The TokenABC Wallet App is a mobile-terminal-based platform provided by BMBM Co., Ltd. for the security management of digital assets that provides the users thereof with security management services for digital assets (hereinafter referred to as "the Platform"). The Platform provides services to the users registered with the Platform (hereinafter referred to as "the Users") in accordance with the terms and conditions of this Agreement (defined below), and this Agreement shall be legally binding on and between the Users and the Platform. The Platform hereby reminds the Users to carefully read and fully understand the terms and conditions of this Agreement, especially those terms and conditions of this Agreement that exclude or limit the liability of the Platform and exclude or restrict the rights and interests of the Users. The Users shall read carefully and choose to accept or reject this Agreement. Unless a User accepts all the terms and conditions of this Agreement, the User shall not be entitled to use the services provided by the Platform on the basis of this Agreement. If the User does not agree to the content of this Agreement, or refuses to recognize the right of the Platform to make unilateral amendments to this Agreement at any time, the User shall promptly stop using and cease to access the Platform. By registering as a User of the Platform or using the services offered, a User shall be deemed to have fully understood and fully accepted all the terms and conditions of this Agreement, including any amendments that this Company may make to this Agreement at any time.
For the convenience of wording in this Agreement, the Platform is collectively referred to as "we" or other applicable forms of first person pronouns in this Agreement. All natural persons and other visitors who log into this Platform shall be referred to as "User/you" or other applicable forms of the second-person pronouns. You and the Users are collectively referred to as “both parties”, and individually as “one party” herein.
Article 1 In this Agreement, the following terms and expressions shall have the meanings ascribed to them below, unless any term or condition herein requires otherwise:
(1) This Agreement: it consists of this Service Agreement, the Terms of Privacy, the Legal Statement, as well as any other rules, annexes, statements, guidelines, inter alia that have been or may be released published on the Platform.
(2) Force Majeure: it includes maintenance of information network equipment, failure of access to information networks, failures of computer, communication or other systems, power failures, the weather, accidents, industrial actions, labor disputes, riots, insurrections, disturbances, inadequacy in productivity or means of production, fires, floods, storms, explosions, wars or other factors on the part of cooperation partners, collapse of the digital asset market, government actions, judicial or administrative orders, and other circumstances that are beyond the control of the Platform.
(3) Creating or importing a Wallet: it refers to the process of creating or importing a Wallet using the Platform after the User accepts this Agreement.
(4) Affiliated companies: if a company directly or indirectly controls another company, or is directly or indirectly under the control of another company, or otherwise has significant influence over another company or is under the significant influence of another company, the former is then an affiliated company of the latter.
(5) Public Keys: they are generated with private keys through one-way derivation with the help of cryptographic principles, and are used to generate the addresses of blockchain digital Wallets, which are open addresses for receiving payments.
(6) TokenABC Wallets (or Wallets): digital assets Wallets developed based on blockchain, including other auxiliary tools developed to facilitate Users in using the blockchain system.
(7) Wallet Password: it refers to the password that a User chooses for the Wallet that the User creates. The password will be used to encrypt and protect the private key. The TokenABC Wallet is a decentralized application, and the password to the TokenABC Wallet is not stored in the User’s mobile devices or the Platform server; therefore, if the User forgets the password of his/her/its Wallet, the User must set a new Wallet password with the help of his/her/its private key or mnemonic word.
(8) Identity: it refers to the digital identity of a User generated based on the User's public-private key pair.
(9) User’s Guide: it refers to the guide provided by the Platform for the Users to help them understand the basic knowledge of blockchain and basic operation procedures of the Platform before and/or after the Users use the Platform.
(10) Private Key: a private key is composed of 256-bit random characters and is the key for Users to own and use their digital assets.
(11) Tips: the information involved in the Platform’s operation interface; the Users are advised to follow such tips so as to operate according to relevant procedures.
(12) Message center: it refers to inbox through which the Users can receive the messages or notices sent by the Platform.
(13) Intellectual Property Rights: it shall have the meaning ascribed to it under Article 92 of this Agreement.
(14) Mnemonic Words: they refer to 12 (or 15/18/21/24) ordered words generated by random algorithm that conform to the blockchain BIP 39 industry standards. They are a form of easy record of private keys and easy for Users to backup and keep.
Article 2 All codes or statutes or administrative regulations cited in this Agreement shall refer to the latest amended version thereof, regardless of whether such amendment is made before or after the signing of this Agreement.
Article 3 The headings of the terms and conditions of this Agreement are for convenience only and shall not be used for the purpose of interpreting the terms and conditions of this Agreement. References herein to any statement, term, condition, annex, schedule shall refer to statements, terms, conditions, annexes, and schedules hereunder.
Article 4 The term “include” used herein shall, under any and all circumstances, always have the meaning of “including but not limited to” ascribed to the term, unless this Agreement requires otherwise.
Article 5 Unless it is agreed otherwise herein, shall there be any conflict or inconsistency between the documents hereunder, the validity of the documents shall be prioritized in the following order, so as to resolve such conflict or inconsistency:
(1) User Service Agreement of TokenABC Wallet App;
(2) Terms of Privacy of TokenABC Wallet App;
(3) Other agreements, rules and guidelines.
Article 6 The Users may choose from among different language versions of the Platform. shall there be any inconsistency or conflict between the different language versions in terms of content, or shall there be any omission in one language version, the Chinese version of the Platform shall prevail.
Article 7 The Platform is a platform for the security management services of digital assets. The Platform services are provided by this Company to its Users through various means, such as the Platform and clients. The specific content of the services mainly includes: security management services for digital assets, release of digital asset trading information, User services and other transaction facilitation services, subject to the content of the services actually provided by the Platform.
Article 8 In order to protect the Users’ rights and interests, the Users shall carefully read and fully understand all the terms and conditions of this Service Agreement before the Users choose to use the Platform services on the basis of their free will. Upon the Users' use of the Platform services, it shall be deemed that the Users fully understand and accept this Agreement and any and all subsequent amendment that the Platform may make thereto at any time; and if the Users breach this Agreement, the Users shall be held legally responsible for any and all legal consequences of such breach.
Article 9 During the performance of this Agreement, the Platform may amend this Agreement on the basis of actual situations. Upon any change to the content of this Agreement, the Platform will then release the latest version of this Service Agreement, as amended, without notifying each User one by one. If a User does not agree with the amendment of this Agreement made by the Platform, the User has the right to stop using the Platform services. If the User continues using the Platform services, it shall be deemed that the User accepts the amendment made by the Platform to this Agreement and the User will perform this Agreement as is amended.
Article 10 As for the Platform's notices to the Users, and any other agreements, announcements or other notices in connection with the Users' use of the services hereunder, the Users agree that the Platform may deliver such notices, agreements and announcements by such electronic means as intra-Platform announcements, intra-website messages, e-mails, mobile phone short text messages, wireless communication devices, inter alia, or by such physical means as by post. Such notices, agreements and announcements shall be deemed to have been duly served on the addressees on the day when they are delivered (if they are sent to the Users by post, they shall be deemed to have been served on the third natural day after they are posted to the contact addresses that the Users register with the Platform). If a User fails to receive any of the aforesaid notices, agreements or announcements on the date when it is deemed to have been served due to reasons not attributable to the Platform (including inaccurate or invalid e-mail address, mobile phone number, contact address, failures in information transmission, inter alia), the Platform shall not be held responsible in any manner whatsoever.
Article 11 In order to avoid any incorrect operation of its TokenABC Wallet or prevent any security risk relating to digital tokens to the greatest extent possible, the Users shall avoid using the Platform without having mastered the basic knowledge of blockchain. The Company reserves the right to refuse to provide part or all of the service functions to the Users who do not have the basic knowledge of blockchain.
Article 12 The Users understand that under any of the following circumstances, the Company will suspend the services provided to the User (or completely terminate the Services):
(1) The operation of the Platform is interrupted due to technical reasons such as the maintenance, upgrading or error of the equipment or the block chain system fault, or any communication interruption;
(2) If the Platform is unable to provide services due to force majeure or other factors, and the Platform reasonably believes that it will be at great risk if it continues providing the services;
(3) Where there is any major adverse change in any of the applicable laws or policies; or
(4) Where there arises any circumstance that is beyond the control or reasonable foresight of the Platform.
Article 13 If the Platform changes, discontinues or terminates the services, the User has the right to export the Wallet information within a reasonable period of time.
Article 14 A User must create a Wallet on the Platform before the User may access the Platform services.
Article 15 Natural person Users who create Wallets shall be natural persons who are at least 18 years of age, or are deemed under the law of the country where they are located as natural persons having full capacities for civil rights and civil conducts and capable of independently bearing civil liabilities.
Article 16 An institutional user who is a legal person, organization or any other institution and intends to create a Wallet on the Platform shall designate a representative who is a natural person that is at least 18 years of age or is deemed under the law of the country where such natural person is located as having full capacities for civil rights and civil conducts and capable of independently bearing civil liabilities to complete the creation of the Wallet on the Platform on behalf of such legal person, organization or institution.
Article 17 This Agreement will pop up on the web page when a User first creates the Wallet for the first time. Upon the User’s clicking on the "I Agree" button, the User or the organization that the User is duly authorized to represent shall be deemed as having agreed to the entire content of this Agreement, and the User or the institution that the User represents shall be bound by this Agreement. If the User does not have any of the qualifications required under Article 15 or Article 16 of this Agreement, then the User and the institution that the User is authorized to represent shall bear any and all the consequences resulting therefrom, and the Platform reserves the right to hold the User and the institution that the User is authorized to represent accountable.
Article 18 Before or after a User’s creation of Wallet on the Platform, the Platform shall have the right to refuse to provide the services to the User, as is required by any of the applicable laws, regulations, rules, orders and other regulatory documents of the country or region where the User is located.
Article 19 A User shall hereby make the following undertakings:
(1) It is for legal purposes that the User creates the Wallet on the Platform and uses the Platform services and the User does not have any intention to use the Platform to violate any law or regulation;
(2) The User must guarantee and undertake that the fund the User deposits in the TokenABC Wallet thereof is from legal sources;
(3) In addition to this Agreement, the User shall also comply with all rules issued and updated by the Platform from time to time, including announcements, User’s guidelines, risk alerts, inter alia.
Article 20 If the User violates any of the undertakings thereof under Article 19 of this Agreement:
(1) The Platform has the right terminate or refuse to provide the User with access to part or all of the functions of the Platform services. In this case, the Platform shall not be held responsible in any manner whatsoever, and the User agrees to bear any and all direct or indirect expenses or losses arising therefrom;
(2) The User shall bear any and all direct or indirect losses and adverse consequences arising from the User’s breach of any of the undertakings, and the Platform reserves the right to hold the User accountable.
Article 21 The User chooses to use the Platform’s services on the basis of the free will of the User, and the Platform does not force, induce, cheat or influence the User by other unfair means in any way.
Article 22 The Platform shall provide the following services to Users who have completed registration:
(1) digital asset security management services;
(2) real-time quotation and transaction information of digital assets;
(3) digital assets exchange service;
(4) providing customer services;
(5) technical and management services to ensure the normal operation of the Platform;
(6) other services announced by the Platform.
Article 23 The digital asset security management services mentioned under Article 22 of this Agreement shall include the following
(1) Account importing: for digital assets supported by the TokenABC Wallet, Users may use a new Wallet generated by a TokenABC Wallet, or a compatible Wallet generated by any other Wallet tool that is imported into the relevant blockchain system.
(2) Transfer and collection of payment: the transfer and collection functions of the TokenABC Wallet may be used to manage digital tokens, that is, to use the private key to make an electronic signature, so as to modify the account books of relevant blockchain. A transfer is a transfer operation carried out by the payer using the recipient's ENS domain name or blockchain address, which involves the effective recording of the transaction in the distributed ledger of the relevant blockchain system (rather than actually delivering or transferring the digital token).
(3) access to market quotations: Users can use the TokenABC Wallet to check market quotations provided by third parties for digital tokens.
(4) Management of digital tokens: Users can import, keep, or remove other digital asset Wallets from the operating interface of the TokenABC Wallet in addition to the default Wallet.
(5) Currency exchange: the Users can use the digital asset exchange service provided by a third party, in which the TokenABC Wallet is used as the interface tool to help the Users interact with the third-party service provider and display the corresponding results of digital asset exchange.
(6) Transaction records: the Platform will obtain and display all or part of the Users' transaction records from the chain, provided, however, the Users shall follow the latest transaction records of the blockchain.
(7) Suspension of services: in view of the "irrevocability" of blockchain transactions, the Platform cannot withdraw or revoke transaction operations on behalf of the Users; nonetheless, under certain circumstances, the Platform may suspend or restrict the operations of Users on the Platform.
Article 24 A User agrees and understands that when the User accesses the services provided under Article 22 of this agreement:
(1) on account of the decentralization advocated by blockchain, and in order to protect the security of the Users' digital tokens, the Platform provides decentralized services that are different from those provided by banking financial institutions. The User understands and accepts that the Platform is not responsible for any of the following matters:
(a) storing the User's Wallet password (i.e. the password set by the User when creating/importing the Wallet), private key, mnemonic word or Keystore;
(b) retrieving the User's Wallet password, private key, mnemonic word or Keystore;
(c) freezing the Wallet;
(d) reporting the Wallet as lost;
(e) restoring the Wallet; or
(f) transaction rollback.
(2) the User is exclusively responsible for the safekeeping of his/her/its mobile devices containing the Wallet thereof, the backup Wallet information, backup of Wallet password, mnemonic words, private key and Keystore. If the User loses his/her/its mobile devices, deletes and fails to backup the TokenABC Wallet information, deletes without backing up the Wallet, or if the Wallet is stolen, or the User forgets his/her/its Wallet password, private key, mnemonic word or Keystore, the Platform is unable to restore or recover the Wallet password, private key, mnemonic word or Keystore; if the User carries out any incorrect operation (such as entering a wrong transfer address or wrong exchange amount) in any exchange transaction, the Platform is unable to cancel the transaction, and the Platform shall not be held liable in any manner whatsoever.
(3) the digital token management services provided by the Platform do not cover any existing digital assets, and therefore the Users are advised not to operate any digital assets not supported by the Platform.
(4) the currency-to-currency exchange function provided by the Platform is essentially exchange between digital token exchanges conducted by Users on the blockchain system using third-party smart contracts. For services provided on the basis of third-party smart contracts, the Platform only provides the Users with tools for using such third-party smart contracts, and does not provide any guarantee in connection with the functions or service quality of such third-party smart contracts. Users shall judge and assess at their sole discretion whether the services or transaction provided on the basis of such third party smart contracts involve any risk. The Users must carefully read and agree to the constantly updated User agreement of the relevant smart contracts before they may commence such transaction.
(5) the User understands and agrees to follow the information tips published by the Platform and operate in accordance with such information tips; otherwise, all risks, liabilities, losses and expenses arising therefrom shall be borne by the User exclusively.
(6) where the Platform reasonably believes that there is any irregularity in the trading activities or trading of a User, believes that there is anything suspicious about the identity information of the User, or the Platform believes that it is necessary to require the User to submit the ID documents or other necessary documents of the User and properly verify such documents, the User shall actively cooperate with the Platform in checking the User's valid identity certificates or any other necessary documents, timely complete the relevant authentication of the User’s identity. The User understands and accepts that the Platform may limit, suspend or terminate the User's access to the Platform until the User provides information that meets the Platform's requirements.
(a) the User is aware of the limits on the daily value and number of transfers that the User is subject to in the Platform services, and such limits may vary depending a range of factors, including the specific country/region where the User is located, regulatory requirements, transfer purpose, Platform risk control, authentication, etc.
(b) the User understands that in view of the "irrevocability" of blockchain operation, when the User uses the transfer function, the User shall bear the consequences that may arise due to the User' error in operation (including but not limited to where the User enters a wrong transfer address, problems with the server of the transfer node chosen by the User).
(c) the User acknowledges that when it uses the Platform services, any of the following situations may lead to unavailability of the transfer function, "transaction failure" of the transfer or "package timeout":
i) insufficient balance in the Wallet;
ii) inadequacy in the transaction miners' fee;
iii) blockchain fails to execute smart contract code;
iv) exceeding the quota of payment set by any of the competent regulatory authorities, the Platform or any of the applicable laws and regulations;
v) technical failure in the network or equipment;
vi) transaction is abandoned due to blockchain network congestion, failure and other reasons;
vii) the User's address or counterparty’s address is recognized as a special address, such as a high-risk address.
(d) the User acknowledges that the Platform only provides the User with the transfer tool. After the User completes the transfer on the Platform, the Company shall be deemed as having fulfilled all obligations in connection with the service session, and the Company shall not bear any responsibilities for any other relevant dispute.
(8) the User acknowledges that the daily limit on the value of currency-to-currency exchange is currently set by a third-party smart contract. The Platform may also set and adjust from time to time the daily limit on the value of currency-to-currency exchange by the User.
(9) the User acknowledges that the User shall comply with relevant laws, regulations and state policies when the User conducts operations on the Platform or conducts transactions on the basis of smart contracts of any third party of the Platform.
Article 25 Except for the services listed under Article 22 of this Agreement and the technical services announced by the Platform, the Platform cannot provide any investment, legal, taxation or other professional opinions to the Users in connection with digital asset transactions. Moreover, any information, discussion, analysis, price and other information provided by any Platform are general comments in nature and do not amount to advice to the Users in connection with any digital asset transaction. A User that needs any professional advice shall consult relevant professionals for professional advice on investment, law, taxation or other professional advice related to digital currency transactions. The Platform does not assume any direct or indirect losses (including any loss of profits) caused by a User's reliance on the above-mentioned general comments.
Article 26 The services provided by the Platform shall not be understood as or used to make offers to Users in any country or region that determines that the services provided by the Platform are illegal.
Article 27 The Platform has the right to amend, suspend or permanently terminate part or all of the services the Platform provides to a User, on the ground of any of the following reasons:
(1) as is required by any of the applicable laws, regulations, rules and orders of the sovereign country or region where the User is based;
(2) as may be necessary for the Platform to protect the legitimate interests of the Platform or customers thereof;
(3) any other justifiable reason.
Article 28 If the Platform modifies, suspends or permanently terminates part or all of the services that the Platform offers to a User based on Article 27 of this Agreement, the effective date of such modification, suspension or termination shall be subject to the Platform’s announcement.
Article 29 The Users understand and agree that it is the responsibility of the Users to ensure the confidentiality and security of their accounts and passwords. The Users will assume full liability for all actions and statements made using the Users’ accounts and passwords and agree to the following:
(1) Users shall set their passwords in accordance with relevant rules of the Platform and relevant tips provided by the Platform. The users are advised against choosing overly obvious words or dates as their passwords, such as the Users' names, nicknames, birthdays, inter alia.
(2) When a User creates a password, the User shall meet all the four requirements listed by the Platform. When a certain requirement is met, an information tip will appear on the screen. When and only when all four requirements are met can the password be properly entered;
(3) After the password is entered, the User needs to enter the password for the second time for verification. If the two passwords entered are inconsistent, a message will pop up on web page of the Platform;
(4) A message confirming that the password has been successfully created will pop up on the web page of the Platform only if the two password entered are consistent with each other;
(5) The Users shall not disclose their passwords to any other person, nor shall they use the passwords of any other person. If the password of a User is illegally used by any other person due to factors not attributable to the Platform, e.g, hacking, virus or negligence on the part of the User, the Platform will not assume any liability whatsoever;
(6) The Users are prohibited from giving, lending, renting out, transferring or otherwise disposing of the wallets they create on the Platform to any third party without the consent of the Platform;
(7) The Users hereby confirm that all their conducts on the Platform after they log into the Platform using their passwords shall represent the Users themselves. All the electronic information records generated by the operation of the Users are valid evidence of the Users’ conducts, and the Users shall bear any and all the responsibilities arising therefrom;
(8) The Users shall adopt appropriate measures to ensure the security of their passwords after the Platform notifies the Users of foreseeable security risks;
(9) Where any person uses the account and password of a User without due authorization, the Platform and the legally authorized subject reserve the right to hold the actual user of the password jointly and severally liable
Article 30 If a User discovers that a third person fraudulently uses or embezzles the User's password, or such third person’s use of the User’s password involves any absence of requisite and due authorization, the User shall promptly notify the Platform in an effective manner and request the Platform to suspend relevant services; otherwise all the responsibilities arising from such use shall be borne by the User exclusively. Furthermore, the User understands that the Platform needs a reasonable period of time to take action on the User's request; the Platform shall not be held liable for any loss that may arise in connection with such third person’s use of the services before the Platform takes action.
Article 31 The Users shall be responsible for the proper safekeeping of their mobile devices, as well as their information such as Wallet passwords, private keys, mnemonics and Keystore. The Company is not responsible for the safe-keeping of such devices or information of the Users. All risks, responsibilities, losses and expenses caused by the Users’ loss of their mobile devices, their active or passive disclosure or forgetting of their Wallet passwords, private keys, mnemonic words, Keystore, or attacks or fraud by others shall be borne exclusively by the Users.
Article 32 Where the Platform deems on its unilateral and independent judgement that any event that undermines the security of trading may arise, the Platform shall have the right to suspend, interrupt or terminate all or part of the User services (including payable services) provided to a User under this Agreement, without notifying such User and without assuming any liability to such User or any third party. The aforementioned events include:
(1) where the User deceases;
(2) where the Platform uncovers that any digital asset in the User’s wallet is suspicious or may be illegal;
(3) Where the Platform believes that the User is suspected of being involved in money laundering, cash-out, pyramid selling, or the User’s wallet is used without the due authorization thereof, or the User is under any other circumstance deemed as risky by the Platform;
(4) where the User, in the absence of due authorization, uses any other person’s Wallet information or mobile device;
(5) Where the User provides any false information to the Platform ;
(6) where the User refuses any compulsory update by the Platform;
(7) where the User spreads rumors to damage the goodwill of the Platform;
(8) where the Platform discovers that the User uses any illegal or improper technical means to engage in any activity that endangers digital assets management;
(9) where the Platform believes that the User has violated any of the rules under this Agreement or the spirit thereof;
(10) where the Wallet created by the User fails to be logged in or actually used for one year in a row, and the amount of digital assets in the wallet is zero;
(11) any other circumstances under which the User breaches this Agreement.
Article 33 The User agrees that if the identity verification procedure for his/her/its User account fails to be completed, and the account fails to be logged into for a year in a row, the Platform has the right to terminate the supply of services to such account without prior notice to the User, and the Platform may promptly suspend, close or delete the User account and all relevant materials and files in the User account.
Article 34 The User agrees that the suspension, interruption or termination of the User's account does not represent the termination of the User's responsibilities. The User shall still be liable for any possible breach of agreement or damages that may arise due to or in connection with such User’s conduct during the time when such User uses the services provided by the Platform; furthermore, the Platform may continue keeping relevant information of the User.
Article 35 The Users undertake that they will never use the Platform services for any illegal purpose or in any illegal manner, and undertake to abide by the relevant laws and regulations of the country where they are located, as well as all international practices relating to the use of the Internet, and abide by all network protocols, rules and procedures related to the Platform services.
Article 36 The Users agree and guarantee that they will not use the Platform services to engage in any infringement of the rights and interests of any other person or for any illegal conducts, and they shall bear any and all legal liabilities if they breach such guarantee. The above-mentioned infringements and conducts include:
(1) accessing the Platform services in the name of any other person without being duly authorized by such person;
(2) engaging in any illegal transaction, such as trafficking of firearms, narcotics, forbidden drugs, pirated software or other prohibited items;
(3) providing gambling information or inducing in any manner any other person to engage in gambling;
(4) engaging in suspected money laundering, cash-out or pyramid selling activities;
(5) engaging in any conduct that may result in vulnerability to computer virus or may damage the Platform services system or data therein;
(6) using the Platform service system to engage in any activity that may adversely affect the normal operation of the Internet or mobile computer network;
(7) maliciously interfering with the normal proceeding of digital asset transaction and disrupting the order of digital asset trading;
(8) using any technical means or other means to interfere with the normal operation of the Platform or interfering with the use of Platform services by any other User;
(9) maliciously defaming the goodwill of the Platform by fabrication or exaggeration;
(10) any other conduct that is justifiably deemed by the Platform as inappropriate.
Article 37 The Platform reserves the right to delete all types of information of a User on the Platform that does not conform to legal policies or is untrue or inappropriate on the basis of the independent judgement by the Platform, without notifying the User and without assuming any liability. If the User fails to comply with the above provisions, the Platform has the right to take measures such as suspending or closing the User’ account on the basis of its own independent judgement and without assuming any liability.
Article 38 The User agrees that if any third party initiates or launches any claim or demand for compensation (including attorney fees) on the ground that the User breaches this Agreement or violates any document that is incorporated into this Agreement by reference and becomes a part of this Agreement, or that the User’s use of the Platform services violates any law or infringes on any right of the third Party, the User will indemnify and hold harmless the Platform and affiliated parties thereof, cooperation partners, directors and employees thereof against such claim or demand.
Article 39 The User undertakes that the information uploaded or released by the User through the Platform is authentic and valid, and any and all the information the User submits to the Platform is authentic, valid, complete, detailed and accurate. If the Platform or any other User of the Platform suffers any loss due to the User’s breach of the above undertakings, the User will assume corresponding liabilities.
Article 40 The Users understand and agree that the Platform provides services to eligible Users only. The Platform does not assume any liability for the investment or trading of digital assets on the Platform. The Platform cannot and does not have the obligation to ensure the success of the Users’ investment. The losses arising from the Users’ investment or transaction of digital assets shall be borne by the Users exclusively, and the Platform may not be held liable for such loss in any manner whatsoever.
Article 41 The Users agree to take responsibilities for all activities that occur in their registered account with the Platform (including information disclosures, information releases, clicks to agree to various agreements, upload and submission of various documents, clicks to agree to renew various agreements or clicks to agree to digital cash transactions, inter alia), and during the above-mentioned activities, if the Users fail to comply with the terms and conditions of this Agreement or the operating instructions in the trading rules published by the Platform, the Platform shall not be held liable in any manner whatsoever.
Article 42 The Users agree that the Platform has the right to place various commercial advertisements or other commercial information of any kind in various ways during the course of providing Platform services (including placing advertisements on any page of the Platform website), and the Users agree to accept the commercial promotions or other relevant commercial information that the Platform sends to the Users by email or other means.
Article 43 The Users agree that if a User has any dispute with a project owner or any other third party in connection with any digital asset transaction, they shall not request the Platform to provide relevant information through channels other than judicial or administrative channels.
Article 44 The Users agree that in view of the unique nature of the Internet, the Platform does not guarantee that services will not be interrupted, nor does it guarantee the timeliness and/or security of the services. If the system is unable to operate normally due to any event, as a result of which the Users cannot access any of the Platform services or their access to the services is adversely affected, the Platform shall not be held responsible to the Users or any third party. The aforesaid events include:
(1) where the Platform system is shut down for maintenance.
(2) where there is any error or failure in the telecommunication equipment, as a result of which it is impossible to transmit data.
(3) where the Platform services are interrupted or delayed due to such factors as hacker attacks, technical adjustments or failures on the part of network service providers, or website upgrades, inter alia.
(4) where the Platform system is unable to function due to force majeure factors such as typhoons, earthquakes, tsunamis, floods, power outages, wars, terrorist attacks, inter alia.
Article 45 The Platform does not provide any form of guarantee for any Platform services, including the following:
(1) the Platform services will meet the needs of the Users.
(2) the Platform services will be provided in a timely manner without any interference or error.
(3) any products, services, information or other materials purchased or obtained by Users through Platform services will meet the expectations of the Users.
(4) all information, programs, text, data and other information contained in the Platform are completely safe and free from interference and destruction by any malicious programs such as viruses and Trojans.
(5) all the calculation results of transactions have been duly verified by the Platform; the corresponding calculation methods will be publicized on the Platform, but the Platform cannot guarantee that there is no error or interference in such calculation.
Article 46 A User hereby acknowledges and agrees that under no circumstance will the Platform assume responsibilities for any of the events below:
(1) loss in the income of the User;
(2) loss in the Users’ transaction profits or contractual loss;
(3) losses arising from interruption, suspension or termination of services;
(4) losses of expected saved transaction cost;
(5) losses caused by information transmission problems;
(6) loss of investment or trading opportunities;
(7) loss of goodwill or reputation;
(8) losses caused by loss of or damage to data;
(9) the cost of purchasing alternative products or services;
(10) any indirect, special or incidental losses caused by infringement (including intentional infringement and negligence), breach of agreement, or any other reason, regardless of whether such losses are reasonably foreseeable by the Platform or not, or whether the Platform is previously informed of the possibility of such losses.
(11) where any of the User’s digital tokens is lost because the User loses his/her/its mobile device, deletes information in his/her/its TokenABC wallet without any backup thereof, forgets the password, private key, mnemonic word or Keystore of his/her/its TokenABC wallet without any backup thereof;
(12) where any of the User’s digital token is lost because the User leaks their Wallet password, private key, word mnemonic, or Keystore, lends or transfers his/her/its mobile device or TokenABC Wallet to any other person, or authorizes any other person to use his/her/its TokenABC Wallet, or downloads the App of the Platform from a source other than those official sources designated by the Company, or otherwise uses the Platform App in an unsafe manner;
(13) where any of the User’s digital tokens is lost due to any incorrect operation by the User (including but not limited to the User's input of a wrong transfer address, and problems with the server of the transfer node chosen by the User);
(14) where any of the User’s digital tokens is lost due to any incorrect operation by the User that is attributable to the User’s lack of knowledge about blockchain technology;
(15) where there is any inconsistency between the User’s transaction records on the blockchain and those copied by the Platform due to such reasons as any system delay, blockchain instability, inter alia.
Article 47 The Users understand and agree that under any of the following circumstances, the Platform has the right to refuse to indemnify the Users for all or part of their losses:
(1) where the Platform reasonably believes that Users' conducts on the Platform are suspected to be illegal or immoral.
(2) where the Users mistakenly believe that losses are caused by factors attributable to the Platform;
(3) any other losses caused by factors not attributable to the Platform.
Article 48 The quality and content of services provided by any cooperation partner of the Platform services shall be the responsibility of such cooperation partner itself. The content of the Platform may involve other websites owned, controlled or operated by third parties (hereinafter referred to as "Third-party Websites"). The Platform cannot guarantee, and has no obligation to guarantee the authenticity and validity of any information on the Third-party Websites. The Users confirm to use the Third-party Website in accordance with the service agreement of the Third-party Websites instead of this Agreement. The Users shall judge the content, products, advertisements and any other information of the third-party websites at their discretion and assume the corresponding risk on their own, all of which are not related to the Platform in any manner whatsoever. The Users shall judge at their sole discretion any and all data that they download or obtain by using the Platform services an assume relevant risks; any and all damage caused by the downloaded data shall be exclusively borne by the Users.
Article 49 The advice or information obtained by Users from the Platform and staff thereof or through Platform services, whether written or oral, do not constitute any guarantee for Platform services.
Article 50 The Platform does not guarantee the accuracy, validity, security or integrity of the external links that it lists in order to provide convenience to the Users. Furthermore, the Platform does not assume any liability for the content on any web page that such external links may point to and that is not actually controlled by the Platform.
Article 51 To the extent permitted by law, the Platform shall not be held liable in any manner whatsoever for any indirect, punitive, special and derivative losses (including business losses, loss of profits, loss of use data or other economic benefits) in connection with or arising from this Agreement, or arising from using the Platform, or from using any of the information, content, materials, products (including software) and services provided to the Users through the Platform, or from the purchase and use of products, regardless of how they arise, and regardless whether they arise due to any breach of this Agreement (including any breach of the guarantees or undertakings hereunder) or infringement. In addition, even if the exclusive relief provided in this Agreement does not achieve its basic purpose, the Platform shall also be excluded from any liability for the above losses.
Article 52 Unless this Agreement stipulates otherwise, under any circumstances, the total liability of the Platform for breach of agreement under this Agreement shall not exceed the market value of 0.1 etheric coin.
Article 53 Unless this Agreement stipulates otherwise, under any and all circumstances, if a User breaches this Agreement or any of the laws and regulations of the country where the User is located, and consequently causes any damage to the Platform, the User shall indemnify the Platform against any and all direct and/or indirect losses (including litigation costs, inter alia).
Article 54 Both the Platform and the Users recognize that common law remedies for breach of agreement or possible breach of agreement may not be sufficient to cover all or part of the losses suffered by the non-breaching party. Therefore, both parties agree that one party to the agreement has the right to seek injunctive remedies and all other remedies permitted by common law or equity in the event of breach or possible breach of agreement by the other party to this Agreement.
Article 55 The guarantees and undertakings made by the Platform in this Agreement are the only guarantees and representations on the basis of which the Platform provides the services under this Agreement (hereinafter referred to as "agreement guarantees"), and shall supersede all the guarantees and undertakings made in any other forms and manners (hereinafter referred to as "non-agreement guarantees"), whether the non-agreement guarantees are made in writing or orally, explicitly or implicitly. All agreement guarantees are exclusively made only by the Platform, and are binding on the Platform only, and are not binding on any third party.
Article 56 Users acknowledge and agree that the Platform does not waive any right to which the Platform is entitled and limits, exempts or offsets the Platform's liability for damages to the maximum extent permitted by law, even if such right is not referred to herein.
Article 57 Digital asset transactions are extremely risky and are therefore not suitable for most people in terms of investment. The Users know and understand that part or all of their investment in digital asset trading may be lost, so the Users shall determine the amount of their investment or transactions based on the extent of losses they can afford. Therefore, the Users shall carefully assess their financial situation and various risks before making any decision on investment in or transaction of digital assets. The Users shall bear any and all losses arising from their decision, and the Platform shall not bear any liability for Users' investment or trading decisions.
Article 58 The Platform does not provide any guarantee or condition to any User and/or any transaction, whether express, implied or statutory. The Platform cannot and does not attempt to control the information released by Users or project owners. The Platform does not undertake any form of certification and authentication services for such information. The Platform cannot fully guarantee the authenticity, sufficiency, reliability, accuracy, integrity and validity of all content on the Platform, and does not need to bear any legal liabilities arising therefrom. The Users shall base their transaction on their own independent judgement, and assume full liability for their own judgment.
Article 59 In view of the risks arising from digital asset investment or transaction, if a User has any doubts as to such investment or transactions, the User shall seek the assistance of professional consultants in advance prior to transaction or investment.
Article 60 The Platform does not make any express or implied guarantee for its Users to use the Platform services, including but not limited to the applicability, absence of errors or omissions, continuity, accuracy, reliability and suitability for a particular purpose. Furthermore, the Platform does not make any undertaking and guarantee in connection with the validity, accuracy, correctness, reliability, quality, stability, integrity and timeliness of the technologies and information involved in the services provided by the Platform.
Article 61 Whether to log into the Platform or use the services provided by the Platform is the personal decision of individual Users, who shall exclusively bear any and all risks and possible losses that may arise from such decision. The Platform does not make any express or implied guarantee in connection with the market, value and price of digital assets. The Users know and understand the instability of the digital asset market. The price and value of digital assets may fluctuate significantly or collapse at any time. Engaging in digital asset transaction is the free choice and decision by individual Users, who shall exclusively bear the risks and possible losses that may arise.
Article 62 The above clauses do not reveal all the risks and market situations that the Users may be subject to when they engage in transactions through the Platform. Before making a decision relating to transaction, the Users shall fully understand the relevant digital assets, adopt a cautious approach to decision-making based on their own transaction objectives, risk tolerance capacity and asset status, and assume all risks exclusively on their own.
Article 63 The market quotation access function provided by the Platform only provides access to the search results of digital token exchange rates provided by some exchanges and is not intended to provide the latest quotations or the best quotations.
Article 64 If a User or the counter-party thereof fails to comply with this Agreement, relevant instructions on the website, the operation tips or rules on the transaction or payment web pages, the Platform will not guarantee the smooth completion of the User’s transaction, and the Platform shall not be held liable for any damages that may arise whatsoever. In this case and if the payment relating to such transaction has already been transferred to the TokenABC Wallet or a third-party wallet of the User or the transaction party of the User, the User understands the "irreversibility" of blockchain operations and the "irrevocability" of such transaction, and therefore the corresponding risks and consequences will be borne by User and the transaction counter-party thereof.
Article 65 The User understands and acknowledges that the currency-to-currency exchange takes place, proceeds, and completes on the basis of a third-party smart contract. The Platform serves only as an interface tool to help the User interact with a third-party smart contract and display the results of the completed transaction.
Article 67 shall there be any information tip concerning abnormality in the process of payment transfer, such as "transaction failure" or "packaging timeout", the User shall re-confirm through the relevant official blockchain channels or other blockchain query tools, so as to avoid any repeated payment transfer; otherwise, all losses and expenses arising therefrom shall be borne by the User exclusively.
Article 68 The User understands that after the User creates or imports a Wallet on the Platform, the User's Keystore, private key, mnemonic and other information are only stored in the then current mobile device of the User, not on the Platform or the server of the Platform. The User can change his/her/its mobile device by synchronizing the Wallet thereof or any other applicable means, according to the operational guidelines provided by the Platform. However, if the User does not save or back-up the Wallet password, private key, mnemonic word, Keystore and other information, and the User's mobile device is lost, the User's digital tokens will be lost, and the Company cannot recover them for the User. If the User leaks his/her/its Wallet password, private key, mnemonic word, Keystore and other information when exporting, saving or backing up, or the device or server that saves or backs up the above information is attacked or controlled by hackers, the User's digital tokens will be lost, and in this case, the Company cannot recover them for the User. Any and all losses arising from the foregoing shall be borne by the User exclusively.
Article 69 The User shall make a secure backup of his/her/its Wallet password, private key, mnemonic word, Keystore and other information relating to the Wallet when creating or importing the Wallet. The User is prohibited from back-up by any of the following electronic means: screenshots, emails, notepad apps on mobile phones, mobile phone short text messages, WeChat, Tencent QQ, inter alia. Instead, the User shall backup their mnemonic, Keystore and other relevant information by writing them down on a paper notepad.
Article 70 The Users shall use the Platform in a secure network environment and ensure that their mobile devices are not jailbroken or rooted, so as to avoid possible security risks.
Article 71 Where the User’s use of the Platform services involves any service provided by a third party, any and all liabilities in connection with such third-party services shall be borne by the third party and the Platform shall not be held liable in any manner whatsoever.
Article 72 Any loss or liability caused by factors attributable to a User shall be borne by such User exclusively and the Platform shall not be held liable in any manner whatsoever. Circumstances under which the Platform shall not be held liable include:
(1) where any loss or liability is caused by the User's failure to operate in accordance with this Agreement or any rules published by the Platform from time to time;
(2) where any loss or liability is caused by any uncertainty, ambiguity or incompleteness in the instruction information sent by the User to the Platform;
(3) where any loss or liability is caused by insufficient balance of digital assets in the User's account;
(4) where any losses or responsibilities is caused by any other factor attributable to the User.
Article 73 If a User uses the Platform services, the Platform will charge relevant Platform service fees on the User. Each item of Platform service fee shall be subject to the description and rates of fees listed on the Platform when the User uses the Platform services. The Platform reserves the right to unilaterally formulate and adjust the rates of the Platform services fees.
Article 74 When the Users use the currency-to-currency exchange service, the exchange service provider shall charge the Users a commission fee and/or service fee. The specific rate of such fees shall be subject to the rates charged by the service provider and the relevant information provided on the Platform on such fees is for reference only.
Article 75 The Users shall pay the "Miners' fee" or network service fee when they transfer any payment through the Platform, with the specific rate of such fees determined by the Users themselves and collected by the blockchain network concerned. The Users acknowledge that the Users’ transfer operation may fail under certain circumstances (including but not limited to the inadequacy of the "miner's fee" or network service fee paid by the Users for the transfer during the transfer, or the instability of the relevant blockchain network); in such cases, the blockchain network will nonetheless charge the miner fee on the Users, even if the Users’ transfer operation is not completed.
Article 76 Any and all taxes payable and other fees arising from or in connection with the Users’ transactions on the Platform shall be borne by the Users exclusively.
Article 77 A User shall have the right to apply to the Platform for cancellation of his/her/its Wallet with the Platform at any time, and for the User, this Agreement will be terminated as of the date when such cancellation is approved by the Platform.
Article 78 Where an account is canceled in accordance with Articles 32 and 33 of this Agreement, this Agreement will be terminated as of the date when the Platform cancels such User account.
Article 79 If a User deceases or is declared dead, all the rights and obligations thereof under this Agreement shall be borne by the successor thereof. If a User loses all or part of his/her/its capacity for civil rights or civil conducts, the Platform or its authorized subject has the right to dispose of the funds related to the User's account in accordance with valid legal documents (including effective court judgments, inter alia) or instructions from the legal guardian of such User. If the successor or legal guardian of the User decides to continue performing this Agreement, this Agreement shall remain valid; otherwise, the successor or legal guardian of the User shall apply to the Platform for cancellation of the account number in accordance with the Agreement, and this Agreement shall be terminated as of the date when the Platform approves the cancellation of the account of the User.
Article 80 The Platform shall have the right to terminate all services of the Platform in accordance with this Agreement. This Agreement shall terminate on the date of termination of all services of the Platform. The withdrawal process shall be operated in accordance with the specific provisions of the Platform announcement.
Article 81 After the termination of this Agreement, the Users shall have no right to require the Platform to continue providing any services or performing any other obligations to them, including but not limited to requiring the Platform to retain or disclose to the User any information in their former accounts to forward to the Users or any third party any information that they have not read or they have sent.
Article 82 The termination of this Agreement does not affect the non-breaching party's claim against the breaching party that the breaching party shall be liable for breach of agreement before the termination of other agreements, nor does it affect the performance of the post-contractual obligations under this Agreement.
Article 83 The personal information under Chapter 12 of this Agreement shall include the following information:
(1) personal registration information provided by the Users in accordance with the requirements of the Platform when they register accounts with the Platform or when they use the accounts, including but not limited to telephone numbers, mailbox information, and ID card information;
(2) the server data in the Users’ browser that the Platform automatically receives and records when the Users use the Platform or access the Platform, including but not limited to IP address and other data and web page records required by the Users;
(3) relevant data collected by the Platform on which Users conduct transactions on the Platform, including but not limited to transaction records;
(4) personal information of other Users legally obtained by the Platform.
Article 84 Without additional consent from the Users, the successful registration of the Users on the Platform shall be deemed as the Users’ consent that the Platform may collect, use or disclose the Users’ personal information, and the Users understand and agree that the Platform may use the collected personal information of the Users for the following purposes based on the consideration of customizing the Platform services for the User, resolving disputes and helping to ensure safe transactions on the Platform:
(1) providing Platform services to Users;
(2) reporting to relevant departments based on the requirements of relevant competent departments of sovereign countries or regions;
(3) when the Users use the Platform services, the Platform will use the Users’ information for legal purposes, such as authentication, customer service, security & prevention, fraud monitoring, marketing, archiving and backup, or for cooperation with third parties to promote websites to ensure the security of products and services provided by the Platform to the Users.
(4) to assist the Platform in designing new products and services and in collecting and sorting out information to improve the existing service objectives of the Platform;
(5) in order to ensure that the Users understand the specific conditions of the Platform services, Users agree that the Platform will send them marketing campaign notices, commercial electronic information and advertising related to the Users, instead of generally placed advertisements;
(6) the Platform transfers or discloses the Users’ information to any unrelated third party in order to complete merger, division, acquisition or asset transfer;
(7) to complete software certification or management software upgrade;
(8) to invite Users to participate in surveys about relevant Platform services;
(9) to be used in data analysis for cooperation with government agencies, public affairs agencies, associations, inter alia;
(10) to be used to resolve disputes or mediate in disputes;
(11) to be used for all other legitimate purposes and other purposes authorized by the Users.
Article 85 The Platform automatically tracks certain information on Users in connection with their conducts on the Platform. On the precondition of not disclosing the Users’ privacy, the Platform has the right to analyze the entire User database and make commercial use of the User database.
Article 86 The Users agree that the Platform can use data collection devices such as "cookies"on some web pages of the Platform.
Article 87 The Platform shall protect the Users' data in accordance with relevant laws and regulations. The information provided to the Platform by the Users in connection with the performance of this Agreement may not be sold maliciously or shared with any third party free of charge, except for under the following circumstances:
(1) suppliers that provide independent services and only require information related to and necessary for the services;
(2) government departments or other institutions that have legal access to information and retrieve to information through legal channels;
(3) affiliated companies of the Platform;
(4) third parties approved by the Platform Users or the authorized representative of the Platform Users.
Article 88 The Authorized Platform, unless the law requires otherwise, uses the information provided by Users to the Platform, the information generated through using the Platform’s services (including the information provided and generated prior to the signing of this Agreement) and the information queried and collected by the Platform in accordance with this Article, to provide services, recommend products, carry out market research and information data analysis for Users by the Platform and its partners entrusted in connection with the services.
Article 89 Unless the law requires otherwise, the authorized Platform, for the purpose of providing better services and products to the Users, inquires and collects User information and provides such information to partners with which the Platform cooperates as may be necessary for the services.
Article 90 In order to ensure the safety of User information, the Platform and its partners are obligated to keep confidential the above information and take various measures to ensure the safety of the information.
Article 91 The provisions under chapter 12 of this Agreement shall come into effect upon the signing of this Agreement, have independent legal effect, and may not be affected by the formation of the contract or the change of its effective status.
Article 92 Intellectual property rights, including trademark rights, patent rights, copyrights, trade secrets, and so on, to all the content on the Platform, including works, pictures, archives, information, materials, Platform architecture, the arrangement of the Platform screen, Platform design, text and graphics, software compilation, the relevant source code and software, are legally owned by the Platform or other rights-holders.
Article 93 Without the written consent of the Platform or other rights holders, no one is allowed to use, modify, copy, publicly disseminate, change, distribute, release or publicly publish the Platform program or content without due authorization.
Article 95 Without the explicit written consent of the Platform, the Platform website or any part thereof may not be copied, photocopied, duplicated, sold, resold, accessed or otherwise used for any commercial purpose. Without the explicit written consent of the Platform, the Users are not allowed to use any technique to acquire any of the trademarks, logos or other proprietary information (including images, text, web designs or forms) of the Platform or affiliated companies thereof. Without the explicit written consent of the Platform, Users are not allowed to use the name or trademark of the Platform or affiliated companies thereof in the form of meta tags or any other "hidden text". Any such unauthorized use will result in termination of the permit or license granted by the Platform.
Article 96 Neither the Users’ log into the Platform nor their use of any service provided by the Platform shall be deemed as the transfer of any intellectual property rights from the Platform to Users. The Users is subject to the obligation to respect intellectual property rights, and shall the Users infringe on any of the intellectual property rights, the User shall bear legal liabilities to the Platform, including indemnifying the Platform against damages that may arise therefrom.
Article 97 This Agreement is jointly signed by the Users and the Platform and is applicable to all activities of the Users on the Platform. The content of this Agreement includes the terms and conditions of the main body of the Agreement and various rules that have been issued or may be issued in the future. All the terms, conditions, and rules are an integral part of this Agreement and shall have the same legal effect as the main body of this Agreement.
Article 98 If any term or condition of this Agreement is deemed to be unenforceable, invalid or illegal by any competent authority, the validity of the other terms and conditions of this Agreement shall not be affected.
Article 99 The rights and obligations agreed on in this Agreement shall also be binding on the assigns, heirs, executors and administrators of all parties hereto that have obtained benefits from the rights and obligations through transfer or assignment of such rights and obligations. The Users may not transfer their rights or obligations under this Agreement to any third party without consent of the Platform, but the Platform may transfer its rights and obligations under this Agreement to any third party at any time, with a notice to the Users thirty (30) days prior to the transfer.
Article 100 If any term or condition in this Agreement becomes totally or partially invalid or unenforceable for any reason, it shall be deemed that the term or condition can be separated from this Agreement and replaced by a new and effective term or condition that is as close as possible to the intentions of the parties and that can preserve the economic purposes required by this Agreement. Moreover, in this case, the other terms and conditions of this Agreement shall remain fully valid and binding.
Article 101 Unless it is otherwise agreed in this Agreement, nothing in this Agreement shall be deemed to have created, implied or otherwise treated the Platform as an agent, trustee or other representative of the Users.
Article 102 The failure of either party hereto to exercise any of the rights thereof hereunder or seek remedies in connection with a single event does not affect the subsequent exercise of such rights or seeking of remedies in connection with such event or other events.
Article 103 Waiver of breach of agreement or waiver of any term or condition of this Agreement shall take effect only after the non-breaching party or the party that does not seek such waiver signs in writing to agree to the waiver. Any waiver of breach of agreement under this Agreement cannot be deemed or interpreted as an exemption of the non-breaching party from any subsequent breach of agreement or other breach of agreement. Failure to exercise any right or remedy shall not be construed as a waiver of such right or remedy in any way.
Article 104 This Agreement is concluded in accordance with the laws of the People’s Republic of China, and its establishment, interpretation, content and performance shall be governed by the relevant laws and regulations of the People's Republic of China. Any claim or lawsuit arising out of or in connection with this Agreement shall be interpreted and enforced by the laws of the People's Republic of China.
Article 105 Unless otherwise agreed by other rules under this Agreement, both parties agree that any claims or lawsuits arising from or related to this Agreement shall be submitted to the Singapore International Arbitration Commission for arbitration.
Article 106 This Agreement shall enter into force for a User when the User creates his/her/its TokenABC Wallet on the Platform, and this Agreement shall be binding on both the Platform and the User.
Article 107 The ultimate power to interpret this Agreement shall be vested in the Platform.