackbox website (blackboxwallet.com );
2. posting an updated version of the Agreement at the Blackbox website;
3.  an email message sent to you at the email address we have for you on our records;
4. a direct message sent to your mobile device, 
5. such other method(s) as we may permit.

Your continued use of the Account or Digital Services (each as defined in Schedule ‘1’), the selected account(s) or any other service with us, acknowledges that you agree to and accept the new terms and conditions of the Agreement and all agreements related to the Account or service as amended, modified or replaced.

We may terminate this Agreement immediately and without notice in the case of your breach of this Agreement. We may immediately suspend your use of any Digital Service and terminate this Agreement if we have reason to suspect that you have used the Digital Service for fraudulent, illegal, or money laundering purposes, or if you have, in our sole discretion, misused the Digital Service.

2) Governing Law

This Agreement will be governed by and interpreted in accordance with the laws of the Province or Territory in which you live and the laws of Canada, as applicable. If you live outside of Canada, this Agreement will be governed by and interpreted in accordance with the laws of the Province of Alberta and Canada, as applicable.

If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the remainder shall be enforced as fully as possible and the unenforceable provision shall be deemed modified to the limited extent required to permit its enforcement in a manner most closely approximating the intention of the Parties as expressed herein.

3) Definitions 

Account means a personal deposit account, business deposit account, credit card account or another account you have with us that can be accessed through Digital Services.

Authorization Credential refers to each secret and confidential combination of numbers, symbols, and/or letters selected by you, for your use, as a means of confirming your identity, authorizing transactions, and accessing services, in conjunction with your Username. Your Authorization Credentials include, but are not limited to, your PIN, biometric information such as fingerprints or facial features registered with Biometric ID, and/or any other information, such as access codes, passwords, passcodes, and anything else we permit in the future which allow you to use the Digital Services. Reference to “Authorization Credentials” throughout this Agreement refers to all Authorization Credentials that you have.

Refill Wallet refers to the In-App purchase of Micro Payment Tokens from the app store(s) that are added to the user's Micro Payment Token balance. 

Biometric ID means a feature, including “Touch ID” ,"Voice ID " and “Face ID” that uses biometric information such as auditable nuances, fingerprints or facial features, that is available (i) on some Mobile Devices, allowing you to unlock your Mobile Device, and (ii) on some Digital Services, allowing you to access or complete a Digital Services. 

A card Payment Terminal means a point-of-sale terminal at which Card Payments can be completed. 

Digital Access Device means a Mobile Device, personal computer or any other electronic device that we allow you to use to access the Digital Services.

Digital Service means any service provided by us, now or in the future, that we allow you to access through a Digital Access Device including, without limitation as further described in Attachment 1 to this Schedule ‘1’.

Hardware refers to any of the components integrated into the device as part of the whole. 

Mobile Application means the Blackbox mobile application Software downloaded to your Mobile Device from the applicable app store or from a Blackbox website.

Mobile Device means an internet-enabled smartphone, tablet, or any other wireless handheld computing device that we allow you to use to access Digital Services. 

Mobile Wallet means opened software application that enables you to access digital tokens and it’s corresponding product display & control panel. 

Micro Payment Tokens means digital tokens that are used as an internal currency payment system for the services that are being provided. 

Posting, Posted, Input means any & all data that is acquired by BlackBox Digital Services by any means whether it is known or unknown by the user. 

SIM card means a non-removable or a small removable smart card in a Mobile Device that houses the subscriber identity module (SIM).

Software means any application we make available for download including, without limitation, the Mobile Application (either directly through us or through a third party authorized by us to make such application available) to use Digital Services.

A username means a combination of numbers and/or letters that we may allow you to select.

We, our, us, Blackbox refers to or means “Blackbox Inc.” a Canadian Corporation.

You and your means the person who has registered for a Digital Service.

4) Data usage Consent & Conditions

By accepting these Terms you are authorizing Blackbox Inc. the rights to use your personal information in ways that are deemed necessary by Blackbox, this may include analyses by third-party service providers. 

The following applies to posting of all content,

You should assume that any content that you add or input to Blackbox Digital Services is and will be open to being viewed by anyone at any time.  Additionally, there is always a potential that some or all content may be lost, deleted, or your access to content denied, therefore it is your responsibility to maintain separate records that are accurate and complete.  You are agreeing to only post items for which you have legal ownership. Internal and Third-party systems may be used to verify or determine if you or another individual or entity is the legal owner and the item is subject to outstanding debts, or liens or has records that indicate that the legal ownership is shared. 

Your personal &/or corporate account information & any data that has been collected may be provided to appropriate Law Enforcement Agencies in the case(s) of Content that are deemed to have the potential of being lost or stolen property is or has been input to Blackbox Digital Services.  

Never input copyrighted or trademarked designs for which you or your company is not the legal owner. In the event that you violate the terms of this agreement, Blackbox reserve’s the right to (a) levy fees & or fines to be received as a donation, (b) suspend or terminate services.

You represent and warrant that: (i) you own the Content posted by you on or through the Blackbox Digital Services or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the Digital Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owed to any person by reason of content you post on or through the Digital Services.

Blackbox performs technical functions necessary to offer the Digital Services, including but not limited to transcoding and/or reformatting content to allow its use throughout the Digital Services.

Blackbox reserves the right to delete any content for any reason, without prior notice. Deleted content may be stored by Blackbox in order to comply with certain legal obligations and is not retrievable without a valid court order. Blackbox will not be liable to you for any modification, suspension, or discontinuation of the Digital Services, or the loss of any content.

The Digital Services contains content owned by Blackbox. Blackbox Digital Services content is protected by copyright, trademark, patent, trade secret and other laws, and Blackbox owns and retains all rights to the content.

5) Information Collection 

 Information we collect.

The following lists information types & why we collect it:

We collect, use and disclose this information for a variety of purposes as described in our Privacy Agreement including to:

You have allowed the app to obtain financial information (including transactional data) and other personal information you provide through the app or websites: 

(a) biometric information collection for improved account security & supply of services, 

(b) determine which settings are appropriate for your computer system,

(c) provide or enhance digital functionality and transaction options,

(d) assist in solving technical problems resulting from specific hardware or software configurations,

(e) identify connectivity (such as whether or not you are connected to a mobile or wireless network) and the location of your Digital Access Device,

(e) security and fraud detection and prevention purposes.

Blackbox reserves the right to reduce or prevent effective use of, or access to the digital platform for users who withhold consent to collect this information. Blackbox reserves the right to acquire any data and, or access any systems or hardware that is deemed necessary by Blackbox Inc. 

6) Website & Application Access Terms And Conditions

SCHEDULE ‘1’

General

By registering for the Digital Services you confirm that you have received and read this Agreement and that you agree with, and are bound by, its terms.

Your responsibilities include:

• keeping your Digital Access Device in your possession, in a safe place, and not letting anyone else use it;
• keeping your Authorization Credentials confidential and memorizing them;
• selecting Authorization Credentials that cannot be easily guessed, such as a combination selected from your name, date of birth, telephone number(s), address or social insurance number
• not disclosing your Authorization Credentials to anyone else at any time, including any family member, or friend;
• taking all reasonable precautions to ensure that no one else sees or learns of your Authorization Credentials;
• not storing your Authorization Credentials, other than your biometric information, on your Digital Access Device;
• not responding to text messages, pop-ups, emails or other Internet requests asking you for your Authorization Credentials or other personal information (even if such messages appear to be from Blackbox);
• enabling the locking feature on your Digital Access Device;
• using your own private wireless data connection, and avoiding use of public Wi-Fi services, when you are using Digital Services;
• always signing out or logging out of a Digital Services session using the applicable sign out or log out function;
• deleting, or having your wireless carrier delete, any Card credentials on your Mobile Device and/or SIM card prior to any voluntary transfer or disposal of your Mobile Device.

Lost, Stolen Username, or Authorization Credentials

You will notify a law enforcement agency immediately if:

(i) any Mobile Device containing the Mobile Wallet is, or you suspect that it is, lost or stolen;

(ii) Someone else has, or you suspect that someone else has your Username or Authorization Credentials;

(iii) Your Username or Authorization Credentials has, or you suspect that it has, become known to someone else or has otherwise been compromised.

You may notify us by selecting Report/ Personal Security Breach from within the Forgot Password service. 

In addition to notifying us, you must also do the following:

(i) For a lost or stolen Mobile Device containing the Mobile Wallet, you must contact your wireless carrier and have the carrier delete your Card credentials from your Mobile Device

Security of Biometric ID

Protecting the security of your Accounts from unauthorized access through Biometric ID is important. Do not allow any other persons to register their fingerprints or any other biometric information on your Mobile Device. If the biometric information of another person is used to conduct transactions on your Accounts, such transactions will be deemed to be authorized by you.

You will notify local law enforcement immediately if access through Biometric ID has, or you suspect that it has, become compromised.

Blackbox reserves the right to change, suspend or discontinue the use of Biometric ID on its Mobile Application, or any other Software or any Digital Service that it provides, at any time without notice.

Blackbox reserves the right to access device hardware systems and the data acquired by the hardware.  Refusal to allow access to devices hardware is grounds for suspend of access to blackbox digital services. 

Terms & Conditions applicable to Digital Services

The terms of this Agreement apply to all Digital Services. A description of certain Digital Services and additional terms and conditions that apply to them are set out in Attachment 1 to this Schedule ‘1’.

Product and Transaction Charges & Fees

You agree to pay and we may deduct, without notice, from any of your Accounts (even if this creates or increases an overdraft) the following:

 (i) Micro Payment Tokens,

(ii) Transaction charges or service fees imposed by financial institutions (inside or outside Canada) for each transaction conducted. You should contact your other financial institutions for information on these transaction charges and service fees.

Transaction Records/Confirmation Numbers

At the completion of each Digital Services transaction, you will be given the option of accessing a transaction record, or you will be provided with a reference number. If your Credit Card, Bank Card or Digital Payment System is used for a Payment we may arrange for a third party, such as a merchant, to provide Blackbox with a transaction record.

Your Liability

 Where you are liable for the transactions on your Account(s) pursuant to this “Your Liability” Section, you understand that this liability is in addition to any liability for those transactions that you have under any credit agreements and other agreements that apply to your Accounts or as are set out in any other section of this Agreement.

Our Liability

We are not liable to you for any delay, loss, damage, or expense that you incur or any inconvenience that results from our providing or failing to provide any service.

 We are not responsible for damages arising from your acts or omissions or those of any third party, nor for any accident, act of aggression, theft, loss or damage you may suffer while using digital services or other services. To the extent that we may be liable to you, we will only be liable for direct damages. To the extent not prohibited by law, in no event, even if we are negligent, will we be liable to you for any incidental, special, indirect, consequential or punitive damages, including, but not limited to, damages for lost profits, lost or damaged or corrupted data, business interruption or any other commercial damages or losses arising out of or related to your use of any service, however caused and regardless of the basis of the cause of action including, but not limited to, contract or tort even if we have been previously advised of the possibility of such damages.

Our liability is subject to the limitations set forth in this section, any other section of this agreement, and any other applicable agreements.

We are not liable to you if a store, retailer or merchant does not accept your Card at any time or if you cannot use your Card or your Authorization Credentials at any time or for any reason, including if we cancel or temporarily de-activate your Card or decline to authorize a transaction because we have detected activity in your Account or the use of the Card that we consider to be unusual.

We are not liable to you for any damages arising from sensitive information appearing on your Digital Access Device, whether or not the screen is locked. For clarity, you are responsible for ensuring such information is not accessible by any other person even if, through a Digital Service for example, such access does not require unlocking the screen.

Accepting Our Records

You must ensure that you regularly check your Account transaction history and Inventory to verify that all transactions have been properly recorded and that you have not been the victim of fraud. Our records respecting a Digital Services transaction, and our determination of the details of that transaction, will be considered correct and binding on you, and no remedy will be provided in the event of a dispute. 

Transactions involving Accounts with insufficient Micro Payment Tokens at the time of processing may be rejected.

You acknowledge that once you have confirmed the details of a payment or transfer, you may not revoke or stop the payment of the transfer unless it is a post-dated transaction. 

We may at our discretion and without prior notice, refuse a request for authorization of any Digital Services transaction, and may notify third parties of such refusal as we think necessary. In exercising such discretion, we may take into account in calculating the funds available; any funds that we determine have been credited or debited to an Account.

Resolving Disputes

We do not verify, nor are we required to verify, that any purpose for which the payment is made has been fulfilled by the Vendor as a condition of honoring your payment request on your Account.

For all unauthorized claims, we will investigate the transaction and a determination regarding whether any reimbursement will be provided will be made based upon the investigation.

No funds or only partial funds will be reimbursed if our investigation determines that on the balance of probabilities, you contributed to the unauthorized use of the Username, Authorization Credentials, and/or Digital Services. If we cannot settle the complaint in your favor, you may be informed of the reasons for Blackbox’s position in the matter.

Refunds from Merchants

Where a store, retailer or merchant becomes liable to make any refund to you, we will credit the designated Account with the refunded amount only upon our receipt of a properly issued credit voucher or other appropriate verification or authorization of the refund from the store, retailer or merchant.

We may at any time, without notice, cancel or vary the whole or any part of the Digital Services (including technical and security requirements as well as functionality and features) from use.

No Digital Services transactions will be processed after the cancellation of the applicable Digital Service.

Other Agreements, Fees and Charges

You acknowledge that, in addition to all fees, charges, terms and conditions set forth in this Agreement, your Accounts are also subject to all fees, charges, terms, and conditions set forth in any other agreements and documentation applicable to your Accounts and/or your use of the Digital Services. You acknowledge that BlackBox may at any time alter the fees, charges or rates for services provided by Blackbox.

Further Provisions Regarding the Digital Services

Carrier Plan(s). You acknowledge that your ability to use Mobile Wallet relies on you having an appropriate active data plan and service for your Mobile Device. It is your responsibility to determine if your wireless carrier provides and/or supports data plans and Internet browsing as applicable to Mobile Wallet. You understand that these services may no longer be available in the event that the data or other services for your Mobile Device terminates, lapses or is suspended. You are also responsible for any fees imposed by your wireless carrier and/or Internet service provider, including charges applicable when accessing Digital Services abroad.

 Operating Systems, Browsers, Mobile Devices and Computer Hardware. While we aim to support the use of Mobile Wallet, and other Software and/or Digital Services that we provide, on most popular operating systems, Browsers, Mobile Devices, and computer hardware (collectively, “platforms”), we have no obligation to support, or continue to support, the use of these Digital Services on all platforms.

We will not support the use of any Digital Service that we provide, including Mobile Banking and Mobile Wallet on any Mobile Device that has been jailbroken, tampered with, rooted or otherwise modified by any person, be it at a hardware or operating system level, and you acknowledge that we will have no liability whatsoever for any losses suffered by you in connection with the use of such modified Mobile Device by any person.

 

Software Updates, Support and Deletion. When you use Software, including the Mobile Application that you downloaded to your Mobile Device, you agree you will maintain the Software up to date as we release new versions. Blackbox only supports the current version and immediately previous version of any Software. You can uninstall the Software at any time in accordance with instructions provided by the provider of the operating system for your Mobile Device.

In the event that you download any Software to your Digital Access Device, we grant you a non-exclusive, non-transferable, revocable license to use the Software to receive the applicable services. This license will terminate on the earlier of when you terminate your use of the Software or when we terminate the license to you (whether by ceasing to provide the applicable services to you or otherwise) and you must delete the Software at that time.

No Warranty. The digital services and Software are provided “as is” and “as available” with all faults and without any warranty of any kind and we hereby disclaim all warranties and conditions with respect to the digital services and Software including, but not limited to, any express or implied warranty and/or conditions of merchantability or fitness for a particular purpose or non-infringement. We provide no warranty that the digital services or Software will meet your requirements or that the operation of the digital services or Software will be uninterrupted or error free or that any defects in the Software will be corrected by us, or that your transmissions will not be misdirected or intercepted.

 We or our licensors are the owners or licensed provider of all intellectual property and other proprietary rights in the services and the Software.

Restrictions regarding your use of Digital Services and Software. 

You will not:

(i) alter, modify, adapt or translate the whole or any part of the Digital Services or the Software, nor will you duplicate, compile, disseminate, reverse engineer, disassemble, decompile, disable any features, merge with other software, tamper with proprietary labels, or otherwise derive the source code for the Software or component thereof, in whole or in part;

(ii) use any component of the Software in an attempt to gain access to interconnecting software applications to perform any of the activities described above; or

(iii) cause damage to any of the websites, servers, systems or equipment used in the provision of the Digital Services including those of any third party, and you may not access or attempt to access any user data or to penetrate any of the security measures relating to the Digital Services.

Should you fail to comply with any of the above requirements you will be responsible for any and all related losses and you will indemnify and hold us, our affiliates and licensors harmless from any and all alleged, threatened or actual claims in respect thereof.

You agree that no Blackbox partner, licensor or service provider (which includes, with respect to app store providers Apple Inc. and Google LLC) nor any of their respective licensors and/or affiliates, will have any obligation to you to provide any maintenance or to support the Digital Services with respect to any Software nor will they have any liability whatsoever (to you or any third party) in relation to the Software or Digital Services, including without limitation, in relation to any sale, distribution, use, performance or non-performance of the Software or Digital Services. You also acknowledge that each of them will be third-party beneficiaries solely with respect to the terms in this “Software” Section and therefore will be entitled to enforce the terms of this “Software” Section against you.

7)  Cookies and Tracking Technologies.

 When you use a Digital Service on your Digital Access Device, we may collect information about your Digital Access Device including IP address, operating system, model, and name of your wireless carrier/internet service provider, settings, and locational data, as well as personal information such as transaction data, online activity, and use of the Digital Services. Some of this information is collected via a “cookie”, which is a piece of data that a web server creates when you visit a website. This data is typically encoded information about how and when you use a website. It may be placed on your Digital Access Device in the form of a small text file

Global Privacy 

Blackbox Digital Services operates wholly under the jurisdiction of Canada and the Regulations set out by the Canadian Government. Accessing Blackbox Digital Services in a foreign nation, creating an account or posting data by a non-resident or non-citizen from locations not within the physical jurisdiction of Canada is deemed to be operating or accessing the property of Blackbox Inc. within the jurisdiction of Canada. No right is given to access user data or the content of Blackbox Digital Services to any foreign entity or nation.  Any attempt to prevent access to, or intercept communication to Blackbox Digital Services is a violation of the terms of use.