Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY USING, accessing, communicating with, downloading, OR registering at the Software, AS DEFINED BELOW, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE AND ALL TERMS, POLICIES, AND AGREEMENTS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE WITH THESE TERMS PLEASE DO NOT USE, ACCESS, DOWNLOAD, REGISTER, OR COMMUNICATE WITH THE SOFTWARE. WE RESERVE THE RIGHT AT OUR SOLE DISCRETION, TO CHANGE, MODIFY, ADD OR REMOVE ANY PORTIONS OF THESE TERMS OF SERVICE, AT ANY TIME.
YOU SHOULD BE AWARE THAT THE RISK OF LOSS IN TRADING OR HOLDING CRYPTOCURRENCIES, TOKENS, OR ANY CRYPTO-ASSETS CAN BE SUBSTANTIAL. WE DO NOT ACT AS YOUR BROKER-DEALER, INTERMEDIARY, AGENT, OR ANY KIND OF ADVISOR, INCLUDING COMMODITY TRADING ADVISOR. YOU SHOULD THEREFORE CAREFULLY CONSIDER WHETHER TRADING OR HOLDING CRYPTOCURRENCIES OR CRYPTO-ASSETS ARE SUITABLE FOR YOU IN LIGHT OF YOUR FINANCIAL CIRCUMSTANCES.
a. Parties of these Terms. This is a contract between you and UAB Amonra Limited, a private company incorporated in the special administrative region of Hong Kong, having its registered address at Room 1318-19, Hollywood Business Center, No.610, Nathan Road, Kowloon City, Kowloon District, Hong Kong. References in these Terms to “Cwallet”, “we”, “our” or “us”, are to UAB Amonra Limited, and references to “you”, “your”, “customer” or “user” are to the person with whom Cwallet enters into these Terms.
c. Application of Third-Party Terms. You hereby acknowledge and agree that when you use the Software any third-party terms or agreements may apply to your use. For example, when you use our Mobile Applications, the terms and conditions of the respective mobile applications marketplaces (like App Store or Google Play) may additionally apply to your use.
d. Changes to Terms. We may modify these Terms by providing notice of such changes, such as by sending you an email, providing notice through the Software or its newsfeed, or updating the “Last Updated” date at the bottom of these Terms. By continuing to access or use the Software or our services, you confirm your agreement to the modified Terms. If you do not agree to any modification to these Terms, you must stop using the Software and our services. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your access to, and use of, the Software and our services.
a. “Account” means an account registered at the Platform;
b. “Applications” means mobile or desktop device-based applications used to access the Platform;
c. “Asset Properties” means the features, functions, characteristics, operation, use, and other properties of any crypto assets;
d. “Attacks” means any attacks on the security, integrity, or operation of a crypto asset or its Underlying Technology;
e. “Bot Software” means the automated bot software providing an access to the Platform’s functionality without using the graphic user interface, but rather by communicating with the Platform through pre-defined commands;
f. “Cwallet” means a hosted crypto assets wallet, opened at the Platform, enabling users to store, track, transfer, interact with swap and liquidity protocols, and manage their balances of technically supported crypto assets;
g. “Content” means collectively text, images, sounds, music, marks, logos, compilations (meaning the collection, arrangement, and assembly of information), charts, diagrams, graphs, market data, and other content that forms a part of the Software;
h. “External Wallet” means an external crypto assets wallet based on supported decentralized blockchain networks (ledgers) and not hosted by us;
i. “Platform” means the platform accessible via mobile or desktop device-based applications, the website https://cwallet.com/ and/or through the interface of the automated bot software;
j. “Software” means collectively the Platform, Applications, the Bot Software, and the Website.
k. “Underlying Technology” means the software, networks, ledgers, protocols, systems, and other technology (including, if applicable, any distributed ledger (blockchains);
a. Account Registration. To use the Platform, Applications, the Bot Software, and our services you must register and create an Account by providing your details, including your name, email address, social networks, and/or messengers identifiers (depends on the type of registration), and a password. Each user may register only one Account at the Platform. Due to technical specifics of our Platform, we may require you to register several Accounts directly related to the social networks or messengers you use with connection to the Platform or Bot Software, provided that we shall have the right to merge all specific Accounts in one Account at our sole discretion at any time. You are not allowed to use an Account on behalf of a third party.
b. Eligibility. The Software, our services, and their usage are intended solely for users who are 18 or older and who satisfy the criteria described in these Terms. You represent and warrant that you: (i) are of legal age to form a binding contract (at least 18 years old under the law of Hong Kong); (ii) have not previously been suspended or removed from using the Platform or Software, in general; (iii) are not identified as an individual who is restricted or barred from conducting banking or financial transactions, in any jurisdiction or under any applicable laws; (iv) are not placed on any list of suspicious persons banned from traveling or conducting business or financial transactions in any jurisdiction; (v), are not a citizen, a permanent resident or located at any state, country, territory or other jurisdiction that is embargoed by the United Nations or Hong Kong; and (vi) have full power and authority to agree to these Terms.
c. User Identity Verification. For identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime we may request the necessary information and documents from you to verify your identity. You hereby agree to provide us with the information we request and permit us to process and keep a record of such information. You authorize us to make the inquiries, whether directly or through third parties, that we consider necessary to verify your identity and/or protect against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. The information we request may include certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, national identification number, government identification documents, and, if applicable, information regarding your bank account (such as the name of the bank, the account type and account number). By providing us with the requested information, you confirm that such information is accurate and authentic. You agree to keep us updated if any of the information you provided changes. You authorize us to make inquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries.
d. Prohibition to Open Multiple Accounts. You are not allowed to open multiple Accounts (or multiple accounts for each social network or messenger).
e. Account Security. You are responsible for creating a strong password and maintaining adequate security and control of the password related to your Account. Any loss or compromise of your passwords and/or your personal information may result in unauthorized access to your Account by third parties and the loss or theft of any crypto assets stored or accessible through your Account. We assume no responsibility or liability for lost or misplaced passwords or personal information. You should never allow remote access or share your computer screen with someone else when you are connected to your Account or while using the Software. You should never provide access to your Account to any third party. You are fully responsible for all activity that occurs under your Account. We may, at our sole discretion, refuse to open an Account for you, or suspend or terminate any of your Account (including, but not limited to, duplicate accounts) for any reason.
f. Responsibility. You are fully responsible for every action or transaction made under your Account, including, but not limited to, payment of all fees related to your use of our services and/or fees of decentralized protocols or liquidity providers. We shall never be liable for any loss or damage due to the lack of security of your Account.
4. Your Usage and License
a. License. The Software, including any enhancements, derivatives, and improvements thereof, Applications and the Bot Software are our sole property. All the Content is the sole property of us and our affiliates.
We hereby grant you a limited, revocable, non-exclusive, non-transferable license, subject to the terms and conditions of these Terms, to access and use the Software, Applications, including downloading, installing, and using on your mobile phones, tablets, or other supported devices, and Content solely for purposes approved by us from time to time. Any other use of the Software or Content is expressly prohibited and all other rights, title, and interest in the Software or Content is exclusively the property of us and our affiliates, licensors, and data providers.
Nothing in these Terms shall grant you any of such property rights and/or ownership rights and shall not be considered as an assignment of such rights. Other than access to our services by following the Terms, we do not in any way grant our users any license or other intellectual property rights. You shall not (nor attempt to) copy, decompile, reverse engineer, disassemble, derive the source code of, modify, or create derivative works of the underlying platforms of the Software or any other part of the Content or in any other way manipulate the Software.
b. Prohibited Use. When using the Software and/or our services, you shall not: i) violate any law, regulation, contract, intellectual property or other third-party right, or commit a tort while using the Software and our services, ii) use the Software and our services in any manner to engage in any illegal gambling activities, fraud, money-laundering, or terrorist activities, or other activities that are illegal under applicable laws or regulations, iii) introduce to the Software any malware, virus, worms, Trojan horses, logic bombs, or other harmful material, iv) develop any third-party applications that interact with the Software, or any of its parts or functionalities, without our prior written consent, or unless otherwise agreed, v) use the Software or our services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Software, or that could damage, disable, overburden, or impair the functioning of the Software in any manner, vi) encourage or induce any third party to engage in any of the activities prohibited under these Terms.
c. Suspension and Termination. We may suspend, restrict, or terminate your access to any portion of the Software, any of its functionalities, and/or any of our services, including suspension or termination of your Account, for any reason, with or without explanation, effective upon sending a notice to you. We will provide you with the notice of our actions, if it would be technically possible and/or if other is not set in these Terms, and unless a court order or other legal process prohibits us from providing you with such notice. You acknowledge that our decision to take certain actions, including limiting access to the Software or our services may be based on confidential criteria that are essential to security protocols. You agree that we are under no obligation to disclose the details of our security procedures to you.
d. Remaining Funds After Termination. Once your Account or Cwallet is terminated, we will withhold fees and liabilities you owe to us from your balance. You will have 5 business days to withdraw all remaining crypto assets or funds from your Account or Cwallet.
Cwallet RESERVES THE RIGHT TO CHOOSE MARKETS AND JURISDICTIONS TO CONDUCT BUSINESS AND MAY RESTRICT OR REFUSE, AT ITS DISCRETION, THE PROVISION OF Cwallet SERVICES IN CERTAIN COUNTRIES OR REGIONS(CHINA MAINLAND, NORTH KOREA).
a. Creation of Cwallet. When you create an account with the Platform, we automatically create a Cwallet for you. The full list of crypto assets supported by the Cwallet you may find on the Platform.
b. Funds Remain Yours. By using and making deposits to the Cwallet you acknowledge and agree that title to any crypto assets stored in the Cwallet shall at all times remain with you and shall not transfer to us. You acknowledge and agree, that as the owner of crypto assets in the Cwallet, you shall bear all risks of loss of such crypto-assets. We shall have no liability for fluctuations in the value of crypto assets stored in your Cwallet. None of the crypto-assets in your Cwallet is the property of, or shall or may be loaned to, us. You shall control crypto assets stored in your Cwallet.
c. Deposit Rules. To process your deposit request, you need to transfer the requested amount of crypto assets to our External Wallet. You will be notified of the address of our External Wallet before submitting your request or sending crypto assets to our External Wallet address. Please note that the addresses of our External Wallets are different depending on each crypto asset and its corresponding blockchain. To process a deposit request we will credit your Cwallet with the requested amount of crypto assets upon confirmation of successful transfer of the corresponding crypto assets to our External Wallet.
d. Withdrawal Rules. We intend to perform any withdrawals requested by you only to your External Wallets that belong to you and such External Wallets must be all the time under your direct or indirect control and shall not be under the direct or indirect control of any third party. You hereby represent and warrant that you will issue a withdrawal request only to your External Wallet and you will not instruct us to withdraw any crypto assets to any third-party-owned External Wallets.
e. No Airdrops. You hereby acknowledge and agree that you may not be entitled to any airdrops or any other promo campaigns that are offered to holders of any particular crypto asset until you withdraw the relevant crypto assets from your Cwallet to your External Wallet. An airdrop is a procedure of distributing new crypto assets by awarding them in a certain proportion to existing holders of particular crypto assets.
f. Minimum Limits. You hereby acknowledge and agree that we may set the minimum limit of crypto assets to be deposited or withdrawn and will notify you regarding limits before submitting the deposit or withdrawal request. You hereby acknowledge and agree that in case of non-compliance with the minimum limits rule you may lose crypto assets sent to our External Wallet which fail to meet the minimum limit.
g. Fees. You hereby acknowledge and agree that deposits and withdrawals may be subject to the fees.
h. Legal Origin of Your Funds. You hereby represent and warrant that any crypto assets you own, hold, store at the Cwallet (i) were received by applicable law and you did not conduct any violation of any law or crime regarding obtaining these crypto-assets, (ii) have no origins that may be connected to any breach of money laundering or financing of terrorism regulations whatsoever or any criminal activity, as defined in the jurisdiction of origin, or internationally, and (iii) have a clear origin.
i. Hold on Funds. If we find or we are informed that any crypto assets or funds held in your Cwallet are stolen or otherwise are not lawfully possessed by you, we may, but have no obligation to, place a hold on the affected funds, your Cwallet, and your account until the dispute has been resolved and evidence of the resolution acceptable to us has been provided by you. You agree that we will have no liability or responsibility for any such hold, or for your inability to withdraw crypto assets or funds or execute transfers during the period of any such hold.
a. You Interact Directly with Protocol. When we provide you with the functionality of interaction with technically supported swap or liquidity protocols, all order matching, clearing, settlement, and filing happen in a complete decentralized fashion through the swap or liquidity protocol operated at the peer-to-peer model. You hereby acknowledge and agree that we do not execute the exchange of crypto assets, cryptocurrencies, and tokens. You do not interact with us when you perform swaps or interact with liquidity pools, rather you interact with a decentralized protocol that matches your swap request with pool's assets allocated for swaps transactions or, as for liquidity polls, add your funds to a corresponding liquidity pool that issues digital confirmation of your share in the pool. We do not own or control the underlying software which governs the operation of decentralized protocols, even technically supported by the Platform.
b. No Liability for Your Interaction with Protocols. You hereby acknowledge and agree that we have no liability to any claims or damages that may arise as a result of any actions or transactions that you engage in while interacting with swap or liquidity protocols through the Platform or the Software, in general.
c. No Representations Regarding Protocols. You acknowledge that the functionality of decentralized protocols, like liquidity or swap protocols, is experimental in nature. Protocols you interact with and rely on, are third-party software applications. We make no representations or warranties of any kind regarding these third-party applications, including but not limited to representations and warranties of compliance, availability, or security. We make no representations or warranties that decentralized protocols are compliant with laws of any jurisdiction, and you are solely responsible for making any such determination concerning your interaction with such protocols.
d. Fees. Your interaction with liquidity or swap protocols can be subject to or can incur fees, including fees of such protocols or liquidity providers.
a. Processing of Transfers Requests. The Platform provides users with the functionality of making transfers of crypto assets to the other users of the Platform. We will process your transfer requests by the instructions we receive from you. Please be aware that incorrect or wrong usernames or other identifiers of the user you intend to transfer crypto-assets to, or any typos or mistakes can lead to loss of crypto assets. You should verify all transfer information before submitting the request to us. We do not guarantee the identity of any user, receiver, requestee, or other third parties and we will have no liability or responsibility for ensuring that the information you provide is accurate and complete.
We may refuse to process or cancel any transfer request as required by law, regulation, subpoena, or any court or other authority to which we are subject in any jurisdiction, for instance, if there is suspicion of money laundering, terrorist financing, fraud, or any other financial crime.
b. Conversion Rules. The Platform may provide users with the functionality of conversion of crypto assets between users of the Platform by providing a forum where sellers and buyers may post advertisements for a direct conversion of crypto assets (like posting bids and offers). The conversion functionality includes automated mechanics of transferring crypto assets between users of the Platform without actually exchanging them by us. As soon as one user posted its advertisement for conversion according to the conversion rate specified by this first user at its sole discretion, the second user, who agrees with the terms of the advertisement, can proceed with the automated conversion according to such advertisement's terms. As soon as the second user agrees to conversion terms, the Platform will automatically credit Cwallet of both users with the specified amounts of crypto assets and will automatically transfer these crypto-assets between participating Cwallet.
c. No Control Over Price. We do not define, suggest and execute any control over the price of crypto assets. You agree that any dispute that may arise concerning any of your conversion transactions with the other user shall be resolved with such user, and without involving us.
d. Fees. You hereby acknowledge and agree that transfers and conversions may be subject to the fees.
a. The functionality of Platform. We operate the Platform that provides users with the functionality of transferring crypto assets between users, interacting with swap and liquidity protocols, accessing hosted crypto assets wallets, and accessing trading, liquidity, and fees-liquidity statistics of supported swap and liquidity protocols.
b. The functionality of Bot Software. We operate the Bot Software that provides users access to the Platform’s functionality while using supported third-party social networks or messengers. In plain terms, the Bot Software provides you access to the Platform’s functionality without using the graphic user interface of the Platform or Applications, but rather by communicating with the Platform through pre-defined commands. The Bot Software converts the commands to the specific requests or instructions to the Platform.
c. Command-Sensitive Performance. The Bot Software supports various commands, a list of which is available on the Platform. By using such commands you instruct the Platform to perform specific actions, for example, to transfer crypto-assets to other users of the Platform conditioned to any specific criteria. You hereby acknowledge and agree that the Bot Software’s performance may be command-sensitive, and using wrong commands, making mistakes, typos in commands may lead to loss of crypto assets or wrong or unintended execution of commands.
d. No Obligations to Update Software. You hereby acknowledge and agree that we have no obligation to enhance, modify or replace any part of the Software or to continue developing or releasing new versions of the Software.
a. You May Be Subject to Fees. In consideration for access to the Software, including the Platform, Bot Software， and related services we, decentralized protocols and/or liquidity providers may take fees that are based on your interaction with the Software and/or such decentralized protocols, on making transfers, conversions, deposits or withdrawals and/or usage of any other related services.
b. Amount of Fees. We will inform you of fees amounts and their description via the Software. Fees are subject to revision by us, decentralized protocols, and/or liquidity providers with or without prior notification. You are responsible for checking the fee schedule regularly and in each instance before interacting with the Software and/or decentralized protocols, making transfers, conversions, deposits, or withdrawals, and using any other related services that may incur a fee.
c. You Agree to Pay Fees. You hereby agree to pay all the applicable fees and any other amounts incurred by you or on your behalf through the Software, in the amounts that are in effect when such fees are incurred.
d. Transaction Fees. Please be aware that blockchains, distributed ledgers, or any decentralized networks and/or their designated third-party suppliers may take fees or commissions incurred by your activities within these blockchains, ledgers, or networks, including but not limited to, transaction fees. Please check their fees schedules before making any activities with them. We are not and will never be responsible for commissions of any blockchains, ledgers or networks, or any third parties even accessed through the Software.
e. Taxes. It is your responsibility to determine whether, and to what extent, any taxes apply to activities you perform through the Software, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. We do not undertake any responsibility to store or archive any transaction information, nor does the Software has any such storage or archival capability. Our fees do not include any present or future sales, use, value-added, excise, withholding, or similar taxes applicable to our services or associated expenses. We will include any applicable taxes to amounts billed to you.
a. You May Suggest Crypto Assets. We may provide users with a possibility to suggest we add technical support to a specific crypto asset. You hereby acknowledge and agree that we may add technical support of crypto assets at our sole discretion, we do not and shall never be obliged to satisfy your suggestion or even to consider your suggestion. We are not obliged to explain to you any reasons for our refusal to any your suggestion to add support of a crypto asset. If we decide to add technical support of a crypto asset you suggested, we may require you to enter into a separate agreement with us governing this technical support.
b. Your Representations. By suggesting to add technical support to a definite crypto asset, you represent and warrant that such crypto asset, its issuers, and any related infrastructure and network do not and will not violate any existing applicable law, statute, rule or regulation or any judgment, decree or permit to it is subject, including without limitation securities laws of any jurisdictions.
c. We May Stop Supporting Any Crypto Asset. We may at any time, with or without prior notice to users, remove any technically supported crypto asset from display or accessibility through the Software for any business or regulatory reason that we may deem appropriate.
a. Third-party Origin of Information. You acknowledge and agree that all the information and trading statistics displayed via the Software are retrieved directly from decentralized swaps and/or liquidity protocols and are not collected, compiled, or in any manner modified or processed by us.
b. No Guarantee over Information. We cannot and do not represent or guarantee that any of the information available through the Software including, but not limited to, the charts, diagrams, graphs, is accurate, reliable, current, complete, valid, stable, or appropriate for your needs. We do not guarantee the timeliness of the technology or information involved in the Software. We disclaim any liability for any loss or damage should you use or view the information available through the Software.
c. Platform and Software Accuracy. To continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation, information regarding our policies and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Software are your sole responsibility, and we shall have no liability for such decisions.
d. Promotions and Offers of Us. From time to time, we may make available special offers or conduct promotions, challenges, or contests to certain users. Subject to applicable laws, we or the issuer of crypto assets subject to an offer or promotion may establish qualifying criteria to participate in any special promotion at our or its sole discretion. We may revoke any special offer or promotion at any time without notice. We shall have no obligation to make special offers available to all users. We make no recommendation and do not provide any advice about the value or utility of any crypto asset subject to a promotion.
e. Promotions and Offers of Third Parties. While using the Software, you may be exposed to promotional materials that offer or present services of third parties. We do not endorse any third-party websites or services. Some of these sites may contain materials that may be objectionable, unlawful, or inaccurate. We are not responsible for any loss or damage should you use or view the third party's service, and have no control over such services. It is your sole responsibility to understand fully the services and products being offered by such third parties and the terms and conditions governing their services and products before transacting with such third parties.
THIS SECTION CONTAINS INFORMATION REGARDING SIGNIFICANT RISKS OF HOLDING AND PURCHASING CRYPTOCURRENCIES, TOKENS, OR ANY CRYPTO ASSETS. PLEASE READ THIS SECTION CAREFULLY.
a. Significant Risks Related to Crypto Assets. Holding and purchasing crypto assets, interacting with decentralized protocols involves significant risks and potential for financial losses, including, without limitation, the following:
- i. Asset Properties and Underlying Technology used to administer, create, issue, transfer, cancel, use or transact in crypto assets may be complex, technical, or difficult to understand or evaluate;
- ii. any crypto asset and its Underlying Technology may be vulnerable to Attacks, including Attacks using computing power sufficient to overwhelm the normal operation of a decentralized distributed ledger (blockchain) or other Underlying Technology;
- iii. any decentralized protocol or smart contract may be vulnerable to attacks, including phishing attacks. Any decentralized protocol or smart contract may cease to operate as expected due to various reasons, including Attacks, enforcement, and regulatory activities, scamming activities, technical and communication issues. We do not monitor any decentralized protocols. We do not make any representation and warranty that these decentralized protocols are safe, secure, verified or verifiable, or of any value or quality, or legality;
- iv. any crypto asset, Asset Properties, or Underlying Technology may change or otherwise cease to operate as expected due to a change made to the Underlying Technology, a change made using features or functions built into the Underlying Technology, or a change resulting from an Attack. These changes may include, without limitation, a "fork" or "rollback" of the crypto asset or blockchain;
- v. any crypto-asset may decrease in value or lose all of its value due to various factors including the discovery of wrongful conduct, market manipulation, changes to Asset Properties or perceived value of Asset Properties, Attacks, suspension or cessation of support for a crypto asset by decentralized protocols, trading platforms, marketplace platforms or service providers, and other factors outside our control;
- vi. any crypto-asset may be lost if sent to the wrong address (for example, but without limitation, if the address is improperly formatted, contains errors, or is intended to be used for a different type of crypto assets);
- vii. we make no representation whatsoever that any of the crypto assets that are technically supported or may be found or are accessible through the software are safe, suitable, true to any representations made by the crypto asset sponsor, verified or verifiable, or of any value or quality or legality;
- viii. we undertake no responsibility for conducting any due diligence or screening process about any crypto asset that is technically supported, accessible or discoverable through the software;
- ix. we may at any time be required by governmental authorities to freeze Accounts or provide information about users;
- x. we may at any time, with or without prior notice to users, cease technical support of any crypto asset, remove any crypto-asset from display or accessibility through the Software for any business or regulatory reason that we may deem appropriate;
- xi. we may suspend or reject any of your deposits or withdrawal requests, or your Account as we may consider necessary to comply with applicable laws or regulations or any order from law enforcement or other governmental authority, for other reasons as specified in these Terms or otherwise at our sole discretion.
b. Your Acceptance of Risks. The risks described in this Section 12 may result in loss of crypto assets, decrease in or loss of all value or exchangeability of crypto assets, inability to access or transfer crypto assets, inability to exchange crypto assets, inability to receive financial benefits available to other crypto assets holders, and other financial losses to you. You hereby assume and agree that we will have no responsibility or liability for, such risks. You hereby irrevocably waive, release and discharge any claims, whether known or unknown to you, against Cwallet, its affiliates, and their respective shareholders, members, directors, officers, employees, agents, and representatives (“Representatives”) related to any of the risks set forth herein.
c. Necessary Expertise and Resources. You represent and warrant that you have: (a) the necessary technical expertise and ability to review and evaluate the security, integrity, and operation of any crypto assets that you decide to acquire, exchange, or purchase; (b) the necessary technical expertise and ability to review and evaluate the security, integrity, and operation of the Platform or the Software in general; and (c) the knowledge, experience, understanding, professional advice and information to make your evaluation of the merits and risks of any crypto assets. You acknowledge that in exchanging any crypto-asset through decentralized protocols, you are not relying in any manner on us or our affiliates, and the fact that any particular crypto asset is technically supported, accessible or discoverable through the Software in no way constitutes, any endorsement or indication that such crypto asset has undergone any form of due diligence review or qualification, and in no way indicates any party’s opinion that the crypto asset is safe, suitable, true to any third party representations made, verified or verifiable, or of any value or quality or legality.
You should not acquire or trade any crypto assets unless you have sufficient financial resources and can afford to lose all value of the crypto assets.
d. No Advice. No Fiduciary Duty. We do not provide any advice, do not have any fiduciary duty to you or any other user, and do not make any warranty about the suitability of any crypto assets for ownership by you.
a. EXCEPT FOR THE EXPRESS WARRANTIES OUTLINED IN THESE TERMS, WE HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES ABOUT THE PLATFORM, THE SOFTWARE IN GENERAL, THEIR FUNCTIONALITY, OR OUR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUALITY. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY, OR COMPLETENESS OF THE SOFTWARE AND OUR SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT: (I) THE OPERATION OR USE OF THE SOFTWARE OR OUR SERVICES WILL BE TIMELY, UNINTERRUPTED, OR ERROR-FREE; OR (II) THE QUALITY OF THE SOFTWARE OR OUR SERVICES WILL MEET YOUR REQUIREMENTS.
b. YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET AND BLOCKCHAINS, AND THAT THE SOFTWARE OR OUR SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. WE ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY US, THE SOFTWARE AND OUR SERVICES ARE PROVIDED TO YOU ON AN "AS IS" BASIS.
c. YOU ACCEPT RESPONSIBILITY FOR ALL ACTIVITIES AND CONTENTS GENERATED BY YOU VIA THE SOFTWARE.
d. YOU FURTHER ACKNOWLEDGE THAT WE DO NOT ACT AS YOUR BROKER-DEALER, INTERMEDIARY, AGENT, OR ADVISOR TO ANY REQUEST YOU MAKE OR INSTRUCT US TO MAKE VIA THE SOFTWARE AND OWE YOU NO FIDUCIARY DUTY. ANY COMMUNICATION BY US TO YOU SHALL NOT BE CONSTRUED UNDER ANY CIRCUMSTANCES AS LEGAL, TAX, ACCOUNTING, OR FINANCIAL ADVICE. ANY USE OR ACCESS TO THE SOFTWARE SHALL NOT BE CONSTRUED AS THE FACILITATION OF ANY SALE OR EXCHANGE OF SECURITIES OR COMMODITIES AS AN EXCHANGE.
a. IN NO EVENT WE WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL USE, OR DATA), EVEN IF WE HAVE BEEN ON NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, WE WILL NOT BE RESPONSIBLE FOR ANY COMPENSATION OR DAMAGES ARISING IN CONNECTION WITH: (A) YOUR INABILITY TO USE THE SOFTWARE OR OUR SERVICES, INCLUDING AS A RESULT OF ANY (I) DENIAL OF ACCESS TO OR SUSPENSION OF ANY ACCOUNT OR WALLET, INCLUDING CWALLET, UNDER THESE TERMS, (II) OUR DISCONTINUATION OF ANY OR ALL PARTS OF THE SOFTWARE OR ANY OF OUR SERVICES, OR, (III) ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SOFTWARE FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS; (B) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS MADE BY YOU OR YOUR USE OF OR ACCESS TO THE SOFTWARE OR OUR SERVICES OR (C) ANY UNAUTHORISED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF ACCOUNT, CWALLET OR OTHER DATA.
b. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND RULES, OUR AGGREGATE LIABILITY FOR ALL CLAIMS UNDER THESE TERMS SHALL BE LIMITED TO THE TOTAL FEES PAID BY YOU TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE APPLICABLE CLAIM.
a. You agree to defend, indemnify and hold harmless Cwallet, its affiliates and their Representatives from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising out of or related to: (i) your use and access to the Software and our services, including transfers you made through the Software and your interactions with decentralised protocols, any data or content transmitted or received by you; (ii) your violation of any term of these Terms, including without limitation any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) negligent or wilful misconduct; or (vi) any other party’s access and use of other appropriate security code. The foregoing shall include the actions of any third party who wrongfully commit these actions under your Account or utilizing your password.
a. Notices. All notices and communications by you to us under these Terms shall be made in writing to our customer support team or by email: [email protected] and are effective on the date received (unless the notice specifies a later date).
b. Links. Links to third-party materials (including without limitation websites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third-party sites accessible or linked to the Software and Applications.
c. Independent Parties. We are an independent contractor for all purposes. Nothing in these Terms shall be deemed or is intended to be deemed, nor shall it cause, you and us to be treated as partners, joint venturers, or otherwise as joint associates for profit, or either you or us to be treated as the agent of the other.
e. Headings. Section, subsection, and paragraph headings in these Terms are for convenience only, and shall not govern the meaning or interpretation of any provision of these Terms.
f. Assignment. These Terms are personal to you, you cannot transfer or assign your rights, licenses, interests, and/or obligations to anyone else. We may transfer or assign our rights, licenses, interests, and/or our obligations at any time, including as part of a merger, acquisition, or other corporate reorganization involving the Software.
g. Severability. If any provision of these Terms is determined to be invalid or unenforceable under any applicable law, this will not affect the validity of any other provision.
h. Waiver. We may not always strictly enforce our rights under these Terms. If we do this, it will be just a temporary measure and we may enforce our rights strictly again at any time.
i. Translations. These Terms and any information or notifications that you or we are to provide should be in English. Any translation of these Terms or other documents is provided for your convenience only. In the event of any inconsistency, the English language version of these Terms or other documents shall prevail.
j. Survival. Upon termination of these Terms, all sections of these Terms which by their nature should survive termination or expiration will survive, including without limitation, the following sections: Section 1, Section 3, Section 4, Section 5, Sections 6(b)-6(d), Section 7(c), Sections 8(c)-6(d), Section 9, Section 10(c), Section 11, Section 12, Section 13, Section 14, Section 15, Section 17 and this Section 16(j).
k. Governing Law. These Terms are deemed entered into by the parties in Hong Kong. These Terms shall be governed exclusively under the laws of Hong Kong.
a. Complaint Process. If you have a dispute with us (“Complaint”), you agree to contact us through our support team to attempt to resolve any such dispute amicably. If we cannot resolve the dispute through our support team, you and we agree to use the Complaint Process outlined in this Section below. You agree to use this process before filing any legal action. If you do not follow the procedures set out in this Section before filing a legal claim or suit, we shall have the right to ask the arbitration to dismiss your filing unless and until you complete the following steps.
b. Procedural Steps. if your dispute with us is not resolved through your contact with our customer support team, you agree to file a Complaint by using our support form marking the word "Complaint" at the top. When filing a Complaint, you shall describe your Complaint, state how you would like us to resolve the Complaint, and any other information related to your dispute that you believe to be relevant.
c. Our Response. We will acknowledge receipt of your Complaint form after you submit it. Our customer relations agent ("Agent") will review your Complaint. The Agent will evaluate your Complaint based on the information you have provided and information in our possession. Within 15 business days of our receipt of your Complaint Form, the Agent will address the issues raised in your Complaint form by sending you an e-mail ("Resolution Notice") in which the Agent will: (i) offer to resolve your complaint in the way you requested; (ii) decide rejecting your Complaint and set out the reasons for the rejection; or (iii) offer to resolve your complaint with an alternative solution. In exceptional circumstances, if the Agent is unable to respond to your Complaint within 15 business days for reasons beyond our control, the Agent will send you a communication indicating the reasons for any delay in answering your Complaint, and specifying the deadline by which the Agent will respond to your Complaint, which will be no later than 45 business days from our receipt of your Complaint.
d. Binding Arbitration READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO SUBMIT THEIR DISPUTES TO BINDING ARBITRATION AND LIMITS HOW YOU CAN SEEK RELIEF FROM US.
Any dispute, claim, or controversy between you and us arising in connection with or relating in any way to these Terms or to your relationship with us as a user of the Software and/or our services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) will be determined by mandatory final and binding individual (not class) arbitration. The arbitrator shall have the exclusive power to rule on his or her jurisdiction, including without limitation any objections for the existence, scope, or validity of the agreement to arbitrate, or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this arbitration agreement and can award the same damages and relief as a court (including, if applicable, attorney fees), except that the arbitrator may not award declaratory or injunctive relief in favor of anyone but the parties to the arbitration.
The arbitration shall be subject to the HKIAC Administered Arbitration Rules (HKIAC Rules) in force when the Notice of Arbitration is submitted. The arbitration will be administered by the Hong Kong International Arbitration Centre (HKIAC). There shall be one arbitrator appointed under the HKIAC Rules. Any arbitration will be conducted in the English language. Regardless of how the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. JUDGMENT ON ANY ARBITRAL AWARD MAY BE GIVEN IN ANY COURT HAVING JURISDICTION OVER THE PARTY (OR OVER THE ASSETS OF THE PARTY) AGAINST WHOM SUCH AN AWARD IS RENDERED.
ANY ARBITRATION AGAINST US MUST BE COMMENCED BY FILING A REQUEST FOR ARBITRATION WITHIN ONE (1) YEAR, AFTER THE DATE YOU FIRST KNOW OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO YOUR CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT PERIOD. THIS ONE-YEAR LIMITATION PERIOD IS INCLUSIVE OF THE COMPLAINT PROCESS SET IN THIS SECTION, ABOVE. THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT PERIOD.
If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest period permitted by applicable law.
The party who intends to seek arbitration after the completion of the Complaint Process, set above, must submit a request to the HKIAC by the HKIAC Rules. If we request arbitration against you, we will give you notice at the email address or mailing address you have provided. You agree that any notice sent to this email or mailing address shall be deemed effective for all purposes, including without limitation to determinations of the adequacy of service. You should ensure that the email address and/or mailing address on file with us is up-to-date and accurate.
The seat of the arbitration shall be Hong Kong. The location of any in-person arbitration hearing shall be Hong Kong unless otherwise agreed to by the Parties.
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