This EasyCoins Easy Pocket Agreement (this “Agreement”) shall apply to all Easy Pocket Accounts (defined below) opened and maintained with EasyCoins as well as all Easy Pocket trading services provided by EasyCoins to you. If any Easy Pocket Account is opened or maintained subject to some other terms, then this Agreement is in addition to those other terms.
1.1 China: means the People’s Republic of China and includes
(1) the Hong Kong Special Administrative Region;
(2) the Macao Special Administrative Region;
(3) the Taiwan province.
1.2 Easy Pocket: means the multi-coin blockchain wallet developed by us based on distributed ledger technology and other supporting tools which are developed for your convenience when using blockchain systems.
1.3 Excluded Person:
1.3.1 a person other than a natural person who possesses legal and mental capacity to enter into these Terms of Service; or
1.3.2 a person who is prohibited, restricted, unauthorised or ineligible in any form or manner whether in full or in part under these Terms of Service, laws, regulatory requirements, or rules in the jurisdiction applicable to such a user, to use the Services (as defined below).
1.3.3 For the avoidance of doubt, users resident and/or domiciled in China are Excluded Persons.
WE DO NOT PROVIDE SERVICES TO EXCLUDED PERSONS. IF YOU ARE AN EXODUCTED PERSON, PLEASE IMMEDIATELY STOP USING OUR SERVICES. IF YOU CONTINUE TO USE OUR SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL ASSUME ALL CORRESPONDING LIABILITIES UNDER THE APPLICABLE LAWS, RULES AND REGULATIONS OF THE JURISDICTION THAT YOU ARE RESIDENT AND/OR DOMICILED IN AND YOU SHALL INDEMNIFY US FROM UNDERTAKING ANY LIABILITIES ARISING FROM YOUR SUCH USE BEHAVIOR, INCLUDING BUT NOT LIMITED TO THE LOSSES, THE THIRD-PARTY CLAIMS OR ADMINISTRATIVE PENALTIES AGAINST US INCURRED BY SUCH CONTRAVENTION, VIOLATION OR BREACH, AS WELL AS REASONABLE LEGAL AND ADMINISTRATIVE COSTS, FEES AND EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES.
1.4 Identity: means the blockchain identity generated from a pair of your Public Key and Private Key.
1.5 Beginner’s Guide: means the operation guide provided by us before you start to use Easy Pocket (and during your future use of Easy Pocket). This Beginner’s Guide would help you understand the basic knowledge about blockchain.
1.6 Create or import wallet: means your use of Easy Pocket to create or import wallet after your acceptance of these Terms of Service.
1.7 Wallet Password: means the password determined by you when you create the wallet. The Wallet Password will be used to encrypt and protect your Private Key. Easy Pocket, as a decentralised application, will not store your Wallet Password on our servers, nor will your Wallet Password be stored in your own mobile devices. If you lose or forget your Wallet Password, you will have to reset the Wallet Password with your Private Key or Mnemonic Words.
1.8 Alert: means the messages displayed on Easy Pocket’s operation interface which provides suggestions for you on subsequent operations.
1.9 Specific Users: means users who should cooperate with us and disclose Personal Information in order to comply with the laws, regulations and policies of Singapore and other countries.
1.10 Developer Users: means users who use services provided to Developers, such as Easy Pocket Open Source Code and Developer mode etc., in accordance with our notices and relevant Open Source License.
1.11 Private Key: consists of 256 random bits. Private Key is the core for you to hold and use the Tokens.
1.12 Public Key: is derived from the Private Key based on cryptography and is used to generate wallet addresses. A wallet address is a public address for receipt of Tokens.
1.13 Mnemonic Words: consists of 12 (or 15/18/21/24) words which are randomly generated, and it is based on BIP39, the industry standard of blockchain. It is a human readable format of words to back up your Private Key for recovery.
1.14 Keystore: means Private Key or Mnemonic Words in the format of a file which is encrypted and protected by your Wallet Password. Keystore is stored only in your mobile device and will not be synchronised to our servers.
1.15 Tokens: means the tokens which are supported by Easy Pocket currently, including but not limited to BTC, ETH and so on.
1.16 Materials: means contents in the columns of “Browse”, “Market” etc. on Easy Pocket. The Materials are third parties’ proprietary properties. You shall not reproduce or distribute the materials without their permission and authorisation. Foregoing Materials are solely for your reference and shall not be considered as guidance or advice on your transactions provided by us.
1.17 Notification Centre: means the inbox where you may receive messages or notices from us.
1.18 Personal Information: means information recorded in electronic or any other form which may identify a natural person when used alone or in combination with other information, including but not limited to personal biological identification information, e-mail address, wallet address, mobile device information, operation record, transaction record, but excluding Wallet Password, Private Key, Mnemonic Words and Keystore.
1.19 Smart Contract: means the type of Smart Contract operating on Ethereum blockchain and spreading, verifying and executing contracts via information methods, including but not limited to the Tokenlon Smart Contract.
1.20 WETH: means the tokenisation of ETH. Because ETH does not satisfy its ERC20 standard, ETH is packaged via the means of tokenisation to be used for direct transactions with other Tokens. The exchange rate between Tokens supported by Easy Pocket and WETH is decided by the third-party-developed Smart Contracts.
1.21 ETH: means Ether, the cryptographic token associated with the Ethereum blockchain, which for the avoidance of doubt does not include “Ethereum Classic”.
1.22 Easy Pocket Open Source Code (“Easy Pocket OSC”): means the partial software code of Easy Pocket that we have publicised and made open-source. Developer users may use (include further development) such open source software code in accordance with relevant Open Source License and our notices.
1.23 Open Source License: means the third-party-developed open source license that shall be abided by Developer Users when using Easy Pocket OSC.
1.24 Third-Party Service: means the products and services provided by the third parties such as third-party-developed DApp, third-party-developed Smart Contract, third-party-developed Open Source License, third-party-developed crypto currency hardware wallet, third-party-developed webpage, and third-party-developed exchange etc.
2.Easy Pocket Services (collectively, the “Services”)
2.1 Create or Recover Identity. You may use the “Create Identity”, “Recover Identity” button on Easy Pocket to create or recover your Identity and manage multi-blockchain wallets under one Identity.
2.2 Import wallet. You may use Easy Pocket to create a new wallet or import wallets generated by other wallet application. You may only import wallets with Tokens which are supported by Easy Pocket.
2.3 Transfer and receive Tokens. You may manage your digital Tokens by using the transfer and receipt functionalities of Easy Pocket, i.e., you may revise the blockchain ledger by signing with your Private Key. Transfer of Tokens means the payer’s transfer of the Token to the ENS domain or blockchain address of the payee. Such “transfer” of Tokens involves a validated record of such transaction on the distributed ledger of the relevant the blockchain system (rather than an actual delivery or transfer of Tokens on Easy Pocket).
2.4 Observe the quotation. You may use Easy Pocket to observe the quotation of the Tokens provided by third parties. The quotation of each Token is captured by Easy Pocket from corresponding exchange and is displayed in the “Market” column on Easy Pocket.
2.5 Manage Tokens. You may use Easy Pocket to add, manage or delete the Tokens [from the Easy Pocket interface] (except ETH and BTC) supported by Easy Pocket.
2.6 Decentralised Exchange (DEX). You may exchange digital Tokens with third parties on the third-party-developed Smart Contract Tokenlon. Easy Pocket acts as an interface tool for you to interact with the third-party-developed Smart Contracts and displays relevant results of such exchange of digital Tokens.
2.7 Browse DApps. You may use Easy Pocket to visit and use the services provided by DApps (including DApps developed by us and DApps developed by third parties).
2.8 Search DApps. You may use search box on Easy Pocket to search DApps already displayed on Easy Pocket.
2.9 Integrate crypto currency hardware wallet. You may match Easy Pocket of appropriate version with certain crypto currency hardware wallet and use the crypto currency hardware wallet to confirm the transactions operated through Easy Pocket.
2.10 Payment without Password. You may use the function of Payment without Password of Easy Pocket. The Payment without Password function stores your Wallet Password in your mobile devices’ Keychain/Keystore via secure encryption algorithm. Your biological identification (Touch ID or Face ID) and authentication are called when conducting transactions, in order to quickly complete payment and signature.
2.11 Developer mode. For the convenience of Developer Users, they may access any websites and any third-party-developed DApps not integrated on Easy Pocket by entering URL in search box under the Developer mode.
2.12 Transaction records. We will copy all or part of your transaction records from the blockchain system. However, you shall refer to the blockchain system for the latest transaction records.
2.13 Suspension of service. You understand that we are not able to reverse or cancel the transaction because transactions based on blockchain technologies are irrevocable. However, under certain circumstances, we may suspend or limit the function of Easy Pocket used by a particular user.
2.14 Other services that we would like to provide.
Users who use Easy Pocket acknowledges and accepts that:
2.15 In order to keep the decentralisation feature of blockchain and to protect the security of your digital Tokens, we offer decentralised service which is largely different from the banking and financial institutions. You acknowledge and accept that we SHALL NOT have any responsibility to :
2.15.1 store your Wallet Password (the password you set when creating or importing wallets), Private Key, Mnemonic Words or Keystore;
2.15.2 recover your Wallet Password, Private Key, Mnemonic Words or Keystore;
2.15.3 freeze the wallet;
2.15.4 report the loss of wallet;
2.15.5 recover the wallet; or
2.15.6 rollback transactions.
2.16 You shall bear sole responsibility to take care of your mobile devices, back up the Easy Pocket App, and back up the Wallet Password, Mnemonic Words, Private Key and Keystore. In the event that: your mobile device is lost, your Easy Pocket App or your wallet is deleted and not backed up, your wallet is stolen or you forget your Wallet Password, Private Key, Mnemonic Words or Keystore, we will not be able to recover the wallet or recover Wallet Password, Private Key, Mnemonic Words or Keystore. We may not be able to cancel transactions for your mishandling (such as typing in wrong addresses for transactions, wrong amounts to be exchanged) and we shall not be responsible in any way in respect of the same.
2.17 When you use the function of Payment without Password of Easy Pocket, please properly back up the Wallet Password. After multiple failed attempts to verify your Touch ID or Face ID, you will need to input your Wallet Password. If you forget Wallet Password, you need to import Mnemonic Words/Private Key and set a new Wallet Password. We do not store your biological information such as your Touch ID or Face ID information, and we shall not be responsible in any way in respect of the same.
2.18 Easy Pocket does not support all existing tokens. Do not use Easy Pocket to handle any non-supported tokens.
2.19 The DApps integrated into Easy Pocket include those developed independently by us and those developed by third parties. Easy Pocket only provides blockchain search and browser functions for those third-party-developed DApps, and thus Easy Pocket does not offer any guarantee for functions or service qualities of those third-party-developed DApps. You shall, at your sole discretion, decide whether there would be any risks to accept the services provided by or to conduct transactions on the third-party-developed DApps.
2.22 If you access any websites and any third-party-developed DApps not integrated on Easy Pocket by entering URL under the developer mode, you acknowledge and agree that you understand the security risks of the websites and the third-party-developed DApps linked by such URL, and assume all risks and consequences independently.
3.YOUR RIGHTS AND OBLIGATIONS
3.1 Create or Import Wallet
3.1.1 Create or import wallet. you are entitled to use Easy Pocket on your mobile device to create and/or import wallet, set Wallet Password and use your wallet on Easy Pocket to transfer and receive Tokens on blockchain.
3.1.2 Identification verification. Specific Users will be asked to complete identification verification before using Easy Pocket to comply with related laws and regulations, according to the notification of Easy Pocket. Specific Users may be asked to provide Personal Information including but not limited to name, identification card number, cell phone number, bank card information, etc., without which the Specific Users will not be able to use certain services and the Specific Users alone shall be responsible for the loss caused by their delay in completing the verification.
3.1.3 We may develop different versions of Easy Pocket for different terminal devices. You shall download and install applicable version. If you download and install Easy Pocket or other application with the same name as “Easy Pocket” from any unauthorised third party, we cannot guarantee the normal operation or security of such application. Any loss caused by using such application shall be borne solely by you.
3.1.4 A previous version of Easy Pocket may stop to operate after a new version is released. We cannot guarantee the security, continuous operation or customer services for the previous version. You shall download and use the latest version.
3.2 Use of Easy Pocket
3.2.1 You shall bear sole responsibility to take care of your mobile devices, Wallet Password, Private Key, Mnemonic Words and Keystore. We do not store or hold the above information for you. You shall be solely responsible for any risks, liabilities, losses and expenses which result from frauds, you losing your mobile device or crypto currency hardware wallet, disclosing (whether actively or passively) or forgetting Wallet Password, Private Key, Mnemonic Words or Keystore, or your wallet being attacked.
3.2.2 Easy Pocket Alerts. You understand and agree to comply with the Alert(s) published by us on Easy Pocket. You shall be responsible for any risks, liabilities, losses and expenses which result from your failure to comply with any Alert(s).
3.2.3 You understand that Easy Pocket undertakes no responsibility to conduct due diligence on the Third-Party Service. You shall assess carefully and assume all risks in connection with the use of Easy Pocket.
3.2.4 Provision of information and documents. To the extent that we determine, in our sole discretion, that it is necessary to obtain certain information about User in order to comply with any applicable law or regulation in connection with the use or operation of Easy Pocket, you shall provide us with such information promptly upon such request, and acknowledges and accepts that we may restrict, suspend or terminate your use of Easy Pocket until such requested information has been provided to our satisfaction. You undertake to notify us of any change in the documents and information provided by you to us pursuant to these Terms of Service and in the absence of any notification in writing notifying of any change, we are entitled to assume that the documents and information provided by you remain true, correct, not misleading and unchanged.
3.2.5 Complete identification verification. If we reasonably deems your operation or transactions to be abnormal, or considers your identification to be doubtful, or we consider it necessary to verify your identification documents or other necessary documents, you shall cooperate with us and provide your valid identification documents or other necessary documents and complete the identification verification in time.
3.2.6Transfer of Tokens
220.127.116.11 You understand that you may be subject to daily limits on the amount and times of transfers according to your location, regulatory requirements, transferring purposes, risk control by Easy Pocket, or identification verification.
18.104.22.168 You understand that blockchain operations are “irrevocable”. When you use Easy Pocket to transfer Tokens, you shall be solely responsible for the consequences of your mishandling of the transfer (including but not limited to wrong address, problems of the node servers selected by you).
22.214.171.124 You understand that the following reasons may result in a “transfer failed” or “mining overtime” prompt:
insufficient balance in wallet;
insufficient gas for transaction;
blockchain’s failure to execute the code of smart contracts;
the transfer amount exceeding the transfer limits imposed by authorities, Easy Pocket or laws or regulations;
technical failure of the network or equipment;
abandoned transactions result from blockchain network congestion or failure;
the wallet address of yours or your counterparty’s is identified as special addresses, such as high-risk address.
126.96.36.199 You understand that Easy Pocket is only a tool for transfer of Tokens. We shall be deemed to have fulfilled its obligations once you have completed the transfer and shall not be held liable for any dispute in relation thereto.
3.2.7 DEX. You understand that the limits of amounts that you may exchange via DEX per day are subject to limitations of the third-party-developed Smart Contracts. We may also set limitations and adjust from time to time the limit of amounts that you can exchange via DEX per day.
3.2.8 Compliance. You understand that you shall abide by applicable laws, regulations and policies when you use Easy Pocket or the DApps or the Smart Contracts on Easy Pocket.
3.2.9 Notifications. Easy Pocket may send notifications to you by web announcements, Notification Centre information, popup tips or client-end notices (e.g., information about your transfer or suggestions on certain operations) which you shall be aware of timely.
3.2.10 Service fees and taxes.
188.8.131.52 When you use DEX services, third-party-developed Smart Contracts may charge handling fees and/or service fees from you, which shall be subject to the fees collected by those Smart Contracts, and the relevant information displayed on Easy Pocket is merely for your reference;
184.108.40.206 We do not charge you any service fees or handling fees for the time being. We may reach an agreement with you or announce rules regarding service fees in the future;
220.127.116.11 You need to pay “gas” or network fees when you transfer Tokens, the amount of which would be on your sole discretion and would be collected by the relevant blockchain network;
18.104.22.168 You understand that your transfer of Tokens may fail under certain circumstances, including but not limited to insufficient “gas” or network fees paid by you for the transfer of Tokens during the time of your transfer, or the relevant blockchain network being unstable, and in such event, you may still be charged gas by the relevant blockchain network, notwithstanding the failed transfer attempted;
22.214.171.124 You shall bear all the applicable taxes and other expenses occurred due to your transactions on Easy Pocket.
3.3Developer Users’ Development Based on Easy Pocket OSC
3.3.1 Developer Users are entitled to use officially publicised Easy Pocket OSC, conduct further development of programs, and download and use any patches or vulnerabilities solutions regarding Easy Pocket OSC.
3.3.2 When using Easy Pocket OSC, Developer Users acknowledge and agree that:
126.96.36.199 if Developer Users find any vulnerabilities, defects or software improvement solutions when using Easy Pocket OSC, Developer Users shall promptly contact and inform us and discontinue any harmful use behavior (if applicable);
188.8.131.52 Easy Pocket OSC may contain third-party-developed Open Source License and source code and we do not provide any guarantee for functions, non-existence of virus or vulnerabilities etc of such third-party-developed Open Source License and source code. Developer Users shall, at their sole discretion, decide the consequences of using Easy Pocket OSC. Developer Users shall carefully read and then agree with relevant Open Source License (including without limitation, Apache’s Open Source License: http://www.apache.org/licenses/LICENSE-2.0.html) and our notices updated from time to time.
4.1 You understand and acknowledge that the blockchain technology is a field of innovation where the laws and regulations are not fully established. You may be faced with material risks including instability of technology or failure for fiat-token exchange. You also understand that Tokens have much higher volatility comparing to other financial assets. You shall hold or dispose of the Tokens in a reasonable way and corresponding to your financial status and risk preferences. You also acknowledge that the market information is captured from exchanges by Easy Pocket and may not represent the latest or the best quotation of each Token.
4.2 If you or your counterparty fails to comply with these Terms of Service or fails to follow the instructions, tips or rules on the website or on the page of the transaction or payment, we do not guarantee successful transfer of the Tokens and we shall not be held liable for any of the consequences of such failure. If you or your counterparty has already received the payment in Easy Pocket wallet or third-party-developed wallet, you understand that transactions on blockchain are irreversible and irrevocable. You and your counterparty shall assume the liabilities and consequences of your transactions.
4.3You understand and acknowledge that DEX transactions are commenced, conducted and concluded on third-party-developed Smart Contracts. Easy Pocket is only an interface tool for you to interact with the third-party-developed Smart Contracts and displays relevant results of such completed transactions.
4.5 When you transfer your tokens directly to another wallet address, it is your sole responsibility to make sure that your counterparty is a person with full capacity for civil acts and decide whether you shall transact with him/her.
4.6 You shall check the official blockchain system or other blockchain tools when you receive an Alert such as “transaction failed” or “mining overtime” in order to avoid repetitive transfer. If you fail to follow this instruction, you shall bear the losses and expenses occurred due to such repetitive transfer.
4.7 You understand that after you create or import wallet on Easy Pocket, your Keystore, Private Key and Mnemonic Words are only stored on your mobile device and will not be stored in Easy Pocket or on our servers. You may change another mobile device to use Easy Pocket after you follow the instructions on Easy Pocket to back up your wallet. If you lose your mobile device before you could write down or backup your Wallet Password, Private Key, Mnemonic Words or Keystore, you may lose your Tokens and we will not be able to recover them. If your Wallet Password, Private Key, Mnemonic Words or Keystore is disclosed or the device which stores or holds your Wallet Password, Private Key, Mnemonic Words or Keystore is hacked or attacked, you may lose your Tokens and we will not be able to recover them. Any and all losses arising in connection with the foregoing shall be borne solely by you.
4.8 We suggest you backup your Wallet Password, Private Key, Mnemonic Words and Keystore when you create or import wallet by writing them down on papers or backup them in password management apps. Please do not use electronic methods such as screenshots, e-mails, note-taking apps in cell phones, text messages, WeChat or QQ to backup any of the foregoing information.
4.9When you choose and purchase crypto currency hardware wallet, we suggest that you should:
4.9.1 confirm whether your purchased crypto currency hardware wallet matches the Easy Pocket version; and
4.9.2 choose and purchase a brand-new crypto currency hardware wallet from official channels.
4.10 When using the function of Payment without Password of Easy Pocket, we remind you to use such function carefully and before using the same, we suggest that you should:
4.10.1 understand carefully the security level of biological identification function of your mobile device;
4.10.2 not turn on such function in a public phone;
4.10.3 not turn on such function in case of relatively large amount of crypto currency.
4.11 In order to avoid potential security risks, we suggest you use Easy Pocket in a secured network environment. Please do not use a jailbreak or rooted mobile device.
4.12 Please be alert to frauds when you use Easy Pocket. If you find any suspicious activity, we encourage you to inform us immediately.
5.CHANGE, SUSPENSION, TERMINATION OF OUR SERVICES
5.1 You acknowledge and accept that we may, at our sole discretion, provide only a part of the Services for the time being, suspend certain Services or provide new Services in the future. When we change our Services, your continuous use of Easy Pocket is deemed as your acceptance of these Terms of Service and revisions of these Terms of Service.
5.2 In order to avoid (to the extent possible) any mishandling of Easy Pocket or any risk to the security of your Tokens, you shall not use Easy Pocket if you do not possess the basic knowledge of blockchain. If you do not possess basic knowledge of blockchain, we may refuse to provide all or part of the Services on Easy Pocket to you.
5.3 You understand that we may suspend the Services under the following circumstances (or may completely terminate the Services in connection with any of the following circumstances):
5.3.1 maintenance, upgrading, failure of equipment and blockchain system and the interruption of communications etc., which lead to the suspension of the operation of Easy Pocket;
5.3.2 force majeure events including but not limited to typhoon, earthquake, tsunami, flood, power outage, war, or terrorist attacks, or computer viruses, trojan horse, hacker attacks, system instability or government behaviors and other reasons, which result in our inability to provide Services or if in our reasonable opinion, continuous provision of Services would result in significant risks;
5.3.3 material adverse change of applicable laws or policies; or
5.3.4 any other event(s) which we cannot control or reasonably predict.
5.4 We reserve the right to unilaterally suspend or terminate all or part of the Services or any function of Easy Pocket under the following circumstances:
5.4.1 death of users;
5.4.2 if you steal others’ wallets information or mobile devices;
5.4.3 if you provide false Personal Information on Easy Pocket;
5.4.4 if you refuse to allow mandatory update of Easy Pocket;
5.4.5 if you use Easy Pocket OSC in breach of third-party-developed Open Source License or our notices;
5.4.6 if you use Easy Pocket to commit illegal or criminal activities;
5.4.7 if you hinder the normal use of Easy Pocket of other users;
5.4.8 if you pretend to be our staff or management personnel;
5.4.9 if you threaten our normal operations or computer system by attack, invasion, alternation or any other means;
5.4.10 if you use Easy Pocket to send spam; or
5.4.11 if you spread rumours which endanger our goodwill and Easy Pocket;
5.4.12 if you conduct any illegal activities, breach these Terms of Service etc. or other circumstances under which we reasonably considers necessary to suspend Services.
5.5 You are entitled to export your wallets within a reasonable amount of time if we change, suspend or terminate our services.
6.YOUR REPRESENTATIONS AND WARRANTIES
6.1 You shall comply with all applicable laws and regulations of the country or area you reside and/or are domiciled in. You shall not use Easy Pocket for any unlawful purposes or by any unlawful means.
6.2 You are not an Excluded Person.
6.3 You shall not use Easy Pocket to commit any illegal or unlawful activities, including but not limited to:
6.3.1 activities endangering national security of the country or area you reside in, disclosing state secrets, overturning the government or undermining national unity;
6.3.2 any illegal conducts, such as money laundering, illegal fund raising etc.;
6.3.3 accessing our services, collecting or processing the content provided by us, intervening or attempting to intervene any user, by the employment of any automated programs, software, network engines, web crawlers, web analytics tools, data mining tools or similar tools etc.;
6.3.4 providing gambling information or inducing others to engage in gambling;
6.3.5 invading into others’ Easy Pocket wallets to steal Tokens;
6.3.6 engaging in any inaccurate or false transactions with the counterparty;
6.3.7 committing any activities which harms or attempts to harm Easy Pocket service system and data;
6.3.8 other activities which we have reason to believe are inappropriate.
6.4 You understand and accept that you shall be responsible for any violation of law (including but not limited to the customs and/or tax regulations) or for breach of these Terms of Service by you and shall indemnify us against the losses, the third-party claims or administrative penalties against us incurred by such contravention, violation or breach, as well as reasonable legal and administrative costs, fees and expenses including reasonable attorney’s fees.
6.5 You confirm that you will pay the service fees charged by us in time (if applicable). We reserve the right to suspend the services when you fail to pay service fees (if applicable).
7.DISCLAIMER AND LIMITATION OF LIABILITY
7.1 We only undertake obligations expressly set forth in these Terms of Service.
7.2 YOU ACKNOWLEDGE AND ACCEPT THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Easy Pocket IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. We shall not be held liable for malfunction of Easy Pocket which results from any of the following reasons:
7.2.1 system maintenance or upgrading of Easy Pocket;
7.2.2 force majeure, such as typhoon, earthquake, flood, lightning or terrorist attack etc.;
7.2.3 malfunction of your mobile device hardware and software, and failure of telecommunication lines and power supply lines;
7.2.4 your improper, unauthorised or unrecognised use of the Services;
7.2.5 computer viruses, trojan horse, malicious program attacks, network congestion, system instability, system or equipment failure, telecommunication failure, power failure, banking issues, government acts etc.;
7.2.6 any other reasons not imputed to us.
7.3 We shall not be held liable due to any of the following circumstances:
7.3.1 you losing your mobile devices, deleting Easy Pocket applications and wallets without back-up, forgetting Wallet Passwords, Private Keys, Mnemonic Words, Keystores without back-up, which result in the loss of such User’s Tokens;
7.3.2 you disclosing your Wallet Passwords, Private Keys, Mnemonic Words, Keystores, or lending or transfering your Easy Pocket wallets to others, or authorising others to use your mobile devices or Easy Pocket wallets, or downloading Easy Pocket applications through unofficial channels, or using Easy Pocket applications by other insecure means, which result in the loss of your Tokens;
7.3.3 you mishandling Easy Pocket (including but not limited to wrong address, failure of the node servers selected by you) , which result in the loss of Tokens;
7.3.4 you being unfamiliar with the lack of knowledge in relation to blockchain technology and your mishandling of Easy Pocket resulting in loss of your Tokens;
7.3.5 Easy Pocket being unable to copy accurate transaction records due to system delay or blockchain instability etc.
7.4 You undertake the risks and consequences arising or in connection with the following:
7.4.1 your transactions when using Third-Party Service;
7.4.2 your use of developer mode; and
7.4.3 your use of DEX services, which shall be assumed by you, your counterparty and issuers of relevant Smart Contracts.
7.5You understand that Easy Pocket is only a management tool for Tokens which is incapable to control the quality, security and legitimacy of the Third-Party Service, or the authenticity and accuracy of their information and their capabilities to fulfill the obligations under the agreements with you. You, at your sole discretion, decide whether to use the Third-Party Service. You understand that such transactions and corresponding contractual relationship are between you and your counterparty, instead of us. We kindly remind you to carefully review the authenticity, legitimacy, and effectiveness of related information provided by Third-Party Service before you decide to use them. In addition, you shall also assume all the risks arising from the transactions between you and any third-party-developed exchanges.
7.6 You acknowledge that Easy Pocket may provide services to you and your counterparty simultaneously or may have affiliation or other interest relationship with foregoing parties, and you agree to waive any actual or potential conflicts of interests and will not claim against us on such base or burden us with more responsibilities or duty of care.
7.7We do not warrant that:
7.7.1 services provided by us would satisfy all your needs;
7.7.2 all techniques, products, services, information or other materials from us would meet your expectations;
7.7.3 all the transaction information in digital Tokens markets captured from the third party exchanges are prompt, accurate, complete, and reliable;
7.7.4 your counterparties on Easy Pocket will perform their obligations in the transaction agreements with you timely.
7.8 In any case, our total liability under these Terms of Service shall not exceed the greater of:
7.8.1 0.1 ETH or 100 Singapore dollars.
7.9 You are aware that Easy Pocket is only a tool for you to manage your Tokens and to display transaction information. We do not provide legal, tax or investment advice. You should seek independent advice from professional legal, tax, and investment advisors. In addition, we shall not be liable for any investment loss, data loss etc. during your use of our service.
7.10 You understand that we may change our entry standards, limit the range and ways to provide services for specific users etc. at any time in accordance with applicable laws and regulations.
8.1 No Assignment. Subject to these Terms of Service, only you and no other person shall have the right to any claim against us in connection with use of the Services. You shall not assign, trade or transfer, or attempt to assign, trade or transfer, your right to any such claim. Any such assignment or transfer shall be void and shall not impose any obligation or liability on or against us to the assignee or transferee.
8.2 Intellectual Property Rights. Easy Pocket is an application developed and owned by us. The intellectual property rights of any contents displayed in Easy Pocket (including these Terms of Service, announcements, articles, videos, audios, images, archives, information, materials, trademarks or logos) are owned by us or the third-party licensors. You can only use the Easy Pocket applications and its contents for the purpose of holding and managing their Tokens. In particular, without prior written consent (or permit from relevant Open Source License) from us or the third-party licensors, no one shall use, modify, decompile, reproduce, publicly disseminate, alter, distribute, issue or publicly publish the abovementioned applications and contents (including Easy Pocket OSC). These Terms of Service shall not entitle you to any intellectual property rights, including the rights in relation to the use, for any purpose, of any information, image, user interface, logos, trademarks, trade names, internet domain names or copyright in connection with us or the Services.
8.3 No Waiver. Any failure by us to enforce these Terms of Service or to assert any right(s), claim(s) or causes of action against you under these Terms of Service shall not be construed as a waiver of our right to assert any right(s), claim(s) or causes of action against you.
8.5.1 The use of Services shall be exclusive of all taxes that are applicable to, arising from, or in connection to your use of the Services in any jurisdiction (“Payable Tax”).
8.5.2 You shall be responsible for determining any Payable Tax and declaring, withholding, collecting, reporting and remitting the correct amount of Payable Tax to the appropriate tax authorities. You shall be solely liable for all penalties, claims, fines, punishments, or other liabilities arising from the non-fulfilment or non-performance to any extent of any of your obligations in relation to the Payable Tax.
8.5.3 We shall not be responsible for determining any Payable Tax and declaring, withholding, collecting, reporting and remitting the correct amount of Payable Tax to the appropriate tax authorities.
8.6 Governing Law. These Terms of Service shall be governed by and construed in accordance with the laws of the Republic of Singapore.
8.7Jurisdiction. In the event of any dispute arising out of or in connection with these Terms of Service, including any question regarding its existence, validity or termination, the Parties shall first seek settlement of that dispute. In the event that such dispute is not resolved within a period of thirty (30) days from the commencement of such settlement process, such dispute shall be referred to and finally be resolved by arbitration in Singapore in accordance with the rules of the Singapore International Arbitration Centre (“SIAC”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The tribunal shall consist of a sole arbitrator to be appointed by the Chairman of the SIAC. The language of the arbitration shall be English. Each of the Parties irrevocably submits to the non-exclusive jurisdiction of the courts of Singapore to support and assist the arbitration process pursuant to the foregoing of this paragraph, including if necessary the grant of interlocutory relief pending the outcome of that process.
8.8 Contracts (Rights of Third Parties) Act. The Contracts (Rights of Third Parties) Act (Chapter 53B) of Republic of Singapore, as may be modified, amended or supplemented from time to time, shall apply to this. A person who is not a Party shall not have any rights whatsoever under these Terms of Service or to enforce these Terms of Service.
8.9 Severance. If any of part of these Terms of Service is rendered void, illegal or unenforceable by any legislation to which it is subject, it shall be rendered void, illegal or unenforceable to that extent and no further and, for the avoidance of doubt, the rest of these Terms of Service shall continue to be valid and in full force and effect.
8.10 Partial Invalidity. The illegality, invalidity or unenforceability of any provision of these Terms of Service under the law of any jurisdiction shall not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of any other provision.
8.11 Translated versions of these Terms of Service. Translated versions of these Terms of Service (if any) are provided for your convenience, and are not intended to revise the English version of these Terms of Service. If there is any discrepancy between the English version and non-English version of these Terms of Service, the English version shall prevail.
9.1 You shall fully understand and conform to the laws, regulations and rules in your jurisdictions which are relevant to use of the Services.
9.2 During your use of the Services, if you come across any problems, you can contact us through the submission of your feedbacks on Easy Pocket.
9.3 These Terms of Service is accessible for all users on Easy Pocket. We encourage you to read these Terms of Service each time you log onto Easy Pocket.
9.4 As for any issues not covered in this Agreement, you shall comply with the announcements and relevant rules as updated by Company from time to time.
9.5 These Terms of Service shall become effective on 16 Jan 2023.