This is a binding Agreement between Evergreen ATM LLC, a Nevada Limited Liability Company, operating under the trade name “GetCoins” (hereinafter referred to as “GetCoins”, “Our”, “Us” or “We”), on the one hand, and the person, persons, or entity (“You” or “Your”) using the service, Software, or application (“Software”), on the other hand.

In using the Software, You make the representations below and acknowledge that You have carefully read, that You understand, that You agree to the terms and conditions set forth below.

Description of the Software

If You attempt to use Our services at a kiosk, you will need a digital wallet. If You do not have one, or wish to use a new one, the GetCoins mobile application allows you to download the Software and get a digital wallet so You may proceed with the transaction.

The Software provides an unhosted digital wallet that is hosted on Your computer, phone, or other device that allows You to store and conduct transactions in convertible virtual currency. You own it, possess it and control it, exclusively. It does not require an additional third party to conduct transactions. In the case of unhosted, single-signature wallets like that provided by the Software, (a) the value (by definition) is the property of the owner and is stored in a wallet, while (b) the owner interacts with the payment system directly and has total independent control over the value. In so far as You are conducting a transaction through the unhosted wallet to purchase crypto currency on Your own behalf, no money transmission is taking place.

This Software functions as a free, open source, and multi-signature digital wallet. The Software does not constitute an account where We or other third parties serve as financial intermediaries or custodians of your cryptocurrency.

Rights and Obligations

GetCoins provides the Software solely on the terms and conditions set forth in this Agreement and on the condition that You accept and comply with them. By using the Software You (a) accept this Agreement and agree that You are legally bound by its terms; and (b) represent and warrant that: (i) You are of legal age to enter into a binding agreement; and (ii) if You are a corporation, governmental organization or other legal entity, You have the right, power and authority to enter into this Agreement on behalf of the corporation, governmental organization or other legal entity and bind them to these terms.

While the Software has undergone beta testing and continues to be improved by feedback from the open-source user and developer community, We cannot guarantee there will not be bugs in the Software. You acknowledge that Your use of this Software is at Your own election and discretion and in compliance with all applicable laws. You are responsible for safekeeping Your passwords, private key pairs, PINs, and any other codes You use to maintain security and access the Software.

IF YOU LOSE ACCESS TO YOUR DIGITAL WALLET OR YOUR ENCRYPTED PRIVATE KEYS AND YOU HAVE NOT SEPARATELY STORED A BACKUP OF YOUR WALLET AND CORRESPONDING PASSWORD, YOU ACKNOWLEDGE AND AGREE THAT YOU UNDERSTAND THAT ANY VIRTUAL CURRENCY (E.G. BITCOIN) YOU HAVE ASSOCIATED WITH THAT DIGITAL WALLET WILL BECOME INACCESSIBLE THROUGH NO FAULT OF GETCOINS.

All transaction requests are irreversible. The authors of the software, employees and affiliates of GetCoins, copyright holders, and We cannot retrieve your private keys or passwords if you lose or forget them and cannot guarantee transaction confirmation as we do not have control over the Bitcoin network.

Disclaimer

To the fullest extent permitted by law, the Software is provided “as is” and no representations or warranties can be made of any kind, expressed or implied, including but not limited to the warranties of merchantability, fitness or a particular purpose and non-infringement. You assume any and all risks associated with the use of the Software. In no event shall the authors of the Software, employees and affiliates of GetCoins or Bitpay, copyright holders, GetCoins or BitPay, Inc., be held liable for any claim, damages or other liability, whether in an action of contract, tort, or otherwise, arising from, out of or in connection with the Software. We reserve the right to modify this Disclaimer from time to time.

Use Restrictions

In connection with your use of the Software, you agree as follows:

• You will not at any time use an Account or Personal Wallet that is created by any other users
• We cannot guarantee the identity of any user, sender, requester, receiver or any other party and You are solely responsible for any activity that occurs in connection with Your Account and/or Your Digital Wallet.
• You will verify all transaction information before entering into any transactions through Our services as once We submit a transaction to the applicable digital currency network, We cannot cancel it or refund the the funds, value or money.
• You will immediately notify Us of any security breach or unauthorized use of Our services.
• We reserve the right to cancel or delay any transaction that We believe may violate applicable law or these Terms of Use.
• We cannot cancel any transactions that have already been submitted to the applicable digital currency network.
• We may provide to any governmental authority all information about Your Account and Your use of the services in response to a subpoena, court order, or other governmental request.
• You will not attempt to conduct any transactions in a digital currency that is not supported by Us.
• Digital currencies associated with any pending transactions will not be available in Your Wallet or available for any other transactions.
• You will not use the GetCoins website or any service provided by GetCoins for any purpose or in any manner that is inconsistent with any applicable law or regulation.
• You will not use any GetCoins services to purchase or sell any products or services that are restricted by any governmental authority or that are unlawful.
• You understand and agree that We reserve the right to cancel and/or suspend Your Account, to block transactions, or to freeze your account immediately without notice if We determine, in Our sole discretion, that Your account or any of Your transactions are associated with violation of these Terms of Use or any other illegal or prohibited activities.

Choice of Law

This Agreement, and its application and interpretation, shall be governed exclusively by the laws of the State of Nevada, without regard to its conflict of law rules. You consent to the exclusive jurisdiction of the federal and state courts located in or near Nevada for any dispute arising under this Agreement.

Severability

In the event any court shall declare any section or sections of this Agreement invalid or void, such declaration shall not invalidate the entire Agreement and all other paragraphs of the Agreement shall remain in full force and effect.

Binding Agreement

The terms and provisions of this Agreement are binding upon Your heirs, successors, assigns, and other representatives. You use of Our services and the Software constitute Your voluntary and knowing agreement of all the forgoing terms and conditions.

You assume any and all risks associated with the use of the Software. We reserve the right to modify this Agreement from time to time.