DAU VAULT
Last Updated: 28th March 2024
Terms and Conditions
These Terms and Conditions (the “Terms”) are a contract between Dudee-Indeed Co., Ltd (“Company”, “we”, “us” or “our” as the context requires) and the user (“User”, “you” or “your” as the context requires) of the DAU Vault (the “App”) each a “Party”, collectively the “Parties”). These Terms govern your access to and use of the App which can be accessed via our website at https://dau.xyz/ecosystem (the “Site”) or a third-party service provider such as the App Store.
By using or accessing the App, including without limitation any related services, applications or software that are hosted, developed and/or operated by a third party (the “Services”), you agree that you have read, understood, and accepted all of the terms and conditions contained in these Terms. The Terms include and should be read together with our Privacy Policy, which is available at https://dau.xyz/privacy.
Your use of the Services is governed by the version of the Terms in effect on the date of use. We may make changes to the Terms from time to time without prior notice. If we do this, we will post the changed provisions on the Services, and the revised Terms shall be effective once they have been posted. It is your sole responsibility to review the Terms from time to time to view such changes and to ensure that you understand the Terms that apply when you access or use the Services. If we make material changes to these Terms, we will use reasonable efforts to provide notice of such changes, such as by providing notice through the Services, and through other communications. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services. You understand and agree that your continued use of the Services after we have made any such changes constitutes your acceptance of the new Terms.
The Services may not be available in all jurisdictions or to all Users. As the Services are evolving over time we may change or discontinue all or any part of the Services at any time and without notice, at our sole discretion and without liability to you as a result.
1.DEFINITIONS
The following words in these Terms are defined below:
1.1 “Affiliate” means any entity that is directly or indirectly, through one or more intermediaries, controlling, controlled by, or under common control with the Company.
1.2 “Applicable Law” means all relevant laws, rules, regulations, directives, guidelines, rulings, interpretations and circulars applicable to you or to us, the Services and/or Virtual Asset Transactions, and all relevant customs and practices in the relevant markets.
1.3 “AML/CTF Requirements” mean any Applicable Law pertaining to money laundering, and terrorism financing.
1.4 “Company’s Content” is defined in section below.
1.5 “Content” means content such as text, files, documents, graphics, images, designs, music, software, audio and video.
1.6 “DAU” means a fungible token of that name and minted by Du Bois Gold AG.
1.7 “Disputes” is defined in section below.
1.8 “ETH” means Ether, the cryptocurrency native to the Ethereum platform.
1.9 “Ethereum” means the decentralised platform as described at https://www.ethereum.org.
1.10 “Fees” is defined in section below.
1.11 “Forks” is defined in section 13.5.4 below.
1.12 “Gas Fees” means such fees payable in order to conduct and/or complete a transaction on a blockchain network such as Ethereum.
1.13 “Government Agency” means any government, semi-governmental, administrative, fiscal, judicial or quasi-judicial body, department, commission, authority, tribunal, agency or entity.
1.14 “Hardware Wallet” means an electronic device used to manage and secure Users’ private keys and other cryptographic secrets.
1.15 “Intellectual Property Right” means all intellectual and industrial property rights, including patent rights, rights to inventions, registered designs, design rights, copyright and neighbouring and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, layout-designs and other similar proprietary rights, all rights of whatever nature in computer programs, firmware, micro-code and other computer software and data, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all intangible rights and privileges of a nature similar to any of the foregoing, whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future.
1.16 “Prohibited Uses” is defined in section below.
1.17 “Proscribed Address” means any blockchain address that appears in a list of addresses with which dealings are proscribed by the United Nations or another Government Agency or relevant authority under Applicable Law, or is part of a group of addresses that appears in such a list; and without limiting the generality of this definition, an address stated on the United States of America Department of Treasury’s Specially Designated Nationals list.
1.18 “Proscribed Person” means a person who, in our determination (i) is in breach of any AML/CTF Requirements and/or Sanctions of any jurisdiction; (ii) appears on a list of persons with whom dealings are proscribed by the United Nations or another Government Agency or a regulatory authority under Applicable Law; or (iii) acts on behalf of, or for the benefit of, any person described in paragraph (i) or (ii).
1.19 “Restricted Jurisdiction” means a country or territory that is the target of country-wide or territory-wide Sanctions and such other country or territory in which we may not offer services, as determined by us from time to time.
1.20 “Sanctions” means any economic sanctions laws, regulations, embargoes or restrictive measures imposed by the United Nations Security Council and/or Singapore, the United States of America, the United Kingdom of Great Britain and Northern Ireland, the European Union or its member states, or any other jurisdictions selected for inclusion hereunder by us from time to time.
1.21 “SIAC” is defined in section below.
1.22 “SIAC Rules” is defined in section below.
1.23 “Stablecoin” refers to a type of Virtual Asset where the value of the Virtual Asset is pegged to a reference asset such as fiat currency or another Virtual Asset.
1.24 “Supported Virtual Assets” mean such Virtual Assets for which we may provide Services from time to time .
1.25 “Third Party IP” is defined in section below.
1.26 “User”, “you”, and “your” means you as the user and/or accessor of the Services. If you use the Services on behalf of a company or other entity, then “you” includes you and that entity, and you represent and warrant that: (i) you are an authorised representative of the entity with the authority to bind the entity to these Terms, and (ii) you agree to these Terms on the entity’s behalf.
1.27 “Wallet” refers to the self-custodial Virtual Asset wallet that is (i) provided as a feature of the App or (ii) added or linked from your Hardware Wallet to your user account.
1.28 “Virtual Asset” means any digital representation of value based on, or built on top of, a cryptographic protocol of a computer network.
1.29 “Virtual Asset Transaction” means a transaction in Supported Virtual Assets entered into pursuant to the Terms, and includes the transfer, receipt, and other dealing in and with, any Supported Virtual Assets executed with or through us pursuant to the Terms.
2.AGREEMENT TO TERMS
By using the Services and/or clicking “I agree” when prompted to agree to these Terms, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, you may not access or use the Services.
3.ADDITIONAL TERMS AND POLICIES
Your use of the Services may be subject to additional terms and conditions as may be posted on the Services from time to time. Those additional terms and conditions then become part of your contract with us if you use (or continue to use) the Services.
4.THE SERVICES
4.1 The App provides a self-custodial Virtual Asset wallet with which Users can hold Virtual Assets and transfer, receive and hold Supported Virtual Assets. Users may transact with such Supported Virtual Assets using the Ethereum blockchain and/or such other blockchain networks as determined by us in our sole and absolute discretion.
4.2 The App allows Users to generate wallet addresses and associated private keys with which to transfer and receive Supported Virtual Assets.
4.3 The App allows Users to link Hardware Wallets to their user account and conduct Virtual Asset Transactions between their user account and the accounts generated from the Hardware Wallets.
4.4 The App allows Users to store and maintain a list of their contacts and their associated wallet addresses.
4.5 The App allows Users to filter the display list of their Supported Virtual Assets according to their preferences by adjusting Services settings.
4.6 The App may also provide additional services as the Company may specify by adding to this list.
5.USER ELIGIBILITY
5.1 To use the Services, you must be at least 18 years of age (or the age of majority in your jurisdiction) and be capable of entering into a legally binding contract.
5.2 By using the Services, you affirm, represent, and warrant that you have the right, authority, and capacity to agree to and be bound by these Terms, that you meet all of the eligibility requirements as set forth in this section and in the Terms generally, that you, any person who controls you and any person for whom you act is not a Proscribed Person, and that your access and use of the Services does not violate any Applicable Law, including those in your jurisdiction.
5.3 We reserve the right to restrict, suspend and/or terminate your use of the Services at any time if any of the aforementioned eligibility requirements are not satisfied.
6.USER ACCOUNT AND EQUIPMENT
6.1 You need to set up a user account with us in order to use the Services.
6.2 When you set up a user account, we may ask you for some information about yourself, and require you to provide additional information and/or documents for know-your-customer and anti-money laundering purposes and compliance with AML/CTF Requirements and other Applicable Law. You agree that all information and/or documents about yourself which you provide are accurate, current, and complete. You also agree to timely update any information and/or documents which you have provided to us should there be any change in said information and/or documents. If you do not provide accurate, current, and complete information and/or documents to us, you will not be eligible to use the Services.
6.3 You must provide all equipment, connectivity, and software necessary to connect to the Services. You are solely responsible for any costs and expenses, including Internet connection or mobile fees, which you incur when accessing and using the Services.
6.4 You are reminded to keep your username, password and private key secret. You also agree to be solely responsible for the security and safety of your user account and any devices you may use in conjunction with the Services, such as Hardware Wallets. You are also solely responsible for all actions taken using your user account, whether authorised by you or not, until you notify us that your user account has been compromised.
7.TERMS OF USE
7.1 User obligations. We want Users to use the Services freely, but not at the expense of the safety and wellbeing of others. You therefore agree not to use the Services in a manner:
(a) that violates these Terms or any other terms and conditions that apply to your use of the Services;
(b) that is unlawful, misleading, discriminatory, or fraudulent (or that assists someone else in using the Services in such a way); or
(c) that infringes or violates someone else’s rights.
7.2 Prohibited conduct. By using the Services, you further agree not to do any of the following:
(a) use or attempt to use another User’s account without authorisation from such User;
(b) use, display, mirror or frame the Services or any individual element within the Services, the Company’s name, the Company’s trademark, logo or other proprietary
information, or the layout and design of any page or form contained on a page, or any of the Company’s Content, without our express written consent;
(c) attempt to hack or hack the Services or any of our Users, or upload any computer viruses including worms, Trojan horses, corrupted files, cancelbots, or any other similar software or programs which may damage, disable, overburden, or impair the Services or another User’s computer or property;
(d) attempt to access or search the Services or download Content from the Site or Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data-mining tools or the like) other than the software and/or search agents provided by the Company;
(e) use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
(f) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
(g) collect or store any personally identifiable information of other Users without their express permission, except as permitted through the legitimate usage of the Services;
(h) impersonate or misrepresent your affiliation with any person or entity in using the Services;
(i) violate any Applicable Law through your use of the Services;
(j) use the Services for the purpose of or in connection with concealing economic activity, laundering money, or financing terrorism in violation of the AML/CTF Requirements;
(k) use the Services, directly or indirectly, for, on behalf of, or for the benefit of, any natural or legal person that is the subject of Sanctions;
(l) engage in deceptive or manipulative trading activities;
(m) use the Services by or on behalf of any competitor of ours for the purpose of interfering with the Services to obtain a competitive advantage;
(n) use the Services to post or transmit any unauthorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or is otherwise detrimental to or in violation of our systems, policies or network security, or those of a third party;
(o) distribute spam to other Users;
(p) encourage or enable any other person to do any of the foregoing.
7.3 Effecting outbound transfers. You may instruct us to effect outbound transfers of the Supported Virtual Assets in your Wallet on the following basis:
(a) Once instructed, we will, within a reasonable time, submit the transfer to the relevant underlying blockchain for processing.
(b) Gas Fees may be required to process transfers. You shall be solely responsible for paying all Gas Fees. In this regard, you should ensure that there are sufficient Virtual Assets stored in your Wallet for payment of Gas Fees before instructing us to effect a transfer. We are not obliged to make up for any shortfall in the event that there are insufficient Virtual Assets stored in your Wallet for payment of Gas Fees in relation to any transfer.
(c) You acknowledge that a transfer will only be completed after it is processed and added to the underlying blockchain. You further acknowledge that we have no control over the underlying blockchain(s) of Virtual Assets (including Supported Virtual Assets), and makes no guarantees that transfers submitted for processing will be successfully completed.
(d) You acknowledge that transfers of Virtual Assets may not be cancellable or reversible once they have been submitted for processing on the underlying blockchain network. We are not obliged to verify any transaction information on your behalf. In this regard, you should verify all transaction information (such as the transfer amount, the Virtual Asset to be transferred, and destination wallet address) before submitting instructions to us.
(e) We shall bear no liability or responsibility in the event that you issue incorrect instructions through your user account. You bear sole and absolute responsibility for all instructions submitted through your user account, and we shall be entitled to assume that all instructions issued through your user account are valid unless and until you issue a notice to us that your user account has been compromised.
(f) You acknowledge that the transfer instruction will not result in us performing any actions in violation of the Terms or any Applicable Law.
7.4 Exercise of Virtual Asset-related functionalities. Certain Virtual Assets may provide additional functionalities (such as the ability to exercise governance rights in relation to the Virtual Asset’s underlying protocol or blockchain network, and/or the ability to stake the Virtual Asset to earn rewards). The Wallet may not support these functionalities, and we are not obliged to enable you to access, use and/or benefit from functionalities other than storage, receipt, and transfer of Supported Virtual Assets linked to your Wallet.
7.5 User account and private key security. By using the Services, you agree to be solely responsible for the security and safety of your user account and any private keys associated with your Wallet, wherever you may choose to store them.
7.6 Right to terminate access. We reserve the right to suspend or terminate your access to the Services at any time in connection with any Virtual Asset Transaction as required by the Applicable Law, any governmental authority, or if we in our sole and reasonable discretion determine you are violating these Terms or the terms of any third-party service provider. In accordance with our compliance policies and practices, we may impose reasonable limitations and controls on the ability of you or any beneficiary to utilise the Services. Such limitations may include where good cause exists, rejecting transaction requests, freezing Virtual Assets, or otherwise restricting you from using the Services. We also reserve the right to cooperate with law enforcement authorities and disclose any information in our possession or from our Services that we deem necessary to meet any Applicable Law, regulations or legal processes. Subject to the above:
(a) You acknowledge and agree that we shall have no liability or obligation to you in such event that we suspend or terminate your access to the Services.
(b) Such suspension or termination of your access to the Services, imposition of limitations and controls on the ability to utilise the Services, or exercise of our right to take follow-up actions as a result of the circumstances set out in section 7.6 above, shall not be construed as a breach of these Terms by us.
(c) We may also suspend or terminate your access to the Services if, in our opinion, the Services may (i) not comply with Applicable Law, including any AML/CTF Requirements; (ii) be used to circumvent any Applicable Law, including any AML/CTF Requirements; (iii) result in us providing Services to a person in a Restricted Jurisdiction; or (iv) result in us being associated with a Proscribed Person or Proscribed Address.
If you become aware of any use of the Services in violation of any of the terms specified in this section, please contact us at legal@dauvault.xyz to report it.
8.THE COMPANY’S INTELLECTUAL PROPERTY
8.1 The Services and all Content contained therein, including without limitation the Company logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Company’s Content”) belong to us or our licensors.
8.2 The Company and our licensors exclusively own all right, title and interest in and to the Services, including all associated Intellectual Property Rights therein. You acknowledge that the Services is protected by trademark, copyright and other laws. The appearance and style of the Services constitutes the trademark of the Company and its licensors.
8.3 Provided that you are eligible for use of the Services, and subject to your compliance with these Terms and Applicable Law, you are granted a worldwide, non-exclusive, revocable, non-transferable, non-assignable, non-sub-licensable, royalty-free, limited and personal licence to access and use the Services. This licence is revocable by us at any time without notice and with or without cause.
8.4 In relation to the Company’s Content, Users agree and acknowledge that they will not do, or attempt to do, the following (“Prohibited Uses”) without the Company’s express prior written permission in each case:
(a) modify, distort, mutilate, or perform any other modification to the Company’s Content;
(b) copy, imitate, apply for, register, or otherwise use or attempt to use the Company’s trademark in whole or in part anywhere in the world;
(c) remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services;
(d) attempt to trademark, copyright, or otherwise acquire additional Intellectual Property Rights in or to the Company’s Content;
(e) use any of the Company’s Content to link to the Services without our express written permission;
(f) use framing techniques, metatags or other ‘hidden text’ to enclose any of the Company’s Content;
(g) republish the Company’s Content on any internet, intranet or extranet site or incorporate the Company’s Content in any other database or compilation;
(h) make commercial use of the Company’s Content;
(i) use the Company’s Content to advertise, market, or sell any third-party product or service;
(j) use the Company’s Content in any pornography, or in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, terrorism or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others;
(k) use the Company’s Content in a manner which, in our sole discretion, would be prejudicial to the brand and/or reputation of the Company; or
(l) attempt to mint, tokenise, or create a cryptographic token representing the Company’s Content.
8.5 It is the Company’s policy to terminate user accounts and the licence granted to Users in appropriate circumstances in the event Users engage in Prohibited Uses or repeatedly infringe or are believed to be repeatedly infringing the Intellectual Property Rights of the Company or third parties. We may also commence legal action against you in such a case. Such unauthorised use may also violate Applicable Law, including without limitation copyright and trademark laws and applicable communications regulations.
8.6 Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any licence to Intellectual Property Rights, whether by estoppel, implication or otherwise.
8.7 If you become aware of any Prohibited Uses specified in this section, please contact us at legal@dauvault.xyz to report it.
8.8 We welcome feedback and suggestions for the Services. You agree that any feedback provided to us can be used at our discretion in any manner, without notice and without compensation to you, and may form part of the Company’s Content.
9.THIRD-PARTY CONTENT AND INTELLECTUAL PROPERTY
9.1 Third-party materials you access through our Services are not controlled by us. This may include services, Content or website links you access through the Services. You acknowledge and agree that we are not responsible for any aspect of the information, Content, or services contained in any such third-party materials accessible from or linked to the App or Site.
9.2 Where a third party owns the Intellectual Property Rights, including but not limited to trademarks, copyright, patents or trade secrets, associated with the Services (“Third Party IP”), you agree that, subject to your compliance with these Terms, the Applicable Law and section below, you are granted a worldwide, non-exclusive, revocable, non-transferable, non-assignable, non-sub-licensable, royalty-free, limited and personal licence in relation to the Third Party IP solely for your own use in connection with the Services.
9.3 In relation to Third Party IP, you agree that:
(a) you may not otherwise modify, edit or change the Third Party IP;
(b) we may pass on additional restrictions based on our licence under the Third Party IP to you;
(c) to the extent that we inform you of such additional restrictions in writing, you will be responsible for complying with all such restrictions from the date that you receive the notice, and that failure to do so will be deemed a breach of your licence;
(d) your use of Third Party IP may be subject to any terms and conditions you may enter into with the third party, including the imposition of different privacy policies and the involvement of separate fees and charges;
(e) it is your responsibility to understand the terms and conditions of third parties, including how these service providers use any of your information under their privacy policies; and
(f) you access, rely upon or use any third-party materials at your own risk, and you are solely responsible for ensuring that your reliance or use is in compliance with the Applicable Law.
10.TRANSFERS AND FEES
10.1 Payments.
10.1.1 You may make transfers to third parties such as when you use your Wallet to conduct Virtual Asset Transactions. Virtual Assets transferred by one person (“Transferor”) to another (“Transferee”) through the Services shall be contracts entered into directly and only between the Transferor and Transferee.
10.1.2 Any transaction fees levied by a third party in connection with completing any transfer, whether to the Company or to Users, shall be paid by the User.
10.2 Fees.
10.2.1 You are solely responsible for all costs incurred by you in using the Services, including Gas Fees (“Fees”).
10.2.2 You authorise the Company to automatically deduct any Fees, including Gas Fees or any other applicable processing fees, directly from any transfers due to you.
10.2.3 All Fees are non-refundable except at the sole discretion of the Company (for Fees within its control) or applicable third parties.
11.COMPLIANCE WITH APPLICABLE LAW AND TAXES
11.1 You are solely responsible for determining, collecting, reporting and paying all applicable taxes arising from transactions under the Services, including but not limited to any and all federal, state, local, municipal and national taxes, duties, levies, tariffs and other governmental charges, including gross receipts, personal or corporate income, profits, sales, use, occupation, goods and services, value added, ad valorem, transfer, franchise, withholding, payroll, recapture, employment, excise and property taxes, together with all interest, penalties and additions imposed with respect to any such amounts (“Tax” or “Taxes”).
11.2 Your dealings with Virtual Assets through the Services may be subject to Goods and Services Tax or Value Added Tax, as applicable.
11.3 You agree that we do not provide financial, legal, tax, accounting or other professional advice and are not responsible for determining whether taxes apply to your transactions, or for collecting, reporting, withholding or remitting any Taxes arising from any Virtual Asset Transactions. Nothing from the Services, including any of the Company’s Content, should be construed as financial, legal, tax, accounting or other professional advice. It is highly advisable that you consult your lawyer, professional tax adviser or other independent professional advisor from persons licensed and qualified in the area for which such advice would be appropriate to determine your obligations and your tax status in your home jurisdiction.
11.4 We reserve the right to report any activity arising from your use of the Services to relevant Tax authorities as required under the Applicable Law. You are solely responsible for maintaining all relevant Tax records and complying with any reporting requirements you may have as related to the Services. You are further solely responsible for independently maintaining the accuracy of any record submitted to any Tax authority including any information derived from the Services.
11.5 Additionally, you agree to comply with all Applicable Law of Singapore and other applicable jurisdictions. In compliance with the AML/CTF Requirements, we will work with any relevant Government Agency as required and may provide any information associated with you to such Government Agency. We may also access and disclose information we stored associated with you to external third parties if, in our sole discretion, we believe doing so is required or appropriate to:
(a) comply with relevant law enforcement or national security requests and legal procedure in any applicable jurisdictions, such as a court order or a subpoena;
(b) protect your, our, or others’ rights, property, or safety;
(c) enforce these Terms and our Privacy Policy;
(d) collect amounts owed to us; or
(e) assist with an investigation or prosecution of suspected or actual illegal activity.
11.6 If in our sole discretion we believe that you are in breach of the representations and warranties set out in section 12.1(c) and (d) below, we may discretionarily or in coordination with any relevant Government Agency seize, freeze, restrict or close-out your User account and any Virtual Assets held on your account and/or exercise our rights in section 7.6 above.
12.USER REPRESENTATIONS AND WARRANTIES
12.1 You represent and warrant that:
(a) you understand that neither the App nor the Company stores your private keys or back-ups of private keys, and that if you lose your private keys, we will not be able to recover them.
(b) you are knowledgeable, experienced and sophisticated in using blockchain technology, entering into blockchain-based transactions, and in using the Services;
(c) you have made enquiries if necessary and are satisfied as to the legitimacy, authenticity and lawfulness of your right to deal with Virtual Assets;
(d) all your actions on the App are made in a legal and proper manner and your sources of Virtual Assets are not from illegal activities;
(e) you will not accept, solicit, offer, or engage with other Users, transact on or off the Services or otherwise engage with smart contracts, with the intent to artificially devalue, inflate, or otherwise deceptively influence, misrepresent, or cause to be misrepresented the price of Virtual Assets; and
(f) you will not engage in any unlawful or deceptive conduct that may prevent competitive or fair trading, artificially inflate or deflate the price of Virtual Assets, simulate demand for Virtual Asset, or any other anti-competitive practices.
12.2 You understand and agree that Virtual Assets transferred through the Services shall not under any circumstances be deemed or treated as:
(a) a debt or liability of any nature owed by the Company or any of its Affiliates to you or any other entity;
(b) any form of financial derivative including, but not limited to, a futures contract, forward contract, option, swap or warrant;
(c) a contract for difference of any form or kind or any other contract, the purpose of which is to secure a profit or avoid a loss by reference to fluctuations in the value or price of an asset or an index;
(d) any commercial paper or negotiable instrument;
(e) any commodity or asset that any person is obliged to redeem or purchase;
(f) any note, bond, warrant or other certificate that entitles you to any repayment, or any interest, dividend or any other kind of return, by the Company, its Affiliates or any other entity;
(g) an interest or share in any investment fund or collective investment scheme;
(h) the pooling of monies with the aim of spreading investment risk;
(i) entitling you to participate in any profits or gains from the acquisition, holding, management, or disposal of assets; and
(j) any security, capital markets product, investment or equivalent terms in any jurisdiction.
13.ASSUMPTION OF RISK
The Company will not be responsible for any risks to you from using the Services, including but not limited to the risks listed in this section. This section is not intended to set out in detail all of the risks associated with handling Virtual Assets or your use of the Services. The risks set out below are not exhaustive and only outlines the general nature of the risks involved. You should ensure that your decisions are made on a well-informed basis, and you should undertake your own assessment as to the suitability of handling Virtual Assets in light of your experience, objectives, financial resources and your specific needs and requirements. By opening an account, you are deemed to have reviewed, understood and accepted the risks associated with the Services. We may update our Terms and this section from time to time to list additional risks in handling Virtual Assets, but we accept no liability whatsoever in the event that any risk is not addressed herein. It is your responsibility to stay up to date with the provisions of this section published by us from time to time. You also accept and acknowledge that:
13.1 Nature of Virtual Assets.
13.1.1 Virtual Assets are not legal tender and are not backed by any government and may not be backed by any physical assets.
13.1.2 There is no assurance that a party who accepts Virtual Assets as a form of payment or a store of value will continue to do so in the future.
13.1.3 The nature of Virtual Assets may be very complex, and their terms, features, and/or risks may not be readily or fully understood due to the complex structure, novelty and reliance on technological features.
13.2 Value of Virtual Assets and Risk of Loss.
13.2.1 Dealing with Virtual Assets carries a high level of risk and, as such, may not be suitable for all Users. You should not handle Virtual Assets if you do not understand or are unable to accept the significant risks involved. Unlike other traditional asset classes, most Virtual Assets do not generally have any underlying or intrinsic asset value or any assets supporting their price.
13.2.2 Dealing with Virtual Assets involves significant risk. There is limited or no fundamental reasoning behind the pricing of Virtual Assets which may be subject to irrational and uncontrollable market forces. Whether the future price for a Virtual Asset will increase or decrease is unpredictable and purely speculative. Likewise, there is a risk that a Virtual Asset may not have any value whatsoever. You handle Virtual Assets at your own risk.
13.2.3 Virtual Asset values are highly volatile and can fluctuate substantially in comparison to fiat currencies or other traditional asset classes. As a result, market conditions can change significantly in a very short period of time. Furthermore, the value of a Virtual Asset may never recover if there is no interest or development in the Virtual Asset. You are therefore at risk of losing all or a substantial portion of the value of your Virtual Assets. Such losses can occur in a very short period of time.
13.2.4 Although the value of Stablecoins is pegged to an asset, their prices similarly fluctuate according to market forces. Certain events may result in a Stablecoin de-pegging from its reference asset. Any guarantee provided by the issuer of a Stablecoin as to the redemption value of a Stablecoin is an arrangement between the issuer and the holder of the Stablecoin. We do not make any promises or guarantees with respect to the value of Stablecoins or Virtual Assets that you hold in your Wallet.
13.2.5 A lack of public interest in the Services may also negatively impact the potential utility or value of Virtual Assets.
13.2.6 You understand that you should be able to bear the risk of potential losses up to and even beyond the full amount of your deposited Virtual Assets, and you should only handle Virtual Assets that you can afford to lose without impacting your standard of living and proportionate to your income. You should cease handling Virtual Assets if your personal situation no longer permits.
13.2.7 Dealing with Virtual Assets is not appropriate for Users with limited resources, limited experience with Virtual Assets and their underlying technologies; and/or a low-risk appetite to losses in Virtual Assets.
13.2.8 You should ensure that you have an understanding of the economic and other types of risks involved in handling Virtual Assets. You have done your own research before you decide to transfer or otherwise interact with Virtual Assets, and are using the Services at your own risk. You should seek professional advice where appropriate.
13.2.9 Before opening an account, you are deemed to have evaluated and confirmed that you understand the risks involved.
13.3 Past Performance.
13.3.1 The value of any Virtual Asset may decrease as well as increase. The value of Virtual Assets may be susceptible to irrational market forces. Any data on the past performance of a Virtual Asset does not guarantee, and may not be a reliable indicator of, future performance.
13.4 Suitability.
13.4.1 We provide an execution-only service and do not advise on the merits of any particular Virtual Asset Transaction or associated tax consequences, and we do not provide any other financial, investment or legal advice in connection with the Services.
13.4.2 We act as a provider of a self-custodial wallet for Virtual Assets, and we effect outbound transfers of the Supported Virtual Assets in your Wallet. We are therefore not responsible for assessing whether the Services are suitable for you or whether any particular Virtual Asset Transaction is suitable for your needs.
13.4.3 Any information provided on the App or the Site is for information purposes only and is not, nor intended to be, financial advice, investment advice, a trading recommendation or any other advice. We do not warrant the accuracy, completeness or usefulness of such information and such information should not be considered as an offer to buy or sell a Virtual Asset. You are solely responsible for determining whether any Virtual Asset Transaction is appropriate.
13.4.4 By opening an account, you accept the risk of handling Virtual Assets. In entering into any Virtual Asset Transaction, you represent that you have been, are, and will be solely responsible for making your own independent appraisal and investigation into the risks of each Virtual Asset Transaction and the underlying Virtual Assets.
13.4.5 By utilising our services, you represent that you have sufficient knowledge, market sophistication, professional advice and experience to make your own evaluation of the merits and risks of any Virtual Asset Transaction or any underlying Virtual Asset prior to opening an account.
13.4.6 You must ensure that you seek professional advice, if necessary, taking into account your level of experience with Virtual Assets and their underlying technologies and your risk tolerance.
13.4.7 You should be fully aware of the specific characteristics and risks relating to the particular Virtual Asset that you are planning to transact with.
13.5 Availability of Virtual Assets.
13.5.1 Your ability to receive Virtual Assets using the Services may be dependent on the existence of a counterparty willing to transfer the same Virtual Asset. This is outside of our control. We make no guarantee as to the timing or availability of the ability to trade Virtual Assets via our Services.
13.5.2 The value of Virtual Assets may be derived from the continued willingness of parties to trade Virtual Assets, which may result in the potential for permanent and total loss of value of a particular Virtual Asset should the market for it disappear.
13.5.3 A Virtual Asset may change or otherwise cease to operate as expected due to changes made to or using its underlying technology, including by way of cyber-attack. Such changes may dilute the value of your Virtual Assets and/or distribute the value of your Virtual Assets to other Virtual Assets.
13.5.4 Changes to the protocol or network of the underlying blockchain include changes in operating rules (“Forks”). A Hard Fork may result in a permanent split from a previous version of the blockchain and will effectively create a new Virtual Asset. The occurrence of a fork is outside of our control. The supply of Virtual Assets as a result of a fork or similar changes to a Virtual Asset's protocols and our ability to provide Services for the new Virtual Asset which arises as a result may depend on third party providers which are outside of our control. We do not own or control any of the protocols that are used in connection with Virtual Assets and their related networks. Accordingly, we are not liable in respect of such protocols or any change in the value of any Virtual Asset (whether as a result of a fork or any similar change to a Virtual Asset's protocol or otherwise), and we make no guarantees regarding the security, functionality, or availability of such protocols.
13.5.5 Forks may affect the availability, value, functionality and/or name of a Virtual Asset, and may result in more than one version of the Virtual Asset and/or the Company holding an amount of Virtual Assets associated with each forked network.
13.5.6 You are deemed to accept all risks associated with the use of the Services, including, but not limited to, the failure of hardware, software, and internet connections.
13.6 Risks of Virtual Asset Transactions While Using the Services.
13.6.1 Virtual Asset Transactions are irreversible. Thus, accidental or fraudulent transactions with respect to Virtual Assets may not be recoverable. You must therefore exercise caution when making any Virtual Asset Transactions and are solely liable for any losses that may arise.
13.6.2 Your instruction to us for an outbound transfer is binding upon completion of the steps described in these Terms. Your instruction will not be effected unless otherwise provided in these Terms. There is a risk that the outbound transfer does not occur simultaneously along with your instructions. Thus, you may suffer losses due to the fact that your instruction is not carried out at the desired time.
13.6.3 There is a genuine risk that unauthorized third parties may access your account by means of malicious software, hacking, theft or attacks, and such parties may make transactions without your knowledge or authorization, whether by obtaining control over a Hardware Wallet, device or account you use or by other methods.
13.6.4 We are not obliged to provide any adaptations, enhancements, and/or modifications to the materials and information provided on the App. This means, for example, that you may have an out-of-date version of the App, and new features may not be incorporated to the version of the app you use. It is your responsibility to ensure you update and download applicable updates and versions.
13.7 Risk of Financial Crime and Cyber Crime.
13.7.1 The nature of Virtual Assets means that they may be exposed to an increased risk of financial crime or cyber-attack, which includes but is not limited to malware, hacking, phishing, double spending, smurfing, spoofing, sybil attacks, social engineering, majority-mining, consensus-based, or other mining attacks, misinformation campaigns, distributed denial of services, and Forks. The transfer of Virtual Assets into a Wallet exposes the Virtual Asset to the risk of loss from, amongst other things, security breaches from cyber-attacks that hack and steal Virtual Assets.
13.7.2 There is limited, or in some cases no, mechanism for the recovery of lost or stolen Virtual Assets.
13.7.3 Your Wallet, Hardware Wallet and any private keys stored within may be at risk of hacking, cyber-attacks, or any of the risks mentioned in section 13.7.1 above. Disruptions, theft, cyber-attacks and hacks of Virtual Asset service providers and theft of Virtual Assets unfortunately are very common. Victims may face extreme difficulty recovering losses from hackers, service providers including trading platforms, or other related industry organization and/or individuals. This could result in significant losses and other adverse impacts that may materially affect your interests.
13.8 Technology Risk.
13.8.1 Understanding Virtual Assets requires advanced technical knowledge. Virtual Assets are often described in exceedingly technical language that requires a comprehensive understanding of applied cryptography and computer science in order to appreciate inherent risks. The display of a Virtual Asset on the App does not indicate our approval or disapproval of the underlying technology regarding that Virtual Asset, and should not be used as a substitute for each your understanding of the risks associated to that Virtual Asset.
13.8.2 The software protocols that underlie Virtual Assets are typically open source projects, which means that (i) the development and control of such Virtual Assets is outside of our control; and (ii) such software protocols are subject to sudden and dramatic changes that might have a significant impact on the availability, usability or value of a specific Virtual Asset.
13.8.3 The nature of Virtual Assets means that technological difficulties experienced by us may prevent your access to, or use of, your Virtual Assets. We may experience sophisticated cyber-attacks, unexpected surges in activity or other operational or technical difficulties that may cause interruptions to the Services, or may result in your Virtual Assets being lost and/or stolen. You should understand that the Services may experience operational issues that lead to delays. By using the Services, you agree to accept the risk of Virtual Asset Transaction failure resulting from unanticipated or heightened technical difficulties, including those resulting from sophisticated attacks.
13.8.4 Virtual Assets are dependent upon new technologies, including distributed ledger technologies for the purposes of, amongst other things, anonymity, irreversibility of transactions, accidental transactions, transaction recording and settlement.
13.8.5 Virtual Assets exist only by virtue of the ownership record maintained on their supporting blockchain. Any transfer of title occurs on the decentralised ledger within such blockchain network. We do not guarantee that we can effect the transfer of title or right in any Virtual Assets. Virtual Asset Transactions may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable. Virtual Asset Transactions may be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that you initiated the transaction.
13.8.6 Virtual Asset Transactions cannot be reversed. Once you send a Virtual Asset to another wallet address, there is a risk that you may lose access to the Virtual Asset indefinitely. For example, a wallet address may have been entered incorrectly and the true owner of the wallet address may never be discovered, or a wallet address may belong to an entity that will not return your Virtual Assets or which will only do so following action on your part.
13.8.7 Neither the App nor the Company stores your private keys or back-ups of private keys. If you lose your private keys or back-ups of private keys, which neither the App nor the Company stores, we will not be able to recover them.
13.8.8 You may lose your private key for external wallet addresses in certain circumstances, including but not limited to (i) if the private key has been backed up on paper or stored in a Hardware Wallet, and it is subsequently lost or stolen; or (ii) if the private key has been hacked or stolen. The person in possession of a private key for an external wallet address will own the Virtual Assets.
13.8.9 The use of the App on a jailbroken device may compromise security and lead to fraudulent transactions. You may suffer losses as well as a termination of the Services.
13.8.10 Virtual Assets and our Services depend on the internet and other technology (including various communication methods and mediums). However, the public nature of the internet means that parts or the entire internet may be unreliable or unavailable at any given time. The Services may be temporarily unavailable from time to time for maintenance or other reasons. Furthermore, interruption, delay, corruption or loss of data, the loss of confidentiality or privacy through the course of data transmission, or malware transmission may occur when transmitting data via the internet and/or other technology. The above may result in your Virtual Asset Transactions not being executed according to your instruction at the requested time, or not executed at all. We will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Services, however caused.
13.8.11 There is no technology that is completely secure or safe. You should therefore exercise caution when using any technology.
13.8.12 The internet as well as other electronic media (including but not limited to electronic devices, services by third-party telecom service providers such as mobile phones or other handheld trading devices or interactive voice response systems) are an inherently unreliable form of communication, and such unreliability may be beyond our control.
13.8.13 Any information (including any document or data) transmitted, or communication or transactions made, over the internet or through other electronic media (including but not limited to electronic devices, services by third-party telecom service providers such as mobile phones or other handheld trading devices or interactive voice response systems) may be subject to interruption, transmission blackout, delayed transmission due to data volume, internet traffic, market volatility or incorrect data transmission (including incorrect price quotation), or pause and/or delay of price data feed due to the public nature of the internet or other electronic media.
13.9 Legal and Market Risks.
13.9.1 Pursuant to section 11 above, you are solely responsible for complying with the Applicable Law.
13.9.2 Due to the relatively recent development of Virtual Assets, banks and other Government Agencies have different views as to the risks associated with funds generated from the buying and selling of Virtual Assets or may have a very low tolerance for risk. Accordingly, your bank may freeze your account or reject any incoming funds if the bank concludes that such funds are the result of buying or selling Virtual Assets.
13.9.3 We may suspend your access to your account. In such circumstances, you will not be able to transfer or otherwise deal with your Virtual Assets. We may also suspend your ability to make transfers on the App, in which case you will not be able to effect Virtual Asset Transactions.
13.9.4 You may suffer losses as a result of value depreciation of a Virtual Asset you paid as a result of controls imposed by a Government Agency. Repayment or payment of any amounts due to you may be delayed or even prevented by controls or other actions imposed by any Government Agency over Virtual Assets and/or its ecosystem that such a Government Agency control or regulate.
13.9.5 Virtual Assets may, either because of their inherent design or through network events, not be a fixed supply. If and when additional Virtual Assets are created, the particular Virtual Asset’s price may decline due to inflationary effects of adding additional Virtual Assets to the total available amount of assets in the market.
13.9.6 At any point in time, one or more persons may directly or indirectly control significant portions of the total supply of any particular Virtual Asset. These persons are often referred to colloquially as “whales”. Whether acting individually or collectively, these whales may have significant impact, and may be able to influence or cause significant market events that may have a detrimental effect on price, value or functionality of Virtual Assets. Furthermore, these whales or other network participants and users may make decisions that are not in your best interest.
13.10 Regulatory Risk.
13.10.1 Virtual Assets activities conducted in certain jurisdictions may be unregulated or subject to limited regulation.
13.10.2 Any regulatory changes or actions by a Government Agency or any authorities that are not connected to us may adversely affect the use, transfer, exchange and value of a Virtual Asset.
13.10.3 Your domestic government may make it illegal for you to trade Virtual Assets.
13.10.4 Regulatory changes may adversely affect the development of the Services and the use of Virtual Assets.
13.11 Other Potential Risks.
13.11.1 Website and internet pages, investor relations releases, oral or written outlooks, presentations, audio and video recordings of events, and other publications from websites may contain optimistic, forward-looking statements that reflect our current views with respect to prospective projects and events. Certain words, including but not limited to, “anticipate,” “assume”, “believe”, “estimate”, “expect”, “intend”, “may”, “plan”, “project”, and “should”, as well as other expressions that often identify forward looking statements. These statements are subject to risks, uncertainties, and changes due to many factors, including but not limited to: changes in Virtual Asset prices; the introduction of new and/or competing technology and ideas; increased market incentives; and a decline in demand for current Services or other products.
13.11.2 There may be changes affecting or decisions taken by third parties that support or perform transactions with respect to your Virtual Assets, and such changes are outside of our control but may materially and adversely affect your interests.
15.DISCLAIMERS
14.1 If you elect to transfer any Supported Virtual Assets to other Users, any Virtual Asset Transactions that you engage in will be conducted solely through the blockchain network governing such Virtual Asset and you may be required to pay Fees, including processing fees, exclusively through your Wallet. We will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you enter into in relation to the App.
14.2 We may display prices of Virtual Assets in the App to facilitate your use of the Wallet and the Services. We pull prices from data supplied by third parties on an automated basis, and do not guarantee the accuracy or completeness of prices or related information that we display. Due to technical or other errors, prices reflected in the App at any one point may not be updated or current. Prices displayed on the App are for your information only.
14.3 As part of the Services and as a convenience to our Users, we may provide access to or support certain third-party software, products or services, including those associated with Hardware Wallets. We have no express or implied obligation to provide any technical or other support for such software or services. Please contact the appropriate software or service provider directly for technical support and customer service related to its software and/or service.
14.4 Your use of the Services is at your own risk. You understand and agree that the Services provided, including any Content listed therein, are provided on an “as is” and “as available” basis without warranties or conditions of any kind on the part of the Company or any of its Affiliates, either express or implied. The Company and its Affiliates make no representation or warranty:
(a) that the Services will meet your requirements;
(b) that the Services will be available on an uninterrupted, timely, secure, or error-free basis;
(c) that the Services or the Company’s Content are lawful, accurate, complete, reliable, safe, error-free, free of other viruses or other harmful components;
(d) as to the value or value of use of Virtual Assets; or
(e) of title, origin, non-infringement, functionality, merchantability, usage, security, suitability or fitness for any particular purpose, workmanship or technical quality of any Virtual Asset or the Company’s Content.
14.5 The Company disclaims all other warranties or conditions, express or implied, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose or non-infringement, to the maximum extent permitted by Applicable Law, as to the Services and the Company’s Content.
14.6 We will not be responsible or liable to you for any direct or indirect loss in relation to your use of the Services, Virtual Assets, or your disclosure of Content online, including but not limited to any losses, damages or claims arising from:
(a) User error such as forgotten passwords and private keys, loss of access to Hardware Wallets, malfunctioning User equipment, incorrectly constructed transactions, or mistyped addresses;
(b) the completion or inability to complete Virtual Asset Transactions on the Services;
(c) any action or omission by a third party with access to your account, including but not limited to compromised or hacked accounts;
(d) server failure or data loss;
(e) corrupted Wallet files;
(f) any unauthorised third-party activities or breaches of security, including but not limited to the use of viruses, phishing, bruteforcing or other means of attack against the Services, regardless of whether the foregoing was due to any action or omission by a third party with access to your account, or whether it occurred with or without your knowledge; or
(g) any dispute, claim or controversy between you and another User;
(h) issues with the blockchain supporting Virtual Assets, including Forks, technical node issues, repudiated transactions, migrations or updates.
(i) any losses arising from your violation of any Applicable Laws.
14.7 Nothing in these Terms shall exclude or limit liability of either party for fraud, violation of laws, or any other activity that cannot be limited or excluded by legitimate means.
16.LIMITATION OF LIABILITY
15.1 To the maximum extent permitted by law, neither the Company or its Affiliates, nor its service providers involved in creating, producing, or delivering the Services will be liable for any incidental, special, punitive, exemplary or consequential damages, or damages for lost profits, lost revenues, lost savings, lost business opportunity, loss of data or goodwill, service interruption, computer damage, hardware or system failure, or the cost of substitute services of any kind arising out of or in connection with these Terms or from the use of or inability to use the Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not the Company, its Affiliates, or its service providers has been informed of, or could foresee, the possibility of such damage.
15.2 To the maximum extent permitted by law, neither the Company or its Affiliates, nor its service providers will be liable for any damages to your mobile device, equipment, or data from the use of the Services.
15.3 To the maximum extent permitted by law, in no event will the Company’s total liability, arising out of or in connection with these Terms or from your use of or inability to use the Services, exceed one hundred (100) US dollars.
15.4 The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between the Company and you.
17.INDEMNITY
16.1 To the fullest extent permitted by the Applicable Law, you agree to indemnify, defend and hold harmless the Company, and our respective past, present and future Affiliates, employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, licensors, parent companies, subsidiaries, agents, representatives, predecessors, successors and assigns, from and against all actual or alleged third-party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to:
(a) your use or misuse of the Services;
(b) your violation of these Terms;
(c) your use or disposal of any Virtual Assets;
(d) your negligence or wilful misconduct; or
(e) your violation of the rights of a third party or of Applicable Law.
16.2 You agree to promptly notify us of any Claims and cooperate with us in defending such Claims. You further agree that the Company shall have control of the defence or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in any written agreement between you and the Company.
18.GENERAL TERMS
17.1 Governing law. These Terms will be governed and construed in accordance with the law in force in Singapore.
17.2 Dispute resolution.
17.2.1 Unless otherwise specified, any dispute, controversy, difference or claim arising out of or relating to these Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to these Terms (collectively, “Disputes”), will be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) in force when the Notice of Arbitration is submitted. The law of this section is Singapore law. The seat of arbitration shall be Singapore. Unless you and we agree otherwise, the number of arbitrators will be one (1) and that arbitrator must have relevant legal and technological expertise. If you and we do not agree on the arbitrator to be appointed within fifteen (15) Singapore business days of the dispute proceeding to arbitration, the arbitrator is to be appointed by the SIAC. The language of arbitration shall be English. Any arbitration hearings will take place in Singapore, unless we both agree to a different location, but will be conducted remotely to the extent permitted by the SIAC Rules. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement. This arbitration provision shall survive termination of these Terms.
17.2.2 Payment of all filing, administration and arbitrator fees will be governed by the SIAC Rules, and we will not seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If you prevail in arbitration you may be entitled to an award of attorneys’ fees and expenses to the extent provided under the Applicable Law.
17.2.3 Section above shall be subject to the following limited exceptions:
(a) subject to the express written consent of you and the Company, a Dispute may be resolved in a small claims court if it qualifies, provided the claims remain only in such court; and
(b) the Company retains the right to seek injunctive or other equivalent type of urgent legal relief in any jurisdiction, including to prevent (or enjoin) the infringement or misappropriation of our Intellectual Property Right.
17.2.4 You and the Company agree to resolve disputes in good faith prior to either party initiating an arbitration, small claims court proceeding or injunctive or equivalent urgent legal relief.
17.2.5 You and the Company each waive the right to a trial by jury or to participate in a representative or consolidated action or proceeding. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of representative proceeding without the written permission of all parties involved.
17.3 Suspension and termination.
17.3.1 We may suspend or terminate your access to the Services at any time in accordance with these Terms.
17.3.2 All obligations of the Company to any User as well as all rights of any User under these Terms shall immediately terminate and be of no future effect in the event that the Services and/or the Company ceases to operate or is shut down.
17.3.3 Upon any termination of these Terms, all sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding such termination. Termination will not limit any of our other rights or remedies at law or in equity.
17.4 Entire agreement. These Terms constitute the entire and exclusive understanding and agreement between the Company and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between the Company and you regarding the Services.
17.5 Assignability. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. The Company may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
17.6 No waiver. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The Company’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of the Company. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
17.7 Severability. If an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, then the invalid or unenforceable part will be severed from the Terms while the remaining parts of these Terms will remain in full force and effect.
17.8 Notices and communications.
17.8.1 To you. We may provide any notice to you under these Terms using commercially reasonable means, including: (i) posting a notice on the Site; (ii) sending electronic communications to you (including email, App messages, or other types of messages) to your account or the email address associated with your account; or (iii) using public communication channels. Notices we provide by posting on the Site or using public communication channels will be effective upon posting, and notices we provide by email will be effective when we send the email. It is your responsibility to keep your email address current to the extent you have an account. You will be deemed to have received any email sent to the email address then associated with your account when we send the email, whether or not you actually receive the email.
17.8.2 To us. You must contact us by email at legal@dauvault.xyz to give us notice under these Terms.
17.9 Force majeure. The Company shall not be liable for any action, omission, duty or obligation due to any occurrence that is beyond our control, including:
(a) adoption of or any change in Applicable Law, or the promulgation of or any change in the interpretation in Applicable Law by any relevant Government Agency, or the public statement or action by any Government Agency or its official or representative thereof acting in an official capacity;
(b) any act of God or war;
(c) terrorism;
(d) civil disorder;
(e) embargoes;
(f) natural disasters;
(g) labour disputes;
(h) any epidemic or pandemic;
(i) hacking or other attack on the Services;
(j) the unavailability, disruption or malfunction of any network or blockchains;
(k) the unavailability, disruption or malfunction of the Internet; or
(l) any unavailability, disruption or malfunction of any system, hardware equipment, software, network or infrastructure necessary for the Services to function.
17.10 Rights of third parties. Unless expressly provided to the contrary in these Terms, a person who is not a party to these Terms has no rights under the Contracts (Rights of Third Parties) Act 1999 of Singapore (as may be amended, supplemented or replaced from time to time) to enforce or enjoy the benefit of any provision in these Terms.
17.11 Contact information. If you have any questions about these Terms or the Services, please contact us at legal@dauvault.xyz.
