Shield Security, Inc. Terms of Service
Last Update: 8 October 2024
PLEASE MAKE SURE YOU FULLY READ AND UNDERSTAND THESE TERMS AND
KEEP THEM FOR FUTURE REFERENCE. THESE TERMS INCLUDE A WAIVER OF
YOUR RIGHT TO PARTICIPATE IN CLASS OR REPRESENTATIVE ACTIONS AND
AN AGREEMENT TO RESOLVE DISPUTES BY ARBITRATION ON AN INDIVIDUAL
BASIS. PLEASE REFER TO CLAUSE 16 FOR ADDITIONAL DETAILS.
1. Introduction
1.1. The Shield Security, Inc services (described below) are provided to you by Shield Security,
Inc. a Delaware corporation (together with its Affiliates "Shield Security") and/or the relevant
Affiliate(s) providing services in your area for the particular service or services you access.
These Terms supersede and override all prior terms and conditions and agreements pertaining to
your use of the Shield’s services.
1.2. These terms and conditions ("Terms" or "T&Cs") together with any attached country
annexes, product schedules, and/or Addenda (together "Annexes") (if any) each of which
Annexes may be updated from time to time independently of these T&Cs will apply to your use
of the Shield’s services. Please take the time to read and understand these Terms before using our
services so that you are aware of your legal rights and obligations. In the event of any conflict or
inconsistency between these Terms and any Annex including but not limited to provisions related
to governing law and forum arbitration, class waivers, and dispute resolution these Terms shall
prevail and control except where an Annex expressly overrides these Terms with specific
reference to this Clause 1.2.
1.3. We reserve the right to change or modify any of the terms and conditions contained in the
Terms or any policy governing the use of Shield’s services at any time and in our sole discretion.
Any changes or modifications will be effective immediately upon posting of the revisions and
you waive any right you may have to receive specific notice of such changes or modifications.
Your continued use of the Shield’s services following the posting of changes or modifications
will confirm your acceptance of such changes or modifications.
1.4. Acceptance of Terms. Your acceptance of the Terms occurs when you take the earliest of any
of the following actions: (i) signing up for a Shield account or any aspect part or component of
the Shield; (ii) using the Shield App or Services; (iii) receiving the Terms or notice of the Terms
including in connection with any transaction with Shield whether by email in the Shield App via
our website or by any other means not inconsistent with the electronic delivery provisions set
forth in these Terms; (iv) giving Shield a written or electronic signature clicking “I accept” or “I
agree” to be bound as applicable; or (v) installing using updating or otherwise interacting with
your Shield App. Upon taking any of the foregoing actions you shall be deemed to have entered into a binding contract with us and shall be deemed to have expressly read understood and
agreed to be bound by these Terms.
1.5. Without limiting abridging or modifying the foregoing Acceptance of Terms by using the
Shield and/or completing the sign-up process you acknowledge that you are entering into a
binding contract with us and shall be deemed to have expressly read understood and agreed to be
bound by these Terms.
1.6. Definitions and Interpretation. In these Terms:
"AAA Rules" shall have the meaning ascribed to the term in Clause 16.4;
"Applicable Law" means any law rule statute subordinate legislation regulation by-law order
ordinance protocol code guideline treaty policy notice direction or judicial arbitral administrative
ministerial or departmental judgment award decree treaty directive or other requirement or
guideline published or in force at any time which applies to or is otherwise intended to govern or
regulate any person (including all parties to these Terms) property transaction activity event or
other matter including any rule order judgment directive or other requirement or guideline issued
by any governmental or regulatory authority;
"Affiliate" means a person entity or company directly or indirectly controlling controlled by or
under direct or indirect common control with another person entity or company;
"Annex" or “Annexes” shall have the meaning ascribed to the term in Clause 1.2; "Clause"
means each numbered provision or section of these T&Cs;
“Customer Data” shall have the meaning ascribed to it in Clause 11.2;
"Shield App" means the mobile application software developed owned and released by Shield
and available for download for Android or Apple iOS including all content and services listed in
Clause 2.1 and made available on or through the same and any and all updates’ upgrades
supplements releases and versions thereof;
"Shield Services" or "Services" refers to the Service Content and all related features services
content and applications described in Clause 2.1 which Shield may make available to you on the
Shield App and Site from time to time in respect of your Digital Assets. The Shield App Services
shall specifically comprise the services set forth in Clause 2.1.
"Digital Asset" or “DA” means cryptographic tokens digital currencies cryptocurrencies or
virtual currencies or digital assets of any types that have been approved by Shield for support in
the Digital Asset Wallet;
"Digital Asset Conversion" shall have the meaning ascribed to the term in Clause 2.4; "Digital
Asset Transfer" shall have the meaning ascribed to the term in Clause 2.5;
"Digital Asset Wallet" means any and each hosted Digital Asset wallet provided by Shield as
may be offered through the Shield App Services from time to time either upon opening an
account or thereafter;
“Eligible Card” means any payment card that is accepted by Shield as a means of payment for
Fiat to DA Conversion;
"Enabled Device" means each communications computing or other device or account registered
by you or otherwise used by you regardless of whether you own such device for use in
connection with the Shield App including but not limited to your computer mobile phone email
account and phone number;
"Erroneous Top-up Instruction(s)" shall have the meaning ascribed to the term in Addendum 1;
"Erroneous Withdrawal Instruction(s)" shall have the meaning ascribed to the term in of
Addendum 1;
“FAA” shall have the meaning ascribed to the term in Clause 16.5;
"Fees" means all fees imposed by us for the use of the Shield Services and/or Digital Asset
Wallet;
“Fiat” means a government-issued currency that is not backed by a physical commodity for the
purposes of these Terms the United States Dollar (USD);
"Fiat to Digital Asset Conversion" or "Fiat to DA Conversion" shall have the meaning ascribed
to the term in Clause 2.3;
"Fiat Top-up" shall have the meaning ascribed to the term in Addendum 1;
"Fiat Top-up Fees" shall have the meaning ascribed to the term in Addendum 1;
"Fiat Wallet" means one of the wallets in the Shield Security App which holds fiat funds
topped-up through bank transfer in accordance with Addendum 1;
"Fiat Withdrawal" shall have the meaning given to it in Addendum 1;
"Fiat Withdrawal Fees" shall have the meaning given to it in Addendum 1;
"Force Majeure Event" means an event or failure which is beyond our reasonable control
including without limitation (i) acts of God nature (including without limitation natural disasters
epidemics and pandemics) court or domestic or foreign governmental authorities; (ii) failure or
interruption in public or private telecommunication networks communication channels or
information systems; (iii) acts or omissions of acts of a party for whom we are not responsible;
(iv) delay failure or interruption in or unavailability of third party services and sites; (v) strikes
lockouts labor disputes wars civil unrest terrorist acts and riots; (vi) viruses malwares other
malicious computer codes or the hacking of any part of the Shield Services;
"Fork" means changes in operating rules of the underlying protocols of a Digital Asset that may
result in: (a) more than one version of that Digital Asset; (b) material changes in the value
function and/or the name of a Digital Asset; and/or (c) Shield holding an amount (which may be
an identical amount) of Digital Assets associated with each forked network in each case as
determined by us in our sole discretion.
"Forked Network" shall have the meaning ascribed to the term in Clause 4.3.1.1; "Gift Card"
shall have the meaning ascribed to the term in Addendum 6;
"Gift Card Issuer" shall have the meaning ascribed to the term in Addendum 6; "Gift Card
Provider" shall have the meaning ascribed to the term in Addendum 6;
"Gift Card Redemption Instructions" shall have the meaning ascribed to the term in Addendum
6;
"Instructions" means all information instructions communications orders or messages (including
those relating to payments transfers or other transactions) referable to you;
"Lockup" or "Lock up" means the holding of any Digital Assets in your account for an agreed
period of time;
“New Forked Asset” shall have the meaning ascribed to the term in Clause 4.3.1.1; “Notice”
shall have the meaning ascribed to the term in Clause 16.4;
"Pay Airtime" shall have the meaning ascribed to the term in Addendum 7;
"Pay Airtime Redemption Instructions" shall have the meaning ascribed to the term in
Addendum 7;
"Pay Rewards" shall have the meaning ascribed to the term in Addendum 5; "Payment Service
Partners" shall have the meaning given to it in Addendum 1; "Permitted Bank Account" shall
have the meaning given to it in Addendum 1;
"Personal Data" means any information relating to an identified or identifiable natural person; an
identifiable natural person is one who can be identified directly or indirectly in particular by
reference to an identifier such as a name an identification number of location data an online
identifier or to one or more factors specific to the physical physiological genetic mental
economic cultural or social identity of that natural person;
“Prior Asset” shall have the meaning ascribed to the term in Clause 4.3.1.1 "Privacy Notice"
shall have the meaning ascribed to the term in Clause 7.5.1; "Security" shall have the meaning
ascribed to the term in Clause 12.8;
"Service Content" means data information materials advertisements text audio video graphics
software and other content on the Site and Shield Security App;
"Site" means the website at www.getshield.xyz and all related components;
"Taxes" means any taxes duties or fees that incurred required to be collected paid or withheld for
any reason in connection with your use of the Services under any Applicable Law;
"Terms" or "Terms and Conditions" or "T&Cs" shall have the meaning ascribed to the term in
Clause 1.2;
“Third-Party Digital Wallet Application” means any digital wallet mobile application that allows
users to store Eligible Card information on and make payments with an eligible mobile device;
"Trademarks" shall have the meaning ascribed to the term in Clause 11.1.1);
"Transaction" shall have the meaning ascribed to the term in Clause 10.1;
"Transaction History" means records of all transactions and any details relevant to such
transactions on your Digital Asset Wallet or the Shield App or Site generally;
"Unsupported Forked Network" shall have the meaning ascribed to the term in Clause 4.3.1.1;
"we/us/our" means Shield;
"Withdrawal Bank Account" shall have the meaning given to it in Addendum 1; and
"you/your" means the individual who is the user of the Services.
2. Services
Shield Security Inc may integrate or work with third-party services. By using the Services, you agree to be bound by the terms of service of these third parties, including but not limited to Bridge’s Terms of Service and Privacy Policies, which can be found here. Shield Security is not responsible for the actions or omissions of any third-party services.
The Shield App is the interface that allows you to use and interact with the Shield App services.
The Shield App services include the services set forth in this Clause 2. Some of these services
may not be available to you depending on your jurisdiction or for other reasons. Without limiting
anything in these Terms to the extent that you choose to use those services that are available to
you agree to be bound by the terms specifically applicable to such services as set forth in the
applicable Addenda.
The Shield App services shall specifically comprise the following services to the extent available
or offered in your jurisdiction:
2.1. Hosted Digital Asset Wallets provided by Shield that allow you to top-up Digital Assets
from external wallets and store Digital Assets with Shield;
2.2. Fiat Wallet which allows you to hold fiat currency which can be used to purchase Digital
Assets and fiat proceeds from the sale of Digital Assets; make deposits and withdrawals of fiat
currency; withdraw and/or deposit funds to/from affiliated trading accounts; among other
features. Fiat Wallet operations are handled by licensed partner payment service providers and
bank partners. Terms specific to the Fiat Wallet are more fully set forth in “Addendum 1” and
references therein;
2.3. A fiat currency to Digital Asset conversion service under which you may convert fiat
currency into any type of Digital Asset to be held in your Digital Asset Wallet ("Fiat to DA
Conversion");
2.4. A Digital Asset conversion service under which you may convert a Digital Asset into
another Digital Asset ("Digital Asset Conversion");
2.5. A Digital Asset transfer service under which you may transfer any Digital Asset to another
recipient which may be the Digital Asset Wallet of another user of the Shield Security App
Services or an external recipient ("Digital Asset Transfer"). Digital Asset transfers are handled
by our licensed affiliate entity, Shield Security Spółka Z Ograniczoną Odpowiedzialnością, along
with licensed partner payment service providers and bank partners. Terms specific to top-ups to
Digital Asset Wallet Fiat to DA Conversion and Digital Asset Transfer are more fully set forth in
“Addendum 2” and any references therein;
2.6. Any incentive program(s) (including but not limited to any kind of reward cashback Lock up
or referral programs) that may be launched or offered via the Shield App or the Site from time to
time.
2.7. Any other products or services listed in the Annexes (if any) or shown on the Shield Security
App or our official communication channel from time to time.
3. Reservation of Rights
3.3.1. We reserve the right in our sole discretion and without incurring any liability to you to:
3.3.1.1. update change remove cancel suspend disable or restrict access to or discontinue the
Shield App services or change any features component or content thereof or to delist from the
Shield App services or otherwise cease to support any Digital Asset;
3.3.1.2. decline suspend cancel reverse void or partially execute any Fiat to DA Conversion
Digital Asset Conversion or Digital Asset Transfer Instruction; and
3.3.1.3. reverse cancel claw back changes any terms or refuse to honor any reward bonus or
pay-out for any incentive programs regardless of your entitlement.
3.3.2. We reserve the right to suspend restrict and/or terminate your access to any or all of our
Services and to deactivate your account including without limitation:
3.3.2.1. where it is our reasonable opinion that we are required to do so by Applicable Law or
any court or other adjudicating authority to which we are subject in any jurisdiction;
3.3.2.2. upon reasonable suspicion that you may be in breach of these Terms or are otherwise
trying to circumvent these Terms or abusing any of our incentive schemes;
3.3.2.3. upon reasonable suspicion that a transaction is fraudulent or erroneous;
3.3.2.4. upon reasonable suspicion that your account has been compromised or the Services are
being used in a fraudulent or unauthorized manner;
3.3.2.5. upon reasonable suspicion of money laundering terrorist financing fraud or any other
financial crime; upon reasonable suspicion that you are conducting any fraudulent or illegal
activities including but not limited to any Ponzi scheme pyramid scheme phishing or dark-net
transactions;
3.3.2.6. where any of your Digital Asset Wallets and/or Fiat Wallet or you are subject to pending
litigation investigation or government proceedings including litigation that is brought or
threatened against Shield Security; and
3.3.2.7. for any other reason which we reasonably deem it is appropriate to do so.
3.3.3. In the event we decide
to take any action under Clause 3.3.2 above we will wherever possible provide you with
reasonable prior notice but we may not always be able to do so (for example where we need to
take immediate action). In such case we will notify you promptly after the fact and give the
reason for our action unless such notification is prohibited by law.
4. Digital Assets
4.1. Ownership of Digital Assets.
All Digital Assets held in your Digital Asset Wallet are custodial assets held by Shield for your
benefit as the owner of the Digital Asset in the same way as a bank holds cash deposits for the
benefit of its customers. Title to Digital Assets shall at all times remain with you and shall not
transfer to Shield. Custody of digital assets is handled by our licensed affiliate entity, Shield
Security Spółka Z Ograniczoną Odpowiedzialnością, along with licensed partner payment
service providers. As the owner of Digital Assets in your Digital Asset Wallet you shall bear all
risk of loss of such Digital Assets. Shield shall have no liability for fluctuations in the fiat
currency value of Digital Assets held in your Digital Asset Wallet.
You hereby irrevocably grant us the right to access, hold and/or freeze your Digital Asset
Wallet(s) if we reasonably determine that you have committed fraud or a crime or if we
reasonably believe that you are taking or have taken actions that violate these Terms.
4.2. Control of Digital Assets.
All Digital Assets held in your Digital Asset Wallet are custodial assets held by Shield for your
benefit as the owner of the Digital Asset. We do not have the authority to sell or transfer title or
ownership of your Digital Assets held by us.
5. Transactions
5.1. Initiating Transactions.
To initiate a transaction, you must submit a request through the Shield website. All transactions
must be confirmed and authorized in accordance with the procedures set forth in these Terms.
We reserve the right to decline any transaction request for any reason. Transactions are
irrevocable once confirmed and authorized. Transactions and payment processing are handled by
our licensed affiliate entity, Shield Security Spółka Z Ograniczoną Odpowiedzialnością, along
with licensed partner payment service providers and bank partners.
5.2. Transaction Fees.
We reserve the right to charge fees for the use of the Shield services. All applicable fees will be
displayed prior to the completion of a transaction, and you will be required to confirm
acceptance of the fees before the transaction can be completed.
6. Security
6.1. Security Measures.
We have implemented security measures designed to protect your Digital Assets from
unauthorized access and theft. These measures include encryption, multi-factor authentication,
and regular security audits. However, no security system is impenetrable, and we cannot
guarantee the absolute security of your Digital Assets.
7. Privacy and Data Protection
7.1. Privacy Policy.
We are committed to protecting your privacy and personal information. Our Privacy Policy,
which is incorporated by reference into these Terms, describes how we collect, use, and disclose
your personal information. By using the Shield’s services, you agree to the terms of our Privacy
Policy.
8. Intellectual Property
8.1. Ownership of Intellectual Property.
All intellectual property rights in the Shield App, the Shield website services, and all related
content and materials are owned by Shield or its licensors. You are granted a limited,
non-exclusive, non-transferable, revocable license to use the Shield App and the Shield website
services for your personal use only, subject to these Terms.
9. Indemnification
You agree to indemnify, defend, and hold harmless Shield, its affiliates, and their respective
officers, directors, employees, and agents from and against any and all claims, liabilities,
damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in
any way connected with your use of the Shield’s services or your violation of these Terms.
10. Dispute Resolution
10.1. Arbitration.
If a disagreement or dispute arises that involves the Shield or the Terms and cannot be resolved
between the parties with reasonable effort, the disagreement or dispute shall be resolved
exclusively by final and binding arbitration administered by the American Arbitration
Association (AAA). The arbitration shall take place in Atlanta, Georgia, USA, and will be
conducted before a single arbitrator pursuant to the applicable Rules and Procedures established
by the AAA.
11. Miscellaneous
11.1. Governing Law.
These Terms are governed by the laws of the State of Delaware, USA, without regard to its
conflict of law principles.
11.2. Severability.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions
will remain in full force and effect.
11.3. Entire Agreement.
These Terms, together with any Annexes and our Privacy Policy, constitute the entire agreement
between you and Shield Security regarding your use of the Shield Security Services and
supersede all prior agreements and understandings, whether written or oral, regarding such use of
services. Each section and clause is tailored to address the specific needs and regulatory
considerations of Shield's operations.
Addendums
Addendum 1: Fiat Wallet, Top-up, and Withdrawal Procedures
1. Fiat Wallet Operations
- Fiat Wallet services allow users to store fiat currency (USD) within the Shield Security platform to facilitate transactions.
- The wallet is not a bank account and should not be used as such. Funds are held with licensed partner financial institutions in accordance with local and international regulations.
2. Fiat Top-up
- Users may add funds to their Fiat Wallet through wire transfers or other permitted methods from a verified bank account.
- Erroneous Top-up Instructions: If a user provides incorrect account details or instruction errors, delays or additional fees may result, for which the user is responsible.
- Fiat Top-up Fees apply to each transaction and will be disclosed prior to the completion of each top-up.
3. Fiat Withdrawal
- Withdrawals from the Fiat Wallet can only be processed to verified and linked Withdrawal Bank Accounts.
- Fiat Withdrawal Fees are disclosed before each transaction, and the user must confirm acceptance of fees.
- Erroneous Withdrawal Instructions, such as incorrect withdrawal details, may result in delays or penalties.
4. Limits and Verification Requirements
- Shield reserves the right to set minimum and maximum limits on Fiat Top-up and Withdrawal transactions, subject to compliance checks and user verification.
Addendum 2: Digital Asset Wallet Services
1. Digital Asset Wallet Operations
- Users can store supported Digital Assets within the Digital Asset Wallet provided by Shield.
- The wallet is custodial, meaning users hold ownership of the assets, and Shield’s role is to securely store these on the user’s behalf.
2. Fiat to Digital Asset (DA) Conversion
- Users may convert fiat currency held in the Fiat Wallet into Digital Assets. Exchange rates are determined at the time of transaction, with fees displayed for user confirmation.
- Fiat to DA Conversion transactions are subject to applicable fees, disclosed prior to completion.
3. Digital Asset Conversion
- Users may convert one type of supported Digital Asset to another. The conversion rate will be displayed at the time of transaction.
- Conversion Fees and any transaction limits are displayed for user approval before each transaction.
4. Digital Asset Transfer
- Users can transfer Digital Assets to external wallets or to other users within the Shield platform.
- Transfers may be subject to partner fees or minimum thresholds and are only confirmed after user verification and authentication.
5. Fork Handling
- Shield may decide, at its sole discretion, whether to support a new Digital Asset resulting from a network fork. Unsupported forked assets may not be accessible or claimable by users.
Addendum 3: Incentive Programs
1. Cashback and Rewards Programs
- Shield may offer cashback or reward incentives for qualifying transactions. These rewards will be credited in fiat or Digital Assets as applicable.
- Shield reserves the right to modify or discontinue reward programs at any time without prior notice.
2. Lock-up Program
- Users may voluntarily lock up specified amounts of Digital Assets in their wallets in exchange for rewards or other incentives.
- Lock-up terms, including duration, reward calculation, and penalties for early withdrawal, will be disclosed in detail upon enrollment in the program.
3. Referral Program
- Users may earn incentives by referring new clients to the Shield platform. Specific reward amounts and terms will be displayed in the user’s referral dashboard.
- Shield retains the right to cancel or adjust rewards if referral activity is found to violate program terms.
Addendum 4: Gift Cards and Airtime Redemption
1. Gift Card Purchases and Redemption
- Users may purchase digital gift cards through Shield’s platform from participating Gift Card Providers.
- Each purchase is subject to the terms of the Gift Card Issuer, and all sales are final. Instructions for redeeming gift cards will be provided at the time of purchase.
2. Airtime Redemption
- Users can redeem Digital Assets or fiat currency for mobile airtime credits where available. The redemption process requires confirmation and acceptance of applicable fees.
- The Pay Airtime Redemption Instructions will specify any fees or redemption limits, which may vary based on provider and user jurisdiction.
Addendum 5: Payment Service Partners
1. Approved Partners and Terms
- Shield partners with licensed financial institutions, including banks and payment service providers, to manage Fiat to DA Conversions, Digital Asset Transfers, and Fiat Top-ups and Withdrawals.
- The terms of service for these partners are incorporated by reference into this agreement. Users agree to abide by these partner terms when engaging in transactions facilitated by Shield.
2. Third-Party Compliance and Transaction Security
- Transactions conducted through partner services are subject to the compliance standards of those partners, including KYC/AML verification. Shield reserves the right to request additional information or decline transactions in accordance with these standards.
Addendum 6: Gift Card Services
1. Gift Card Providers
- Shield offers digital gift card services in partnership with select Gift Card Providers. Each provider’s terms and restrictions apply to any gift card purchase.
- All gift cards are non-refundable and cannot be exchanged for fiat currency or Digital Assets once purchased.
2. Gift Card Redemption Instructions
- Upon purchasing a gift card, users will receive specific instructions for redeeming the gift card with the respective Gift Card Provider.
- Users must follow the redemption process outlined to complete the transaction. Shield is not liable for issues arising from improper redemption or provider-specific restrictions.
3. Fees and Limits
- Gift card purchases may include a nominal transaction fee, disclosed before purchase. Limits on the number of gift cards per user or per transaction may apply.
Addendum 7: Airtime Redemption
1. Airtime Redemption Providers
- Shield collaborates with mobile network operators to offer airtime redemption services. Users can use their Digital Assets or fiat currency to purchase airtime credits through the Shield platform.
2. Pay Airtime Redemption Instructions
- Users will receive instructions for redeeming airtime credits after the transaction, including redemption codes or direct top-up methods.
- Redemption is subject to availability by the participating mobile network operators and may vary based on user location.
3. Fees and Usage Restrictions
- Fees for airtime redemption are displayed prior to transaction completion, and users must confirm acceptance of fees before proceeding.
- Airtime purchases are non-refundable and cannot be exchanged for other credits or assets within Shield’s platform.
