PLEASE READ THESE TERMS OF USE (“Agreement”) CAREFULLY. By purchasing and using The Blackbird Wallet (“Blackbird, product, item, or merchandise”), you agree to be bound by the terms and conditions of this Agreement. This Agreement is binding between you (sometimes referred to as “you” or “your”) and AmmbrTech, Inc. and its subsidiaries and affiliates (collectively referred to as “us”, “our”, or “we”).

This Agreement has been prepared as a legally binding agreement that conditions your use of the product.  DO NOT USE THE PRODUCT IF YOU DO NOT AGREE TO THESE TERMS OF USE.

The Blackbird Wallet is a cryptographic hardware wallet device with intended for securely storing Bitcoin and other tokens as functionality is added with new firmware updates to be installed by the purchaser if provided and the purchaser chooses to do so.

  1. Warranties. Under the contemplated and intended use of the product and for one (1) year from the date of purchase (the “Warranty Period”), we warrant: (a) the product to be free from defects resulting from faulty manufacture and/or faulty components and (b) the product to be free from material defects in workmanship.
  2. Warranties Not Transferable.

    The warranties are non-transferable and are enforceable only by the original purchaser. Any product that has not been purchased as new from us or our authorized vendor and/or its associates is expressly excluded from the warranties. The warranties do not apply to products that are obtained as a result of the purchase of a product not sold by us.

  3. Warranty Limitations.  We offer no warranty for pre-installed software, its quality, performance, functionality, or compatibility for a particular purpose. We do not warrant that the functions contained in the software will meet specific requirements or that the operation of the software will be uninterrupted or error-free.

    To the extent permitted by applicable law, the warranties do not apply to:

    • normal wear and tear;
    • damage resulting from accident, abuse, misuse, neglect, improper handling or improper installation;
    • damage or loss of the product caused by undue physical or electrical stress, including but not limited to moisture, corrosive environments, high voltage surges, extreme temperatures, shipping, or abnormal working conditions;
    • damage or loss of the product caused by acts of nature including, but not limited to, floods, storms, fires, and earthquakes;
    • damage caused by operator error, or non-compliance with instructions as set out in accompanying documentation;
    • alterations by persons other than Us, associated partners or authorized service facilities;
    • products, on which the original software has been replaced by software modified by persons other than Us;
    • counterfeit products;
    • damage or loss of data due to interoperability with current and/or future versions of operating system, software and/or hardware;
    • damage or loss of data caused by improper usage and behavior which is not recommended and/or permitted in the product documentation;
    • failure of the product caused by usage of the products not supplied by Us.

    This warranty gives you specific legal rights. You may also have other rights granted under the law which vary from country to country. Some jurisdictions do not allow the exclusion or limitation of warranties or incidental or consequential damages, so some of the above limitations or exclusions may not apply to you.

  4. Warranty Service Procedure.  In order to pursue any remedy under this limited warranty, you must verify you are the original purchaser by providing the order number or a dated electronic receipt as proof of purchase from us or an authorized vendor and your product’s serial number. The serial number can be located on the back of the device.

    Before returning the product, please make sure to have your recovery seed and if possible, wipe the device and reset it. We are not responsible for damages to or loss of any data, or other value stored in the product while it is in transit to us, stored, or inspected. We may not repair the same device for you and, regardless, we will wipe all data from the repaired device to return it to a ‘like new’ state. Your only means for recovering data or bitcoin on your device is through your recovery seed.

    We will undertake to repair, or based on our discretion, to replace a defective product by an identical or similar (e.g., newer) version of the product unless the defect was the result of Warranty limitations. The repair or replacement of the product is free of charge for the parts, components, and labor necessary in order to perform the repair and restore the product’s proper operating condition, provided the unit is returned otherwise undamaged and shipping paid by you, including insurance, to our service processing facility. For your convenience we may provide you with a prepaid shipping label; however, before we ship a replacement device to you, we will require reimbursement of the prepaid shipping cost paid by us.

    The costs incurred in connection with the returning of the product to our service processing facility shall be carried by the product owner. If the product is returned uninsured, you assume all risks of loss or damage during shipment.

  5. Full Refund. If you purchased the device directly from us, you must initiate a Product return request via our website Support Center, provided such return request is initiated within forty-five (45) days upon the delivery of the product to you. To qualify for a full refund, the product(s) must be returned in undamaged condition. We will issue a full refund of your order minus the original shipping charges. For refund of the product(s) obtained through Bitcoin or other cryptocurrency payments, please read Returns of Merchandise paid in cryptocurrency. You are entitled to receive a full refund in case of canceling your order before your item was confirmed as Shipped.
  6. Defective Product and Returns Due to Product Error.  If the item you ordered is damaged or defective at the time of its receipt, you may return it in order to get a replacement of the product. Such return must be initiated within fifteen (15) days upon the receipt of the product. A replacement order will be shipped when the original item is received and processed at our service processing facility. If the returned product is not defective, return shipping fees will be charged to you.
  7. Refund Timing. The refund will be executed within two (2) weeks upon the receipt of the returned device. All refunds are issued by the method of payment used by you to pay for the product, subject to Returns of Merchandise paid in cryptocurrency if you paid in cryptocurrency. Once your return is processed, we will send you a confirmation email.
  8. Returns of Merchandise Paid in Cryptocurrency.  Any cryptocurrency refund is calculated based on the USD value customer paid for the merchandise and may be paid, in our discretion, in cryptocurrency or USD according to the exchange rate at the time the refund is issued. The refund will be processed to an appropriate address provided by you to our Support during the return process. Credit card or debit card refund will be refunded with the appropriate USD amount to the cardholder‘s account.

    Unlike traditional banking transfer, the cryptocurrency transactions are not reversible, and a refund of an incorrectly transmitted payment cannot be enforced. Please note that you are entirely responsible for the correctness of the provided address and that you hereby agree that you bear any consequences and financial loss incurred from providing incorrect payment instructions to our service processing facility.

  9. How to Contact Us.  In the event that the product proves defective during the Warranty Period, please follow these instructions:
    1.    Contact us via our website support center. Please provide the required information about the defects of your product. Our Support team will assist you to identify the cause of the defect and if possible, resolve it through email or other communication.
    2.    If your defect cannot be resolved as described under 1), our Support will open a Return Request procedure. To receive priority assistance, identify the merchant or website address where you purchased your product, the date of your purchase, your email address, and your invoice or receipt number.
    3.    Our Support will provide you with a mailing address for returning the product for inspection and further instructions.
    4.    You will be able to follow the Return process in the Order details on our website or an authorized vendor and/or its associates’ website or request the status update from our Support.

    For products not directly purchased from us, but through an approved reseller, please contact the reseller about their refund policies and procedures.

  10. No Guarantees. THE PRODUCTS ARE PROVIDED “AS IS”. WE DO NOT WARRANT OR MAKE ANY PROMISES REGARDING THE CORRECTNESS, USEFULNESS, ACCURACY, AVAILABILITY, OR RELIABILITY OF YOUR USE OR THE RESULTS OF YOUR USE OF THE SERVICES. OTHER THAN SET FORTH HEREIN, THERE IS NO WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. NO ADDITIONAL STATEMENTS OUTSIDE THE TERMS OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE, WHETHER MADE BY OUR EMPLOYEES OR OTHERWISE, IS A WARRANTY OR PROMISE BY US AND WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY SUCH STATEMENTS. WE WILL HAVE NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY CONTENT.
  11. We Are Not Liable to You For Your Use of the Products. We are not responsible for any damages to you or anyone filing suit on your behalf for any reason. AMMBRTECH, INC.  AND ITS SUPPLIERS, LICENSORS, PARENT, OR AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ASSIGNEES OR SUCCESSORS-IN-INTEREST, WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, CLAIMS, DEMANDS, LOST PROFITS, OR CAUSES OF ACTION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RELATING TO THIS AGREEMENT, YOUR USE OF THE SERVICES OR ANY INFORMATION YOU OBTAIN ON IT, OR ANY OTHER INTERACTION WITH THE SERVICES AND YOU VOLUNTARILY AND UNEQUIVOCALLY WAIVE ANY LIABILITY OF AMMBRTECH, INC.

    IN ANY EVENT, THE MAXIMUM TOTAL LIABILITY OF AMMBRTECH, INC., ITS SUPPLIERS, LICENSORS, PARENT, OR AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND ASSIGNEES OR SUCCESSORS-IN-INTEREST, FOR ANY CLAIM WHATSOEVER RELATING IN ANY WAY TO THIS AGREEMENT, INCLUDING CLAIMS FOR BREACH OF CONTRACT, TORT (INCLUDING, NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE, AND YOUR SOLE REMEDY SHALL BE AN AWARD FOR DIRECT, PROVABLE DAMAGES NOT TO EXCEED ONE THOUSAND DOLLARS ($1000.00).

  12.  Governing Law; Exclusive Jurisdiction.  This Agreement will be governed by and construed in accordance with the laws of the State of Texas, without regard to conflicts of laws principles.  Any proceeding, claim, litigation, suit, or other action arising out of, or relating to, this Agreement or any use or attempted use by you of any of our products, whether based in contract, tort, or otherwise (each, a “Proceeding”), shall be brought in the courts of the State of Texas, Dallas County, or, if it has or can acquire jurisdiction, in the United States District Court for the Northern District of Texas, and you hereby (a) irrevocably submit to the exclusive jurisdiction of each such court in any such Proceeding, (b) waive any objection you may now or hereafter have to venue or to convenience of forum, (c) agree that all claims in respect of such Proceeding shall be heard and determined only in any such court, and (d) agree not to bring any Proceeding in any other court. Each of you and we acknowledges and agrees that this Section constitutes a voluntary and bargained-for agreement.
  13.  WAIVER OF TRIAL BY JURY.  YOU HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE YOUR RIGHT TO TRIAL BY JURY IN CONNECTION WITH ANY PROCEEDING.
  14.  CLASS ACTION WAIVER.  Any arbitration or court trial of any Proceeding will take place on an individual basis without resort to any form of class or representative action (the “Class Action Waiver”). THE CLASS ACTION WAIVER PRECLUDES YOU FROM PARTICIPATING IN OR BEING REPRESENTED IN ANY CLASS OR REPRESENTATIVE ACTION WITH RESPECT TO A PROCEEDING. Regardless of anything else herein, the validity and effect of the Class Action Waiver may be determined only by a court or referee and not by an arbitrator. You and we acknowledge that the Class Action Waiver is material and essential to the resolution of any dispute between us. YOU AND WE ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL A CLASS ACTION BE ARBITRATED.