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Terms of Service


Last Updated: April 28, 2020

 

Dear User,

 

Thank you for choosing SafePal. This SafePal Terms of Service (“Agreement”) is made between you (“User”) and Magic Technology Development Limited . (Company Registration Number: 2803364), a company incorporated in Hongkong and having its registered address at 12/F, San Toi Building, 127-139 Connaught Road Central, Hong Kong, China (“Company”) and is legally binding between you and Company. In this Agreement (a) “we” and “us” refer to the Company and “our” shall be construed accordingly; and (b) “you” refers to User and “your” shall be construed accordingly. Each of you and the Company shall hereinafter be referred to as a “Party”, and collectively, you and the Company shall hereinafter be referred to as the “Parties”.

 

Company hereby reminds you that you must carefully read the full content of this Agreement and other documents mentioned in this Agreement before using our mobile application “SafePal” available on various mobile platforms including but not limited to Google Play and Apple App Store (“SafePal” or “App”). In particular, you must carefully read the section of “Disclaimer and Limitation of Liability” and other sections which are displayed in bold in this Agreement. You must make sure that you fully understand the whole Agreement and evaluate the risks of using SafePal on your own.

 

I.Confirmation and Acceptance of this Agreement

1.You understand that this Agreement and other relevant documents apply to SafePal and the Applications which are developed and owned independently by Company on SafePal.

 

2.After you download SafePal and start to create, recover wallet or import wallet, you are deemed as having read and accepted this Agreement, which shall cause this Agreement to become effective and legally binding on both you and Company immediately. IF YOU DO NOT AGREE TO THE TERMS IN THIS AGREEMENT, YOU SHALL CEASE USAGE OF SafePal IMMEDIATELY AND IF YOU HAVE DOWNLOADED SafePal, PROCEED TO DELETE SafePal IMMEDIATELY.

 

3.In accessing or using SafePal, you agree:

  1. a) to be bound by the latest version of this Agreement without variation or modification;
  2. b) that in the jurisdiction to which you are subject, you are of legal age to use SafePaland to create binding legal and financial obligations for any liability you may incur as a result of the use of SafePal; and
  3. c) you are not an Excluded Person (as defined herein).

4.Company may, at its sole discretion, modify or replace this Agreement at any time. The modified Agreement will automatically take effect once it is posted on SafePal and you will not be notified separately. If you do not agree with the modifications, you shall cease to use SafePal immediately. Use of SafePal by you after any modification to this Agreement constitutes your acceptance of this Agreement as modified.

 

II.Definition

1.China: means the People’s Republic of China, including the Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan.

2.SafePal: means the blockchain wallet developed by Company based on blockchain systems and other supporting tools which are developed for the convenience of the Users when using blockchain systems.

3.Excluded Person:

  1. a) a person other than a natural person who possesses legal and mental capacity to enter into this Agreement; or
  2. b) a User who is prohibited, restricted, unauthorized or ineligible in any form or manner whether in full or in part under this Agreement, laws, regulatory requirements, or rules in the jurisdiction applicable to such User, to use the Services (as defined below). For the avoidance of doubt, Users from China are also covered under this definition of ‘Excluded Person’.

4.Beginner’s Guide: means the operation guide provided by the Company before you start to use SafePal (and during your future use of SafePal). This Beginner’s Guide would help you understand the basic knowledge about blockchain.

5.Create or import wallet: means your use of SafePal to create or import wallet after your acceptance of this Agreement.

6.Wallet Security Password: means the password determined by you when you create the wallet. The Wallet Security Password will be used to protect your Private Key and data privacy.

7.Alert: means the messages displayed on SafePal’s operation interface which provides suggestions for Users on subsequent operations.

8.Specific Users: means Users who should cooperate with Company and disclose Personal Information in order to comply with the laws, regulations and policies of China Hongkong and other countries.

9.Private Key: consists of 256 random bits. Private Key is the core for the User to hold and use the Tokens.

10.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.

11.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.

12.Keystore: means Private Key or Mnemonic Words in the format of a file which is encrypted and protected by the User’s Wallet Security Password. Keystore is stored only in your mobile device and will not be synchronized to the Company’ servers.

13.Tokens: means the tokens which are supported by SafePal currently, including but not limited to BTC, ETH, BNB and so on.

14.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 name, date of birth, identification card number, personal biological identification information, address, telephone number, bank card number, e-mail address, wallet address, mobile device information, operation record, transaction record, but excluding Wallet Security Password, Private Key, Mnemonic Words and Keystore.

15.ETH means Ether, the cryptographic token associated with the Ethereum blockchain, which for the avoidance of doubt does not include “Ethereum Classic”.

16.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.

17.SafePal Crypto Currency Hardware Wallet: means the hardware devices developed and produced by SafePal for the purpose of private key storage and protection.

 

III.SafePal Services (collectively, the “Services”)

1.Create or Recover Wallet. You may use the “Create Wallet”, “Recover Wallet” button on SafePal to create or recover your Wallet and manage multi-blockchain wallets.

2.Import wallet. You may use SafePal to create a new wallet or import wallets generated by other wallet application. You may only import wallets with Tokens which are supported by SafePal.

3.Transfer and receive Tokens. You may manage your digital Tokens by using the transfer and receipt functionalities of SafePal, 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 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 SafePal).

4.Manage Tokens. You may use SafePal to add, manage or delete the Tokens [from the SafePal interface] (except ETH and BTC) supported by SafePal.

5.Buy Tokens. You may use SafePal to buy digital Tokens. The Buy Tokens service is provided by third-party service provider. SafePal does not engage with the exchange procedure.

6.Decentralized Exchange (DEX). Users may exchange digital Tokens with third parties on the third-party-developed service platform. SafePal acts as an interface tool for Users to interact with the third-party-developed service provider and displays relevant results of such exchange of digital Tokens.

7.Match with crypto currency hardware wallet. Users may match SafePal of appropriate version with SafePal crypto currency hardware wallet and use the crypto currency hardware wallet to confirm the transactions operated through SafePal.

8.Touch ID/pattern. Users may use the Touch ID/Pattern to unlock or lock the SafePal application, in order to protect user pricacy.

9.Payment without Password. Users may use the function of Payment without Password of SafePal. The Payment without Password function stores Users’ Security Wallet Security Password in the Keychain/Keystore of Users’ mobile devices via secure encryption algorithm. Users’ biological identification (Touch ID) and authentication are called when conducting transactions, in order to quickly complete payment and signature.

10.Developer mode. For the convenience of Developer Users, they may access any websites and any third-party-developed DApps not integrated on SafePal by entering URL in search box under the Developer mode.

11.Transaction records. We will copy all or part of your transaction records from the blockchain system. However, Users shall refer to the blockchain system for the latest transaction records.

12.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 SafePal used by a particular User.

13.Other services that Company would like to provide.

 

Users who use SafePal acknowledges and accepts that:

1.In order to keep the decentralization feature of blockchain and to protect the security of your digital Tokens, Company offers decentralized service which is largely different from the banking and financial institutions. Users acknowledge and accept that the Company SHALL NOT have any responsibility to :

  1. a) store Users’ Wallet Security Password (the password Users set when creating or importing wallets), Private Key, Mnemonic Words or Keystore;
  2. b) recover Users’ Wallet Security Password, Private Key, Mnemonic Words or Keystore;
  3. c) freeze the wallet;
  4. d) report the loss of wallet;
  5. e) recover the wallet; or
  6. f) rollback transactions.

2.You shall bear sole responsibility to take care of your mobile devices, back up the SafePal App, and back up the Wallet Security Password, Mnemonic Words, Private Key and Keystore. In the event that: your mobile device is lost, your SafePal App or your wallet is deleted and not backed up, your wallet is stolen or you forget your Wallet Security Password, Private Key, Mnemonic Words or Keystore, the Company will not be able to recover the wallet or recover Wallet Security Password, Private Key, Mnemonic Words or Keystore. The Company may not be able to cancel transactions for the mishandling of Users (such as typing in wrong addresses for transactions, wrong amounts to be exchanged) and the Company shall not be responsible in any way in respect of the same.

3.When you use the function of Payment without Password of SafePal, please properly back up the Wallet Security Password. After multiple failed attempts to verify your Touch ID, you will need to input your Wallet Security Password. If you forget Wallet Security Password, you need to import Mnemonic Words/Private Key and set a new Wallet Security Password. Company does not store your biological information such as your Touch ID information, and the Company shall not be responsible in any way in respect of the same.

4.SafePal does not support all existing tokens. Do not use SafePal to handle any non-supported tokens.

5.The Buy Tokens and DEX functions of SafePal enable Users to exchange digital Tokens via third-party service providers(instead of SafePal) on the blockchain system in essence. As to services offered by the third-party service providers, SafePal acts solely as a tool for Users to use the functions, and thus does not provide any guarantee for functions or service qualities of those sevice providers. Before accepting services of or conducting transactions on such third-party-developed functions, Users shall, at their sole discretion, decide the risks of services or transactions provided by such service providers. Prior to commencing relevant transactions, Users shall carefully read and then agree with terms of use of relevant service terms updated from time to time (including without limitation, Simplex User Terms of use: https://www.simplex.com/terms-of-use/  Simplex Privacy Policy: https://www.simplex.com/privacy-policy/  Binance DEX FAQ: https://docs.binance.org/faq.html ).

6.If Users access any websites and any third-party-developed DApps not integrated on SafePal by entering URL under the developer mode, Users shall understand the security risks of the websites and the third-party-developed DApps linked by such URL, and assume all risks and consequences independently.

 

IV.Your Rights and Obligations

1.Create or Import Wallet

  1. a) Create or import wallet: you are entitled to use SafePalon your mobile device to create and/or import wallet, set Wallet Security Passwordand partterns, and use your wallet on SafePal to transfer and receive Tokens on blockchain.
  2. b) Identification verification: Specific Users will be asked to complete identification verification before using SafePalto comply with related laws and regulations, according to the notification of SafePal. 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. c) Company may develop different versions of SafePalfor different terminal devices. You shall download and install applicable version. If you download and install SafePalor other application with the same name as “SafePal” from any unauthorized third party, Company cannot guarantee the normal operation or security of such application. Any loss caused by using such application shall be borne solely by you.
  4. d) A previous version of SafePalmay stop to operate after a new version is released. Company cannot guarantee the security, continuous operation or customer services for the previous version. Users shall download and use the latest version.

 

2.Use of SafePal

  1. a) You shall bear sole responsibility to take care of your mobile devices, Wallet Security Password, Private Key, Mnemonic Words and Keystore. Company does not store or hold the above information for Users. 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 Security Password, Private Key, Mnemonic Words or Keystore, or your wallet being attacked.
  2. b) SafePal You understand and agree to comply with the Alert(s) published by the Company on SafePal. You shall be responsible for any risks, liabilities, losses and expenses which result from your failure to comply with any Alert(s).
  3. c) You understand that SafePalundertakes 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 SafePal.
  4. d) Provision of information and documents. To the extent that the Company determines, in its 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 SafePal, User shall provide Company with such information promptly upon such request, and acknowledges and accepts that Company may restrict, suspend or terminate your use of SafePaluntil such requested information has been provided to the satisfaction of Company. User undertakes to notify Company of any change in the documents and information provided by User to Company pursuant to this Agreement and in the absence of any notification in writing notifying of any change, Company is entitled to assume that the documents and information provided by User remain true, correct, not misleading and unchanged.
  5. e) Transfer of Tokens

i.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 SafePal, or identification verification.

ii.You understand that blockchain operations are “irrevocable”. When you use SafePal 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).

iii.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, SafePalor 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.

iv.You understand that SafePal is only a tool for transfer of Tokens. Company 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.

  1. f) Buy Tokensand DEX. You understand that the limits of amounts that Users may exchange via Buy Tokens functionor DEX per day are subject to limitations of the third-party-developed sevices. Company may also set limitations and adjust from time to time the limit of amounts that Users can exchange via Buy Tokens function or DEX per day.
  2. g) Compliance. You understand that you shall abide by applicable laws, regulations and policies when you use SafePal..
  3. h) Notifications. SafePalmay send notifications to you by web announcements, e-mails, text messages, phone calls, popup tips or client-end notices (e.g., information about your transfer or suggestions on certain operations) which you shall be aware of timely.
  4. i) Service fees and taxes.

i.When you use Buy Tokens and DEX services, third-party service providers 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 SafePal is merely for your reference;

ii.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;

iii.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;

iv.You shall bear all the applicable taxes and other expenses occurred due to your transactions on SafePal.

 

V.Risks

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 SafePal and may not represent the latest or the best quotation of each Token.

2.If you or your counterparty fails to comply with this Agreement or fails to follow the instructions, tips or rules on the website or on the page of the transaction or payment, the Company does not guarantee successful transfer of the Tokens and the Company shall not be held liable for any of the consequences of such failure. If you or your counterparty has already received the payment in SafePal 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.

3.You understand and acknowledge that Buy Tokens and DEX transactions are commenced, conducted and concluded on third-party-developed Smart Contracts. SafePal is only an interface tool for Users to interact with the third-party-developed Smart Contracts and displays relevant results of such completed transactions.

4.When you use Third-Party Service through SafePal, Company strongly suggest you read the terms of use, privacy policy, and other relevant documents and information of such Third-Party Service carefully, get familiar with the counterparty and the product information and evaluate the risks before you make transactions on such third parties. You understand that such transactions and corresponding contractual relationship are between you and your counterparty, instead of the Company. The Company shall not be held liable for any risks, responsibilities, losses or expenses occurred due to such transactions.

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.

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.

7.You understand that after you create or import wallet on SafePal, your Keystore, Private Key and Mnemonic Words are only stored on your mobile device and will not be stored in SafePal or on the servers of Company. You may change another mobile device to use SafePal after you follow the instructions on SafePal to back up your wallet. If you lose your mobile device before you could write down or backup your Wallet Security Password, Private Key, Mnemonic Words or Keystore, you may lose your Tokens and Company will not be able to recover them. If your Wallet Security Password, Private Key, Mnemonic Words or Keystore is disclosed or the device which stores or holds your Wallet Security Password, Private Key, Mnemonic Words or Keystore is hacked or attacked, you may lose your Tokens and Company will not be able to recover them. Any and all losses arising in connection with the foregoing shall be borne solely by you.

8.We suggest you backup your Wallet Security 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.

9.When you choose and purchase crypto currency hardware wallet, we suggest that you should:

  1. a) confirm whether your purchased crypto currency hardware wallet matches the SafePalversion; and
  2. b) choose and purchase a brand-new crypto currency hardware wallet from official channels.

10.When using the function of Payment without Password of SafePal, we remind you to use such function carefully and before using the same, we suggest that you should:

  1. a) understand carefully the security level of biological identification function of your mobile device;
  2. b) not turn on such function in a public phone; and
  3. c) not turn on such function in case of relatively large amount of crypto currency.

11.In order to avoid potential security risks, we suggest you use SafePal in a secured network environment. Please do not use a jailbreak or rooted mobile device.

12.Please be alert to frauds when you use SafePal. If you find any suspicious activity, we encourage you to inform us immediately.

 

VI.Change, Suspension, Termination of Company Service

1.You acknowledge and accept that Company may, at its 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 SafePal is deemed as your acceptance of this Agreement and revisions of this Agreement.

2.In order to avoid (to the extent possible) any mishandling of SafePal or any risk to the security of your Tokens, you shall not use SafePal if you do not possess the basic knowledge of blockchain. For Users who do not possess basic knowledge of blockchain, Company may refuse to provide all or part of the Services on SafePal to such Users.

3.You understand that Company may suspend the Services under the following circumstances (or may completely terminate the Services in connection with any of the following circumstances):

  1. a) maintenance, upgrading, failure of equipment and blockchain system and the interruption of communications etc., which lead to the suspension of the operation of SafePal;
  2. b) 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 the Company’s inability to provide Services or if in Company’s reasonable opinion, continuous provision of Services would result in significant risks;
  3. c) material adverse change of applicable laws or policies; or
  4. d) any other event(s) which Company cannot control or reasonably predict.

4.Company reserves the right to unilaterally suspend or terminate all or part of the Services or any function of SafePal under the following circumstances:

  1. a) death of Users;
  2. b) if you steal others’ wallets information or mobile devices;
  3. c) if you provide false Personal Information on SafePal;
  4. d) if you refuse to allow mandatory update of SafePal;
  5. e) if you use SafePalto commit illegal or criminal activities;
  6. f) if you hinder the normal use of SafePalby other Users;
  7. g) if you pretend to be staff or management personnel of Company;
  8. h) if you threaten the normal operation of Company computer system by attack, invasion, alternation or any other means;
  9. i) if you use SafePalto send spam; or
  10. j) if you spread rumours which endanger the goodwill of Company and SafePal;
  11. k) if you conduct any illegal activities, breach this Agreement etc. or other circumstances under which Company reasonably considers necessary to suspend Services.
  12. You are entitled to export your wallets within a reasonable amount of time if Company changes, suspends or terminates its Services.

 

VII.Your Representations and Warranties

1.You shall comply with all applicable laws and regulations of the country or area you reside in. You shall not use SafePal for any unlawful purposes or by any unlawful means.

2.You shall not be an Excluded Person who can’t use SafePal services.

3.You shall not use SafePal to commit any illegal or unlawful activities, including but not limited to:

  1. a) activities endangering national security of the country or area you reside in, disclosing state secrets, overturning the government or undermining national unity;
  2. b) any illegal conducts, such as money laundering, illegal fund raising etc.;
  3. c) accessing Company services, collecting or processing the content provided by Company, intervening or attempting to intervene any Users, by the employment of any automated programs, software, network engines, web crawlers, web analytics tools, data mining tools or similar tools etc.;
  4. d) providing gambling information or inducing others to engage in gambling;
  5. e) invading into others’ SafePalwallets to steal Tokens;
  6. f) engaging in any inaccurate or false transactions with the counterparty;
  7. g) committing any activities which harms or attempts to harm SafePalservice system and data;
  8. h) other activities which Company has reason to believe are inappropriate.

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 this Agreement by you and shall indemnify Company against the losses, the third-party claims or administrative penalties against Company incurred by such violation or breach, including reasonable attorney’s fees.

5.You confirm that you will pay the service fees charged by Company in time (if applicable). Company reserves the right to suspend the services when the User fails to pay service fees (if applicable).

 

VIII.Privacy Policy

Any personal data or information which you provide to us is also subject to our privacy policy (“SafePal Privacy Policy”), which is incorporated by reference into this Agreement.

 

IX.Disclaimer and Limitation of Liability

1.Company only undertakes obligations expressly set forth in this Agreement.

2.YOU ACKNOWLEDGE AND ACCEPT THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SafePal IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. Company shall not be held liable for malfunction of SafePal which results from any of the following reasons:

  1. a) system maintenance or upgrading of SafePal;
  2. b) force majeure, such as typhoon, earthquake, flood, lightning or terrorist attack etc.;
  3. c) malfunction of your mobile device hardware and software, and failure of telecommunication lines and power supply lines;
  4. d) your improper, unauthorized or unrecognized use of the Services;
  5. e) computer viruses, trojan horse, malicious program attacks, network congestion, system instability, system or equipment failure, telecommunication failure, power failure, banking issues, government acts etc.;
  6. f) any other reasons not imputed to Company.

3.Company shall not be held liable due to any of the following circumstances:

 

  1. a) you losing your mobile devices, deleting SafePalapplications and wallets without back-up, forgetting Wallet Security Passwords, Private Keys, Mnemonic Words, Keystores without back-up, which result in the loss of such User’s Tokens;
  2. b) you disclosing your Wallet Security Passwords, Private Keys, Mnemonic Words, Keystores, or lending or transfering your SafePalwallets to others, or authorizing others to use your mobile devices or SafePalwallets, or downloading SafePal applications through unofficial channels, or using SafePal applications by other insecure means, which result in the loss of your Tokens;
  3. c) you mishandling SafePal(including but not limited to wrong address, failure of the node servers selected by you) , which result in the loss of Tokens;
  4. d) you being unfamiliar with the lack of knowledge in relation to blockchain technology and your mishandling of SafePalresulting in loss of your Tokens;
  5. e) SafePalbeing unable to copy accurate transaction records due to system delay or blockchain instability etc.;

4.Each User shall undertake the risks and consequences arising or in connection with the following:

  1. a) such User’s transactions by using Third-Party Service;
  2. b) the use of developer mode by Users; and
  3. c) the use of Buy Tokensand DEX services by Users, which shall be assumed by you, your counterparty and issuers of relevant Smart Contracts.

5.You understand that SafePal 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 the Company. 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.

 

6.You acknowledge that SafePal 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 Company on such base or burden Company with more responsibilities or duty of care.

 

7.Company does not warrant that:

 

  1. a) services provided by Company would satisfy all your needs;
  2. b) all techniques, products, services, information or other materials from Company would meet your expectations;
  3. c) all the transaction information in digital Tokens markets captured from the third party exchanges are prompt, accurate, complete, and reliable;
  4. d) your counterparties on SafePalwill perform their obligations in the transaction agreements with you timely.

8.In any case, the total liability for Company under this Agreement shall not exceed the greater of:

 

  1. a) the market value of 0.1 BNB; or
  2. b) 50 US

9.You are aware that SafePal is only a tool for Users to manage their Tokens and to display transaction information. Company does not provide legal, tax or investment advice. You shall seek advice from professional legal, tax, and investment advisors. In addition, Company shall not be liable for any investment loss, data loss etc. during your use of our service.

 

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.

 

X.Miscellaneous

1.No Assignment

Subject to this Agreement, 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.

 

2.Intellectual Property Rights

SafePal is an application developed and owned by Company. The intellectual property rights of any contents displayed in SafePal (including this Agreement, announcements, articles, videos, audios, images, archives, information, materials, trademarks or logos) are owned by Company or the third-party licensors. Users can only use the SafePal applications and its contents for the purpose of holding and managing their Tokens. In particular, without prior written consent from the Company 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 SafePal OSC). This Agreement 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.

 

3.No Waiver

Any failure by us to enforce this Agreement or to assert any right(s), claim(s) or causes of action against you under this Agreement shall not be construed as a waiver of our right to assert any right(s), claim(s) or causes of action against you.

 

4.Entire Agreement

This Agreement includes this SafePal Terms of Service, SafePal Privacy Policy, and other rules (including contents in the “Support” column) posted by Company from time to time.

 

Save for SafePal Terms of Service, SafePal Privacy Policy which are incorporated in this Agreement, this Agreement contains the entire agreement and the understanding between us and supersedes all prior agreements, understandings or arrangements (both oral and written) in relation to the use of SafePal and the services in connection thereto.

 

5.Taxes

 

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”).

 

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.

 

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.

 

6.Governing Law and Dispute Resolution

 

This Agreement shall be governed by and construed in accordance with the laws of Hongkong.

 

In the event of any dispute arising out of or in connection with this Agreement, 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 30 days from the commencement of such settlement process, such dispute shall be referred to and finally be resolved by arbitration in Hongkong in accordance with the rules of the Hongkong International Arbitration Centre (“HKIAC”) 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 HKIAC. The language of the arbitration shall be English. Each of the Parties irrevocably submits to the non-exclusive jurisdiction of the courts of Hongkong 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.

 

7.Severance and Partial Invalidity

 

7.1 If any of part of this Agreement 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 this Agreement shall continue to be valid and in full force and effect.

 

7.2 The illegality, invalidity or unenforceability of any provision of this Agreement 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.Translated versions of this Agreement

 

Translated versions of this Agreement (if any) are provided for the convenience of Users, and are not intended to revise the English version of this Agreement. If there is any discrepancy between the English version and non-English version of this Agreement, the English version shall prevail.

 

XI.Others

1.You shall fully understand and conform to the laws, regulations and rules in your jurisdictions which are relevant to use of the Services.

2.During your use of the Services, if you come across any problems, you can contact us through the submission of your feedbacks on SafePal.

3.This Agreement is accessible for all Users on SafePal. We encourage you to read this Agreement each time you log onto SafePal.

4.This Agreement shall become effective on April 28, 2020

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.

 

Magic Technology Development Limited

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