Last Updated: 08 October 2023
You should be aware that the risk of loss in trading or holding Digital Currencies and Assets can be substantial. As with any asset, the value of Digital Currencies and Assets can increase or decrease and there can be a substantial risk that you lose money buying, selling, holding, or investing in Digital Currencies and Assets.
AmazeWallet Services are not currently regulated by UK, EU, or other international regulators. AmazeWallet Services are not within the scope of the jurisdiction of the UK Financial Ombudsman Service and your Digital Currencies are not subject to protection under the UK Financial Services Compensation Scheme or similar compensation schemes in other jurisdictions.
You should consult your financial advisor, legal or tax professional regarding your specific situation and financial condition, and carefully consider whether trading or holding Digital Assets is suitable for you.
NOTICE FOR UK CUSTOMERS
The UK financial regulator, the FCA, has expanded the scope of the Financial Promotions Regime to include cryptoassets. Certain cryptoassets are now classified as Restricted Mass Market Investments in the UK, meaning that they are high-risk investments and are not suitable for most retail investors.
Any content on this website that may constitute a financial promotion is not intended for a UK audience and any related purchase of a cryptoasset is strictly prohibited.
Terms and Conditions
References in these Terms to “Amaze“, “we“, “our” or “us“, are to Amber Business Enterprise Limited and Amazing Technologies Limited depending on the services being referred to, and references to “you” or “your” are to the person with whom Amaze enters into this Agreement.
In order to better protect your rights and interests, before executing this Agreement, please be sure to carefully read and fully understand all the terms of this Agreement, in particular, the limitations or exclusion of liability clauses.
We refer to the AmazeWallet Services and such other services that may be offered by Amaze from time to time, collectively, as the “Services“, which can be accessed via the AmazeWallet and App including the online platform which is accessible via https://amazewallet.com/.
AmazeWallet is a software that: (a) generates wallet addresses and encrypted private keys that allow users to send and receive Digital Currency via the Connected Blockchains; (b) allows users to create, sell and purchase NFTs; (c) browse third-party decentralised applications through the App’s browser; and (d) facilitates the submission of digital currency transaction data to the Connected Blockchains without requiring users to download or install the associated blockchain software to local devices.
Each of the AmazeWallet Services is provided by either Amber Business or Amazing Technologies subject to any applicable restrictions and obtaining necessary licences as required in the relevant jurisdictions (if any). The AmazeWallet Services and supported Digital Currencies may vary by jurisdiction.
Accessing, purchasing or using the App may be restricted by law in certain jurisdictions and users activities may be subject to legal investment laws and regulations or review or regulation by certain authorities.
This Agreement is for customers who reside outside the United States and the restricted jurisdictions (as set out in annex 1). The App is not a registered exchange under section 6 of the United States Securities Exchange Act of 1934. The App may not be accessed or used by or otherwise offered, sold, delivered or transferred within the United States and the restricted jurisdictions.
- This section provides a brief summary of the highlights of this Agreement. Please note that when you accept this Agreement, you are accepting all of the terms and conditions provided in this Agreement and not just this section.
- AmazeWallet provides self-hosted wallet services for around 60 blockchains (“Connected Blockchains”) including AmazeChain, Ethereum and Solona. By creating or importing a wallet, downloading or running the App, or using our websites or AmazeChain, you shall be deemed to have agreed to all of the terms and conditions under this Agreement. Please read and familiarise yourself with these Terms. These Terms set out, amongst others, rules for authorised uses of our app and Services as well as various licenses that we grant to you and licenses that you grant to us.
- For the avoidance of doubt, you do not own the App or any of its contents but you may use it on devices that you own or control to the extent as permitted by the App Store rules. If you have any questions or comments related to this Agreement, please send us a message on our website email@example.com, or contact us on amazewallet.com or through LinkedIn, Facebook, Instagram, Telegram, or Twitter. If you do not agree to this Agreement or any modifications to this Agreement, please do not use our websites or any of our Services.
HOW YOU ACCEPT THESE TERMS
- By clicking “Agree” at the end of this Agreement, you confirm that you accept all these Terms in full and that you agree to comply with them. Similarly, your use of the App and any of the Services provided by us will constitute your consent and acceptance of the Terms and this Agreement and be bound by the same. If you disagree with or do not fully understand any of the Terms, please do not use the App or access our Services.
CHANGES AND ADDITIONAL TERMS
- We may need to revise these Terms from time to time in our sole discretion to reflect changes in our Services’ functionality, to deal with a security threat or if there is a change in the law or guidance.
- Our Services are not fully available in all markets and jurisdictions, and we reserve the sole discretion to restrict or prohibit the use of any and/or all of the Services from certain jurisdictions (“Restricted Jurisdictions”) pursuant to applicable laws, regulations and policies and Amaze’s risk appetite. The list of Restricted Jurisdictions is contained in Annex 1 (Restricted Jurisdictions) as may be updated from time to time. There are certain Services or features which may or may not be available to you depending on your location and other criteria.
- You hereby represent and warrant that:
- you have full power, authority and capacity to (i) access and use the Services and (ii) enter into, deliver and perform your obligations under this Agreement and any agreement entered into pursuant to, or in connection with the terms of this Agreement;
- this Agreement and any agreement entered into pursuant to, or in connection with, the terms of this Agreement constitute valid and legally binding obligations, enforceable against you in accordance with their respective terms;
- if you are a legal entity, you further represent and warrant that: (i) you are duly organised, duly incorporated and validly existing under the applicable laws of the jurisdiction of your organisation and have full power to conduct your business; and (ii) you have duly authorised the relevant person to act on your behalf;
- if you are an individual, you are not less than eighteen (18) years of age and have full mental capacity to enter into this Agreement and any agreement entered into pursuant to, or in connection with, the terms of this Agreement, and to make decisions regarding your investments or transactions;
- all consents, approvals, authorisations (including corporate authorisations), declarations, permissions, or filings with any third party or regulatory authority, governmental department, agency or any other organisation having jurisdiction over you which are necessary or desirable required to enable you to enter into, perform and comply with the terms of this Agreement has been obtained and has not been withdrawn or amended;
- your access and use of the Services, your entering into and performance of the terms of this Agreement and any agreement entered into pursuant to, or in connection with, the terms of this Agreement, will not result in:
- if you are a legal entity, a breach of or conflict with your constitutional documents or articles of association (where applicable);
- a breach of, or constitute a default under, any instrument, agreement, document or undertaking to which you are a party or by which you or any of your property is bound or subject;
- a breach of any applicable laws, rules or regulations, or of any order, decree, judgment or award of any court, tribunal or authority in any jurisdiction.
- you meet all eligibility requirements outlined in this Agreement and any agreement entered into pursuant to, or in connection with, the terms of this Agreement;
- you acknowledge and accept that we reserve the right to disallow certain people from accessing or using our Services at our absolute discretion;
- you acknowledge and accept that we reserve the right to change our eligibility criteria at any time;
- all and any information you provide to us is true, accurate, up-to-date and complete in all respects, and may be relied upon by us in determining your eligibility to access and utilise the Services;
- you will not impersonate another person or gain unauthorised access to another user’s account and you will not interfere or otherwise prevent other users from using the Services or abuse our resources, including our support services;
- you accept and acknowledge that we are not responsible for any errors or omissions that you make in connection with any Digital Currency Transaction initiated via the Services and that you are strongly encouraged to review your transaction details carefully before attempting to transfer a Digital Currency; and
- you and your financial institutions, or any party that owns or controls you or your financial institutions are:
- not subject to sanctions or otherwise designated on any list of prohibited or restricted parties, including but not limited to the lists maintained by the United Nations Security Council, the U.S. Government (e.g., the Specially Designated Nationals List and Foreign Sanctions Evaders List of the U.S. Department of Treasury and the Entity List of the U.S. Department of Commerce), the European Union or its Member States, or other applicable government authority;
- not a designated individual or entity as defined in the Terrorism (Suppression of Financing) Act 2002 of Singapore or in the regulations promulgated under the Monetary Authority of Singapore Act 1970 of Singapore and the United Nations Act 2001 of Singapore; and
- not located in any country to which the United States has embargoed goods or has otherwise applied any sanctions.
- The following services may be provided to users by Amaze:
One or more self-hosted digital currency wallets (the “Digital Currency Wallets“) enabling you to mint, store, track, transfer, and manage your balances of certain supported digital currencies like Bitcoin or Ethereum or AmazeToken (“AMT”) and Non-fungible Tokens ( “NFTs”);
a Non-fungible Token marketplace enabling you to:
- mint NFTs, store, track, transfer, purchase, and sell NFTs and carry out any such purchases or sales on the App only for Android version; and
- display certain NFTs for IOS version users
(the “NFT Marketplace Service”);
a peer-to-peer encryption messenger exchange and document transfer service enabling you to send, receive, store, track and manage your messages and documents. (the “P2P Messenger Service”); and
a mining feature that allows AMT to be rewarded on your mobile by locking/staking your AMTs into a smart contract in exchange for becoming a validator in the Amaze DeFi protocol (the “Mining Feature”).
- In addition to the above AmazeWallet Services, additional services (“Additional Amaze Services“) may be made available by Amaze or another member of the Amaze Group, to users from time to time. These Terms may be updated to reflect the Additional Amaze Services offered to users in future.
Third Party Services
- Additional services may be provided to users through third party providers engaged by Amaze:
(A) Market Information by CoinGecko. Market information provided by CoinGecko providing you with a fundamental analysis of the crypto market by tracking price, volume and market capitalisation, community growth, open-source code development, major events and on-chain metrics.
(B) Fiat On and Off Ramps by Paxful and/or On-Ramper for Android users. Fiat on and off ramp provided by Paxful and/or On-Ramper enabling fiat payment, which allows you to purchase Digital Currencies with fiat or sell Digital Currencies for fiat through the App.
(C) Multichain Services by Tokenview and OKLink. The multichain services provided by Tokenview and OKLink will be introduced into the App enabling greater flexibility and efficiency in the transactions conducted on the App.
(D) NFT Storage Service by OpenSea or other NFT marketplace for Android users. The NFT storage service provided by OpenSea or other NFT marketplaces enabling you to store your NFT content securely and seamlessly on the App.
For avoidance of doubt, Amaze manages the storage of NFTs created and minted on AmazeChain and listed on the AmazeWallet NFT Marketplace.
- Decentralised Exchange (DEX) by Uniswap via in App Browser Connection. The DEX provided by Uniswap is connected with the AmazeWallet as an open-source project enabling you to swap any ERC-20 token on the Ethereum blockchain.
- For the avoidance of doubt, Amaze and the AmazeWallet does not facilitate nor provide any trading or investment or brokerage accounts or facilities, nor does Amaze or the AmazeWallet provide investment or any other financial advice. Nothing on the App or our websites should be considered a substitute for tailored financial advice or investment advice. Neither should any publication, notice or information found on the App or our websites be used as a basis for investment decisions. By agreeing to the terms of this Agreement, you understand and acknowledge that any decision that you make whilst using our App and the Services, is made at your sole discretion and you are solely responsible for any actions conducted by you whilst using our App and accessing the Services.
- For the avoidance of doubt, notwithstanding that the Services accessible on the App may enable you to sell, purchase, exchange, trade, swap, or in any manner transact Digital Currency with fiat currency or another Digital Currency (“Digital Currency Transactions”), such Digital Currency Transaction or any similar services are not provided by Amaze nor the AmazeWallet but by a Third Party Service Provider. Amaze is a technology provider and the AmazeWallet provides a technology service allowing users to facilitate their own Digital Currency Transactions with Third Party Service Providers.
AmazeWallet Services: User Obligations
- In relation to the Digital Currency Wallet
- the private key is connected to the Wallet address and, together, they can be used to authorise the transfer of Digital Currency to and from that Wallet address. You are solely responsible for maintaining the security of your private key and any mnemonic (backup) phrase associated with your Wallet. You must keep your Wallet address, mnemonic (backup) phrase, and private key access information secured. Failure to do so may result in the loss of control of Digital Currency associated with the Wallet. AmazeWallet cannot assist with password retrieval. AmazeWallet stores your Wallet address but does not receive or store your Wallet password, encrypted private key, unencrypted private key, or mnemonic (backup) phrase associated with your Wallet. We cannot, therefore, assist you with Wallet password retrieval. We cannot generate a new password for your Wallet if you fail to remember your original password. If you have not safely stored a backup of any Wallet address and private key pairs maintained in your Wallet, you accept and acknowledge that any Digital Currency you have associated with such a Wallet address will become inaccessible if you do not have your Wallet password;
- we only support those Digital Currencies made available by AmazeWallet and AmazeWallet has the sole discretion as to the implementation, and the timeline of implementation any particular Digital Currencies to AmazeWallet. The user may only use AmazeWallet to receive, transfer, store, or in any manner manage the Digital Currencies supported by AmazeWallet; and
- notwithstanding AmazeWallet may provide transactions record on AmazeWallet, the user shall refer to blockchain for the authentic and accurate records.
- In relation to Digital Currency Transactions
- Digital Currency Transactions. For the transactions to be completed, all proposed Digital Currency Transactions must be confirmed and recorded in the Digital Currency’s associated public blockchain. Connected Blockchains are decentralised, peer-to-peer networks supported by independent third parties, which we do not own, control, or operate. We have no control over the Connected Blockchains including Ethereum Networks and others, and, therefore, cannot and do not ensure that any transaction details that you submit via our Services will be confirmed and processed. By using AmazeWallet, you acknowledge and agree that the transaction details you submit may not be completed, or may be substantially delayed, by the Connected Blockchains. AmazeWallet does not store or transmit Digital Currency. We do not store, send, or receive Digital Currency. Any transfer that occurs in any Digital Currency (other than AMT in relation to AmazeChain) occurs on the Connected Blockchains and not on a network owned or operated by us. We therefore do not commit or guarantee that AmazeWallet can affect the transfer of title or right in any Digital Currency.
- NFT Transactions and the NFT Marketplace Service. AmazeWallet allows you to mint NFTs and engage in transactions on NFTs available on public blockchains via the Amaze NFT Marketplace and OpenSea. We do not have custody nor control over the NFTs or blockchains you are interacting with. You bear full responsibility for verifying the identity, legitimacy, and authenticity of NFTs that you purchase from third-party sellers using AmazeWallet and we make no claims about the identity, legitimacy, functionality, or authenticity of the users or the NFTs or any content associated with such NFTs.
- In relation to the in-App Dapp Service, AmazeWallet may allow users to facilitate exchanges between themselves through Third Party Services using different blockchain assets, which are data that typically represents transaction, access, or other participation rights on corresponding blockchain networks (collectively, “Assets”) via browser. By accessing or using decentralized exchanges via the in-App browser, you agree to maintain the security and confidentiality of your login credentials and restrict access to your account and your computer, tablet, or mobile device. You shall take full legal responsibility for all activities under your account and accept all risks of unauthorised access. You acknowledge and accept that if the decentralized exchange is hacked, you may lose any funds in your account with AmazeWallet and we are not responsible for any such loss.
- In relation to the P2P Messenger Service, you can use AmazeWallet to communicate with other users by privately delivering messages, photos, videos and audio files straight to any other wallet address. Users may be asked to opt in to share usage data to help us develop the App. AmazeWallet cannot, by design, and will not try to access your account, private messages, or activity on the App without your consent. All private messages on the App are encrypted end-to-end by default to help ensure your privacy. However, your privacy may be compromised if you use Third Party Services offered within the App. Your use of our P2P Messenger Service and all information and other content (including that of third parties) included in or accessible from our P2P Messenger Service is at your sole risk. We has neither the rights nor the obligations to resolve any disputes arising from your use of our P2P Messenger Service
- In relation to the Mining Feature, our Mining Feature runs completely on mobile. You may not mine AMTs in any manner that is prohibited by the laws and regulations applicable to you.
THIRD PARTY SERVICES AND AGREEMENTS
- Third Party Services. User may access Third Party Services through the AmazeWallet and our Services. Any Third Party Services are at all times provided by Third Party Services Providers. Amaze does not provide any Third Party Services nor is it responsible for user access to Third Party Services and the actions of any Third Party Provider.
- Although users may access Third Party Services through AmazeWallet, all fees, transactions, policies and procedures, terms and conditions, terms of service and/or any other agreements imposed by the Third Party Service Providers are entered into between the user and the Third Party Service Provider (the “Third Party Agreements and Policies”). Your use of any Third Party Services is at all times subject to the Third Party Agreements and Policies. Users must acknowledge and accept the Third Party Agreements and Policies prior to using any Third Party Services. Amaze shall not be responsible for any loss or damage suffered by you in relation to your use of any Third Party Service or interaction with any Third Party Service Provider.
- Third Party Services. If the user is using any centralised digital currency exchange, any fiat currency and digital currency on-ramp and off-ramp service or any centralised service provided by a Third Party Service Provider, and such service required the user to make deposit in fiat currency or digital currency to the Third Party Service Provider, the user’s fiat currency or digital currency are under custody and hold by the Third Party Service Provider, subject to Third Party Agreements and Policies. The user further acknowledges that such Third Party Service Provider may not be regulated or acquired any licenses or possess any insurance policies. The user agrees to use the Third Party Service at his/her own risks in such regard and shall not hold Amaze liable for any losses or damages suffered in this regard.
- Free to Choose. You are not obliged to use any Third Party Service and are free to choose the Third Party Service from any Third Party Service Provider. You are solely responsible to conduct any due diligence on any Third Party Service and Third Party Service Provider. Amaze does not guarantee the functions or service quality of any Third Party Service or Third Party Provider and shall not be responsible nor liable for any losses or damages suffered that may be suffered by your use of Third Party Services.
- Risks. The user shall be solely responsible for assessing all risks in relation to using a Third Party Service and Third Party Service Provider, including but not limited to security risks, counterparty risks, transaction risks, slippage, hacking, or any exploit of the Third Party Service Provider and its service offering. We are not responsible for any Third Party Service Provider’s websites or applications you may access nor are we responsible for any losses or harm caused in your use of such websites and applications.
- Account Opening and KYC. As mentioned under Section 6.2 above, the user may be required to provide personal information to the Third Party Service Provider for account opening and related KYC process. All such personal information and KYC information are retained and stored and the responsibility of the relevant Third Party Service Provider. Amaze does not obtain, store or have access to the user’s personal information and KYC information provided to any Third Party Service Provider.
- Restrictions Imposed by the Third Party Service Provider. Each Third Party Service Provider may have their own rules and policies applicable to their clients in accordance with their respective Third Party Agreements and Policies. A user who has access to the AmazeWallet Service does is not automatically granted access to use Third Party Services. Any user must comply with any Third Party Agreements and Policies imposed on it and is encouraged to contact the relevant Third Party Service Provider if he/she has any inquiry in relation to any restrictions imposed.
- Changes of the Third Party Service. The Third Party Service Provider may change or discontinue any or all of the Third Party Service or add or remove functionality of any or all of the Third Party Service from time to time. Amaze does not have the responsibility nor obligation to notify or communicate with the user of such changes. The user is encouraged and recommended to acquire updated information directly from the Third Party Service Provider from time to time. When you are using any Third Party Service, you shall also solely be responsible for:
- all transfer or receipt of fiat currency or digital currency from or to Third Party Service Provider;
- all transaction made by using any Third Party Service;
- all fees, including transaction fees, gas fees, and/or other fees payable to Third Party Service Provider;
- any network failure or computer system failure;
- all investment and/or transaction decision;
- tax; and/or
- all penalties, enforcement actions, investigation, and/or any actions or requirements taken by any authority from a competent jurisdiction against you or your use of the AmazeWallet Service or the Third Party Service.
- Push Notification. You may agree to receive push notifications from Third Party Content providers. In order to receive push notifications, you must opt in to the service. Push notifications will not be automatically enabled on your device for Third Party Content. We do not control, endorse, or adopt any Third Party Content shared through push notifications, and will have no responsibility for Third Party Content including, but not limited to, token availability and/or sales.
- In no event shall a description or reference to a Third Party Service Provider’s product or service (including, but not limited to, providing a description or reference via hyperlink) be construed as an endorsement or promotion of such Third Party Services by us. We retain the exclusive right to add to, modify, or cancel the availability of any Third Party Service. If, to the extent permitted by AmazeWallet, you grant express permission to a Third Party Service Provider to access or connect to your AmazeWallet account, either through the Third Party Service Provider’s product or service or through AmazeWallet, you acknowledge that granting permission to a Third Party Service Provider to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. You are fully responsible for all acts or omissions of any Third Party Service Providers with access to your AmazeWallet account.
- Amaze Services. In the course of operating and providing the Services, you acknowledge and agree that Amaze shall have the right to assign all or part of its rights and obligations hereunder to any third party, including any affiliate of Amaze.
- Third party Payments. We have no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any goods or services that you may purchase or receive from, or sell or transfer to, any third party (including other users of our Services). We are not responsible for ensuring that a third party buyer or a seller you transact with will complete the transaction or is authorised to do so. If you experience a problem with any goods or services purchased from, or sold to, any third party using Digital Currencies transferred using our Services, or if you have a dispute with such third party, you should resolve the dispute directly with that third party.
WALLET REGISTRATION AND ACCOUNT SET UP
- Registration of AmazeWallet account. To use the AmazeWallet Services, you will need to register for an AmazeWallet account (an “Amaze Account“) by providing your details, including your name, email address and a password and accepting the terms of this Agreement. You are fully responsible for all activity that occurs under your Amaze Account. We may, in our sole discretion, refuse to open an Amaze Account for you, or restrict, suspend or terminate any Amaze Accounts or suspend or terminate any AmazeWallet Account or the trading of specific Digital Currency in your account. With the account, you can either create a new wallet using the account information or import an existing wallet (the “Wallet”) to use AmazeWallet.
- Creation of a Wallet. When you create a Wallet, you will be assigned a private key. You will be prompted to download and save a keystore – your private key encrypted with a password. You will be responsible for maintaining the confidentiality of your private key and keystore, and will be fully responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorised use of your password, account, or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this paragraph. When you create a Wallet, you are strongly advised to take precautions in order to avoid loss of access to and/or control over your Wallet. Suggested measures include, but are not limited to, the following:
- creating a strong password that you do not use for any other website or online service;
- using the backup functionality provided by the Wallet or safeguard your private key and mnemonic (backup) phrase on an external hard drive which, all users, especially users who have more than $100,000 USD in assets, are encouraged to do even if they are utilising the Services’ backup functionality;
- maintaining the security of your Wallet by protecting the private key and mnemonic (backup) phrase associated with your Wallet by, for example, limiting access to your computer and your Wallet; and
- promptly notifying us if you discover or otherwise suspect any security breaches related to your Wallet.
- Identity Verification. You agree to provide us with the information we request (which we may request at any time deemed necessary) for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime, and permit us to keep a record of such information.
- Enhanced Due Diligence. You may also be required to undergo enhanced due diligence, where Amaze may request that you submit additional information about yourself or your business. In providing us with this or any other information that may be required, you confirm that the information is true, accurate and complete, and you have not withheld any information that may impact Amaze’s evaluation of you for the purposes of your registration for an Amaze Account or the provision of our Services to you.
- Change in information. You undertake to promptly notify in writing and provide Amaze with information regarding any changes in circumstances that may cause any such information provided to become false, inaccurate or incomplete and also undertake to provide any other additional documents, records and information as may be required by Amaze. You permit us to keep records of such information.
- Push Notifications. You may agree to receive push notifications from AmazeWallet when transactions involving your Wallet have been completed. Push notifications can be enabled to display information about Token Launches, events of our organisation to better serve you and NFT demonstration. If you would like to receive push notifications, you must opt in to the service by accessing “Settings” and enabling “Push Notifications”.
- Payment and Fees. Any applicable fees will be displayed prior to you using any service to which a fee applies. You agree to be responsible for the payment of and pay all fees applicable in relation to your use of our Services. All fees payable by you are exclusive of taxes unless otherwise noted. We reserve the right to withhold taxes where required.
- Transactions. Once transaction details have been submitted via the Services, we cannot assist you to cancel or otherwise modify your transaction. AmazeWallet has no control over Connected Blockchains and does not have the ability to facilitate any cancellation or modification requests to Connected Blockchains. You must ensure that you have an adequate balance in your Wallet and/or gas to complete transactions before initiating a transaction. You acknowledge and agree that we will not be liable for any failed transactions due to insufficient funds or gas associated with your AmazeWallet account.
- Supported Digital Currencies. AmazeWallet Services are available only in connection with Supported Digital Currencies. Under no circumstances should you attempt to use your AmazeWallet to store, send, request, or receive Digital Currencies in any form that we do not support. We assume no responsibility or liability in connection with any attempt to use your AmazeWallet for Digital Currencies that we do not support or with regard to a Supported Digital Currency sent to an incompatible wallet address. All such erroneously transmitted Digital Currencies will be lost. You acknowledge and agree that Amaze bears no responsibility and is not liable for any unsupported asset that is sent to a wallet associated with your Amaze Account. If you send an unsupported Digital Currency to a wallet associated with your Amaze Account, then you will lose that Digital Currency.
- Taxes. It is your responsibility to determine what, if any, taxes apply to the transactions that you have submitted transaction details for via the Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that we are not responsible for determining whether taxes apply to your Ethereum-based or other Connected Blockchain based transactions or for collecting, reporting, withholding, or remitting any taxes arising from any Digital Currency-related transactions.
- Operation of Digital Currency Protocols. Amaze does not own or control the underlying software protocols which govern the operation of Digital Currencies. Generally, the underlying protocols are ‘open source’ and anyone can use, copy, modify, and distribute them. We assume no responsibility for the operation of the underlying protocols and we do not guarantee the functionality or security of network operations. You acknowledge and accept the risk that underlying software protocols relating to any Digital Currency you store in your AmazeWallet may change.
- You acknowledge and accept the risks of operating changes to Digital Currency protocols and agree that Amaze is not responsible for such operating changes and not liable for any loss of value you may experience as a result of such changes in operating rules. You acknowledge and accept that Amaze has sole discretion to determine its response to any operating change and that we have no responsibility to assist you with unsupported Digital Currency protocols. You further acknowledge and accept that Amaze has no responsibility to support new Digital Currency forks or operating changes for Digital Currencies.
- Your Accounts. You are responsible for all activities that occur under your Amaze Account, AmazeWallet and your use of our Services, regardless of whether the activities are authorised by you or undertaken by you, your employees or a third party (including your contractors, agents or End Users). We and our affiliates are not responsible for any unauthorised access to your Amaze Account.
- Your Compliance with Applicable Law. You must comply with all applicable laws, regulations, licensing requirements and third party rights (including, without limitation, data privacy laws and anti-money laundering and countering the financing of terrorism laws) in your use of AmazeWallet and our Services. You will ensure that your use of AmazeWallet and our Services does not violate any applicable laws or regulations.
- Your Use. You are solely responsible for your use of the Services. For as long as this Agreement is in effect, you shall have a limited, non-exclusive, non-sub-licensable and revocable licence to access and use the Services solely for your personal purposes (or in the case of a business, for your business operations). Save as expressly provided in this Agreement, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording or other means.
- “Acceptable Use Policy” means the policy set forth in this Section 8.3 below, as amended from time to time. For the avoidance of doubt, the terms of the Acceptable Use Policy form part of this Agreement. During the use of the Services, you agree not to, directly or through any other user or otherwise:
- engage in any activity that would breach any third-party rights (including, without limitation, intellectual property, data protection and privacy rights or rights of confidentiality) or violate, or encourage the violation of, the legal rights of others (for example, stealing another User’s NFT, committing copyright infringements, allowing End Users to infringe or misappropriate the intellectual property rights of others in violation of the Digital Millennium Copyright Act or equivalent laws in any relevant jurisdiction);
- break the law or otherwise encourage any unlawful activity (for example, engaging in fraudulent behaviour, scamming or attempting to scam any person, attempting to impersonate any person);
- post, create, send, upload, disseminate, engage in, promote or encourage any content (in any form) that is, or might be considered to be, harmful, infringing, damaging, defamatory, offensive, obscene, threatening, violent, explicit, sensitive or discriminatory in any way. In this respect, you agree and undertake not to (and not to allow any other persons) post or transmit any unsolicited or unauthorised advertising, promotional materials, junk mail, spam or any other form of solicitation (commercial or otherwise) during the use of our Services through the App or to any other user;
- engage in, promote or encourage any activity that is, or might be considered to be, harmful, infringing, damaging, defamatory, offensive, obscene, threatening, violent, explicit, sensitive or discriminatory in any way;
- use the Services for any unlawful, invasive, infringing, defamatory or fraudulent purpose (for example, this may include harassment, stalking, doxing, engaging in threatening behaviour, phishing, creating a pyramid scheme or mirroring a website);
- intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature with the intention to undermine or harm Amaze or AmazeWallet’s cybersecurity protocols or which may otherwise violate any applicable laws, regulatory requirements or the provisions hereof;
- modify, translate, alter, lease, disseminate or transfer any software or license information provided by Amaze or AmazeWallet, or reverse engineer, decompile or otherwise attempt to extract the source code of any software of Amaze or AmazeWallet in any way;
- interfere with the use of the Services, or the equipment used to provide the Services, by customers, authorised resellers, or other authorised users;
- engage in any act that may disable, interfere with, circumvent or in any way affect any aspect of the use of Services (for example, any thresholds or limits) that may adversely affect the normal operations of AmazeWallet and any of the Services, including the normal operations of any internet or mobile network;
- use the Services, or any interfaces provided with the Services, to access any other product or service in a manner that violates the terms of service of such other product or service;
- participate in any plot designed to cheat, mislead or deceive Amaze or other users of AmazeWallet or any other third party, or for any other illegal purposes;
- use the Services in such manner that evades the payment of applicable fees or charges;
- try to gain unauthorised access to computers, data, systems, accounts or networks;
- deliberately disrupt the operation of anyone’s website, app, server or business; or
- use the Services to upload, download, store or post, facilitate the posting by any third party of or in any way publish or disseminate any information that:
- involves any political propaganda or news in violation of the applicable laws or regulatory policies;
- involves any state secret or national security as defined by the applicable laws;
- is defamatory of any person, or contains any obscene, pornographic, terroristic, violent, slanderous, intimidating or harassing content, or which abets any crime, harms minors or infringes on the privacy of others;
- is deliberately designed to provoke or antagonize people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people;
- involves, constitutes, encourages or provides instructions for a criminal offence, dangerous activities or self-harm, including any illegal activities such as gambling, betting, pornography, drug activities, or smuggling, or any other illicit behaviour;
- advocates any discrimination based on race, religion, sex, nationality, disability, sexual orientation or age;
- contains a material threat of any kind, including threats of physical violence;
- harms cybersecurity or otherwise damages public interest, public security, public order or social morals;
- in the sole judgment of AmazeWallet, is objectionable or which restricts or inhibits another person from using the Services, or which may expose Amaze or users or AmazeWallet to any harm or liability; or
- would otherwise be illegal under any applicable laws and regulations.
- Review of Use. Amaze has the right to review and supervise the use of the Services by you and your End User (where applicable). If you violate any of the provisions or breach any covenant or warranty made by you under this section 8 or any part of this Agreement, notwithstanding any other rights of Amaze as otherwise specifically provided under this Agreement, AmazeWallet shall have the right to take any and all appropriate actions, including without limitation, the immediate termination of the Services, closure of your Amaze Account, and deletion of any of Your Content. AmazeWallet shall not be held liable for any losses or damages incurred by you or any third party as a result of your violation of these Terms and any beach of the Agreement.
- Reporting. To protect our community, we seek your cooperation to report any violations of the Acceptable Use Policy to us. If you believe any user or content or data uploaded or used by a user is in breach of these the Acceptable Use Policy, please report via our reporting function in AmazeWallet or contact us at firstname.lastname@example.org. We reserve the right to reward users who provide true and accurate reports to us at our sole and absolute discretion. You accept and acknowledge that other users and customers may report any of your violations of the Acceptable Use Policy to us, and we reserve the right to take immediate action against you if we determine, in our sole and absolute discretion, that you have violated the Acceptable Use Policy. Such action may include:
- removing your ability to view Digital Currency;
- removing your ability to interact with Digital Currency;
- temporarily or permanently disallowing any transfer, purchase, sale, transfer or withdrawal of any specific Digital Currency;
- removing your Digital Currency listings from the NFT Marketplace;
- removing your ability to use or access any of the Services;
- suspension or closure of the Amaze Account
- any other action which we deem appropriate or necessary in the circumstances.
AmazeWallet shall not be held liable for any losses or damages incurred by you or any third party as a result of any of the aforementioned actions taken.
Any statement, notification, warning etc. made by AmazeWallet by various means (including but not limited to announcements published on the website, the App or by emails) regarding the use of the Services shall be regarded as part of this Agreement. By your use of the Services, you shall be deemed to have read, understood and agreed to the contents of such statements, notices and warnings.
- Your Security and Backup. You are responsible for the proper configuration and use of the Services and otherwise, to take appropriate action to secure, protect and backup your Amaze Account and other accounts and your own content and/or data in a manner that will provide appropriate security and protection, which might include use of encryption.
- Security Breach. If you suspect that your Amaze Account or any of your security details have been compromised or if you become aware of any fraud or attempted fraud or any other security incident (including a cyber-security attack) affecting you and/or AmazeWallet (“Security Breach”), you must notify us as soon as possible at email@example.com and continue to provide accurate and up to date information throughout the duration of the Security Breach. You must take any all reasonable steps to reduce, manage or report any Security Breach and to mitigate the consequences of the Security Breach. Failure to provide prompt notification of any Security Breach may be taken into consideration in our determination of the appropriate resolution of the matter.
- Log-In Credentials and Account Keys. To the extent we provide you with log-in credentials and API authentication generated by the Services, such log-in credentials and API authentication are for your internal use only and you will not sell, transfer or sublicense them to any other entity or person, except that you may disclose your private key to your agents and subcontractors performing work on your behalf.
TEMPORARY SUSPENSION AND LIMITING API REQUESTS
- Generally. We may suspend your right to access or use any portion or all of the Services immediately upon notice to you for any good reason or if we determine that:
- your use of the Services (i) poses a security risk to the Services or any third party, (ii) could adversely impact our systems, the Services or the systems of any other user, (iii) could subject us, our affiliates, or any third party to liability, or (iv) could be fraudulent;
- you are, or any End User is, in breach of any of the terms of this Agreement;
- for entities, you have ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition of your assets, or become the subject of any bankruptcy, reorganisation, liquidation, dissolution or similar proceeding.
- Effect of Suspension. If we suspend your right to access or use any portion or all of the Services:
- you remain responsible for all fees and charges you incur during the period of suspension; and
- you will not be entitled to any service credits for any period of suspension.
Whereupon we are of the opinion that the reason of our suspension of your use of our Services no longer exist (or is otherwise no longer an issue), we have the sole and full discretion to un-suspend and continue your use and access of our Services. For the avoidance of doubt, the terms of this Agreement shall continue to be binding before, during and after such suspension of your use and access to our Services.
- Limiting API Requests. If applicable to a particular Service, we retain sole discretion to limit your usage of the Services (including without limitation by limiting the number of API requests you may submit (“API Requests”)) at any time.
DISCONTINUANCE OF SERVICES
- We may, in our sole discretion and without liability to you in any way, with or without prior notice, and at any time, modify or discontinue, temporarily or permanently, any portion of our Services. You are solely responsible for storing outside of the Services a backup of any Wallet address and private key pair that you maintain in your Wallet. Maintaining an external backup of any Wallet address and private key pairs associated with your Wallet will allow you to access the Connected Blockchain upon which your Wallet is secured. Such a backup will allow the user to fully restore their Wallet at any time without cost or loss of the user’s Digital Currency. If you do not maintain a backup of your Wallet data outside of the Services, you will not be able to access the Digital Currency associated with your Wallet after you forget your private key. AmazeWallet shall not be held responsible or liable for any loss of Digital Currency in the event that we discontinue or depreciate the Services.
TERMINATION OF THIS AGREEMENT
- Notwithstanding Amaze’s right to suspend the Services under Section 9 above or any other rights as provided under Section 8 above, this Agreement may be terminated:
- by us at any time by giving you notice of such termination;
- by you if you notify us of your wish to terminate this Agreement by emailing us at firstname.lastname@example.org. Upon our acceptance of your notice and the payment of any outstanding fees due and unpaid, we will proceed to deactivate your account;
- immediately without notice if we determine (in our sole discretion) that you:
- have breached any terms or conditions of this Agreement;
- jeopardize or may jeopardize the security or system ability of AmazeWallet, our Services or any third party;
- have committed or may commit such acts that harm the Services, AmazeWallet, or related network or server of AmazeWallet;
- use the Services in such manner that might incur any liability on Amaze and/or its affiliates;
- have engaged in any fraudulent, deceptive or other illegal acts;
- become a subject to any bankruptcy, reorganisation, liquidation, dissolution or other similar proceedings; or
- have found to be in violation of the applicable laws or regulatory policies,
and you shall take all consequences arising therefrom and Amaze shall not be held liable for any loss or damages suffered by you as a result of a termination pursuant to Section 11.1(b) above.
- You acknowledge and agree that upon the deactivation of your account or if we suspend or terminate this Agreement, you will lose any and/or all of Your Content associated with your account, including access to any content which you have previously stored (including but not limited to any transactions stored or recorded). We will not be liable for your or any other person’s loss of or loss of access to any of Your Content on your account.
- In the event of any termination of this Agreement:
- you are no longer allowed to use the App and we may remotely restrict your access to it and any of our Services;
- you must delete it from any devices that it has been installed on;
- we may delete or suspend access to any accounts that you hold with us; and
- you are not entitled to any refund and AmazeWallet is not liable to you for any losses or damages suffered.
- Amaze may discontinue or change any product, service, or feature, in its sole discretion, at any time.
- AmazeWallet also contains copyrighted material and trademarks including, but not limited to, text, graphics and such other Content that we have uploaded and presented in connection with the App and the Services. Unless otherwise provided, we exclusively own the Content. All Intellectual Property Rights in and to the Services (including but not limited to the App and the Contents) belong to and shall remain vested in us, which is protected by copyright law, registered and unregistered trademarks, and other intellectual property rights. Your use of the Services does not grant you any right, title, or interest in the Content. You agree that you will not copy, transmit, distribute, sell, license, create derivative works from, or, in any other way, exploit any of the Content, in whole or in part. AmazeWallet was developed under a GPL open-source license. Information regarding AmazeWallet’s current software will be available at https://github.com/amazewallet before officially commercial launch. Since software development is community-based, it can be accessed, used, and shared, in modified or unmodified form, by anyone. Please be aware that GPL is a copyleft license, which means that any derivative works can only be distributed under the same license terms as the original software. If you have any questions, you should review GNU’s terms and conditions at https://www.gnu.org/licenses/gpl-3.0.en.html.
- Unless otherwise stated or expressed, all intellectual property rights in the Services and any part thereof, including any and all derivatives, changes and improvements thereof lie exclusively with us. You hereby agree and undertake:
- not attempt to infiltrate, hack, reverse engineer, decompile, or disassemble the Service or any part thereof for any purpose;
- not represent that it possesses any proprietary interest in Services, or any part or derivative thereof;
- not directly or indirectly, take any action to contest our intellectual property rights or infringe them in any way;
- except as specifically permitted in writing by us, not use the name, trademarks, trade-names, and logos of ours;
- except as specifically permitted herein, not copy any part or Content of the portal, reports or documentation other than for our own internal business purposes;
- not copy any features, functions or graphics of the portal or use it to build a competitive product or service;
- not remove the copyright, trademark and other proprietary notices contained on or in portal, or Services.
You shall take no action, directly or indirectly, to register our trademarks (or their variation), domain names, or copyrights under your own or anyone else’s name and shall provide commercially reasonable assistance to us to prevent the occurrence of such activity by any third parties. You agree that you only use images, audio, video which you have appropriate intelligent property rights to create NFTs, to post other deliverables. We shall not be liable for any infringement arising from the participators’ submitted NFTs or any other deliverables.
- If any third-party claims that the App or your possession and use of the App infringes their intellectual property rights, we will be responsible for investigating the claim and, where appropriate, for defending, settling and/or discharging it. You acknowledge and accept that you shall indemnify, keep us indemnified and hold us harmless from and against any losses, claims, damages, liability, costs (including legal and other professional fees) and expenses which we may incur or suffer as a result of or arising from any breach by you of its warrants under this section.
- In connection with any third-party claims pursuant to Section 12.3 above, notwithstanding Section 14 and 15 below, you acknowledge and agree that AmazeWallet reserves the right to disclose your identity or your End User’s identity (as applicable) to any third party who is claiming any violation of their intellectual property rights or of their right to privacy against you. Further, AmazeWallet maintains the right to remove any content belonging to you (or your End User) if, in AmazeWallet’s opinion, does not comply or is in violation of section 8.3(o) above.
- Your Content. Depending on the Service, you may share Your Content with us. Except as provided in this Section 13, we obtain no rights under this Agreement from you (or your licensors) to Your Content. You consent to our use of Your Content and data so given to us to provide the Services to you.
- Service Offerings License. We or our licensors own all right, title, and interest in and to the Services, and all related technology and intellectual property rights. Subject to the terms of this Agreement, we grant you a limited, personal, non-commercial, non-exclusive, non-transferable, non-sublicensable and revocable license to do the following:
- access and use the Services solely in accordance with this Agreement; and
- copy and use our Content solely in connection with your permitted use of the Services.
Except as provided in this section 13.2 (Service Offering License), you obtain no rights under this Agreement from us, our affiliates or our licensors to the Service Offerings, including any related intellectual property rights. Some of our Content and Third Party Content may be provided to you under a separate license, such as the Apache License Version 2.0 or other open-source licenses. In the event of a conflict or inconsistency between this Agreement and any separate license, the separate license will prevail with respect to our Content or Third Party Content that is the subject of such separate license. For the avoidance of doubt, upon termination of this Agreement pursuant to Section 11 above, all licences and rights granted to you under this Section 13.2 will immediately cease save that any and all such obligations incurred by you prior to the termination shall survive the termination of this Agreement for all purpose. AmazeWallet reserves the right to claim against you for any loss or damages suffered herewith as a result of the termination of this Agreement.
- License Restrictions. Neither you nor any End User will use the Services in any manner or for any purpose other than as expressly permitted by this Agreement. Except as expressly authorised, neither you nor any End User will, or will attempt to:
- modify, distribute, alter, tamper with, repair, or otherwise create derivative works of any Content included in the Services (except to the extent Content included in the Services is provided to you under a separate license that expressly permits the creation of derivative works);
- reverse engineer, disassemble, or decompile the Services or apply any other process or procedure to derive the source code of any software included in the Services (except to the extent applicable law doesn’t allow this restriction);
- access or use the Services in a way intended to avoid incurring fees or exceeding usage limits or quotas;
- use scraping techniques to mine or otherwise scrape data except as permitted by a Plan;
- resell or sublicense the Services unless otherwise agreed in writing. You will not use Our Marks unless you obtain our prior written consent. You will not misrepresent or embellish the relationship between us and you (including by expressing or implying that we support, sponsor, endorse, or contribute to you or your business endeavours). You will not imply any relationship or affiliation between us and you except as expressly permitted by this Agreement;
- use our Services to break the law. You agree that you will not violate any laws, including any local, provincial, state, federal, national, or international laws that may apply to you, when using our Services. You agree that you will not use our Services to pay for, support, or otherwise engage in any illegal activities including, but not limited to, illegal gambling, fraud, money laundering, or terrorist activities. If we discover that you have violated this Agreement or other regulatory requirements including, but not limited to, the Bank Secrecy Act, by participating in money laundering or by financing terrorist activities, we will take proportional disciplinary action. You further agree not to encourage or induce any third party to engage in any of the activities prohibited under this section;
- interfere with other’s use of the Services. You agree that you will not use or attempt to use another user’s Wallet without authorisation or use our Services in any manner that could interfere, disrupt, negatively affect, or inhibit other users from fully enjoying it;
- harm our system. You agree not to distribute any virus or other harmful computer code through our Services. You also agree to not take any action that may impose an unreasonable or disproportionately large load on our or any of Third Party Service Providers’ infrastructure; or
- circumvent our security. You agree not to bypass, circumvent, or attempt to bypass or circumvent any measures that we may use to prevent or restrict access to the Services including, without limitation, other accounts, computer systems, or networks connected to the Services. Any use of our Services other than as specifically authorised in this Agreement, without our prior written permission, is strictly prohibited and will terminate your license to use our Services.
- Suggestions. If you provide any Suggestions to us or our affiliates, we and our affiliates will be entitled to use the Suggestions without restriction. You hereby irrevocably assign to us all right, title, and interest in and to the Suggestions and agree to provide us any assistance we require to document, perfect, and maintain our rights in the Suggestions.
- Confidential Information. You may, in the course of your use or access of the Services be provided access to proprietary and confidential information belonging to AmazeWallet or its affiliates, users, vendors or other persons (collectively, “Confidential Information”). Such Confidential Information includes, without limitation, any prices, fees, terms, analytical data, Personal Data (as defined further in Section 15 below), customer information, purchase or transaction information or data or analytics regarding the Services or materials and information provided by us (to the extent accessed and used by you as part of the Services), but excludes any information that is or becomes generally available to the public or to you on a non-confidential basis, other than as a result of a breach of your or any other person’s confidentiality obligations.
- Obligation of Confidentiality. Unless expressly permitted by us in writing, you shall:
- keep all Confidential Information confidential and use it solely for the purposes of your use of the Services in accordance with these Terms, and not for any other purpose;
- not disclose the Confidential Information to any person, save to the extent such disclosure is required by law, by any governmental or regulatory authority or by a court of competent jurisdiction, provided that, to the extent it is legally permitted to do so, you provide us as much notice of such disclosure as possible; and
- not make or retain any copies of the Confidential Information and shall, at AmazeWallet’s instructions, destroy or return all such Confidential Information should you retain copies of the Confidential Information for any reason.
- Without prejudice to any other rights or remedies AmazeWallet may have, you acknowledge and agree that damages alone would not be an adequate remedy for any breach of Clause 14 or 15 of these Terms. Accordingly, AmazeWallet shall be entitled to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of Clause 14 or 15 of these Terms.
- Singapore Personal Data Protection Policy. We are committed to complying with the Personal Data Protection Act 2012 of Singapore (“PDPA”) and other applicable data protection laws and regulations. Personal data refers to any data and/or information about you from which you can be identified by, either (a) from that data; or (b) from that data and other information to which we may have legitimate access to (“Personal Data”). Examples of such Personal Data include but are not limited to:
- your name, NRIC number, passport number or other identification number, telephone number(s), mailing address, email address, photograph (including anyselfies), videos and any other information relating to you which you have provided us in any form you may have submitted to us, or in other forms of interaction with you;
- your employment history, education background and salary;
- information about your use of our websites and Services, including computer and connection information, device capability, bandwidth, statistics on page views, cookies, IP addresses, transaction details, subscription account details, membership details and traffic to and from our websites and the App;
- proof of your address of residence (including as indicated in your utility or credit card bills); and
- your payment related information, such as your bank account or credit card information, and your credit history.
- You agree and consent to our use, collection, storage, processing, disclosing and sharing amongst ourselves your personal data as data controller. You agree to our disclosure of your personal data to our authorised service providers and any and all relevant third parties as appropriate or where necessary. You understand that the data controller will manage and protect your personal data in accordance with all applicable data protection laws.
- You must, in addition to the above, comply with all applicable data protection laws and regulations at your own cost and expense, including, without limitation, by making reasonable security arrangements to prevent the unauthorised or accidental access, collection, use, disclosure, copying, modification, disposal or destruction of Personal Data.
- You must, at your cost and expense, promptly notify us of any actual, or suspected data breach relating to Personal Data, and provide us all reasonable assistance in relation to any investigations or requests made by individuals or Singapore government authorities relating to Personal Data.
- This section supplements and does not supersede any other consents you may have provided to us in respect of your personal data and does not affect any rights we have at law. If you provide Personal Data of a third party (e.g. information of your dependent, spouse, children and/or parents) to us, you represent and warrant that the consent of that third party has been obtained for the collection, use and disclosure of the personal data.
- You agree that AmazeWallet has the right to place various commercial advertisements or any other type of commercial information in the course of providing the Services in various ways (including but not limited to placing advertisements on our official website on the App), and you further agree to accept AmazeWallet’s sending of product promotions or other relevant commercial information to you via email or other means.
- Our Services are provided “as is” and without warranty of any kind from our part and you agree and acknowledge that the use and access of the Services will be entirely at your own risk. To the maximum extent permitted by law, we make no representations and warranties, express or implied, relating to the services and underlying software or any Content on the Services, whether provided or owned by us or by any third party, including without limitation, warranties of merchantability, fitness for a particular purpose, title, non-infringement, freedom from computer virus, and any implied warranties arising from course of dealing, course of performance, or usage in trade, all of which are expressly disclaimed. In addition, we do not represent or warrant that the Content accessible via the Services is accurate, complete, available, current, free of viruses or other harmful components, or that the results of using the Services will meet your requirements.
- Due to the limitation of currently available technologies and conditions, you understand and agree that AmazeWallet cannot warrant that the Services provided by it are free from any defect; however, AmazeWallet will continuously improve its service quality and level and use its best efforts to ensure the continuity and security of the Services. You agree to cooperate with AmazeWallet to solve any relevant defects. You further understand and agree that AmazeWallet makes no warranty, express or implied:
- that the Services and the operations of the App, the websites, software or systems operated by AmazeWallet will be uninterrupted, instant, safe and free from any error;
- that the Services will satisfy all of your requirements;
- that AmazeWallet will or is able to correct all defects or errors relating to the Services;
- that the Services will be compatible with any other hardware, software, system, service or data to be provided by AmazeWallet or you;
- that the Services will not be disrupted by any computer virus, Trojan or other malicious program or hijacking; or
- as to any other circumstance beyond the control of or unforeseeable by AmazeWallet.
- In connection to the above, you acknowledge that AmazeWallet needs to periodically or irregularly repair or maintain the Services, the App or related devices or equipment for the provision of the Services. You further understand and agree that AmazeWallet shall not be held liable for any interruption of any chargeable Services for a reasonable period of time due to such circumstances, but AmazeWallet shall endeavour to notify you in advance of any such repair or maintenance.
- Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from state to state.
LIMITATION OF LIABILITY
- Notwithstanding any other terms in this Agreement, you understand and agree that we have no control over, and no duty to take any action regarding:
- any failures, disruptions, errors, or delays in processing Digital Currency that you may experience while using the Services;
- the risk of failure of hardware, software, and Internet connections;
- the risk of malicious software being introduced or found in the software underlying AmazeWallet or any of our Services;
- the risk that third parties may obtain unauthorised access to information stored within your Wallet, including, but not limited to your Wallet address, private key, and mnemonic (backup) phrase; and
- the risk of unknown vulnerabilities in or unanticipated changes to the Connected Blockchains.
- Consequently, you agree and acknowledge that AmazeWallet shall not be liable for any and all related to any losses, damages, or claims arising from:
- your inability to use our Services, including without limitation as a result of any termination or suspension of our Services or these Terms, power outages, maintenance, defects, system failures, mistakes, omissions, errors, defects, viruses, delays in operation or transmission or any failure of performance;
- Force Majeure Event (as defined below at Section 21.3), communications failure, theft or other interruptions;
- user error such as forgotten passwords, incorrectly constructed transactions, or mistyped Digital Currency addresses;
- server failure or data loss;
- unauthorised access to the App and our Services (including but not limited to any unauthorized access, alteration, deletion, destruction, damage, loss or failure to store any data, including records, private key or other credentials, associated with our Services);
- bugs or other errors in the App and our Services; and
- any unauthorised third-party activities, including, but not limited to, the use of viruses, phishing, brute forcing, or other means of attack against the App and our Services. In this regard, we make no representations concerning any Third Party Content contained in or accessed through our Services. Any other terms, conditions, warranties, or representations associated with such content, are solely between you and such organisations and/or individuals. Accordingly, AmazeWallet does not assume any responsibility for such Third Party Content and shall in no event be liable for such services or product.
- To the fullest extent permitted by applicable law, in no event will we or any of our officers, directors, representatives, agents, servants, counsel, employees, consultants, lawyers, and other personnel authorised to act, acting, or purporting to act on our behalf (collectively the “Amaze Platform Parties”) be liable to you under contract, tort, strict liability, negligence, or any other legal or equitable theory, for:
- any loss of profits, loss of revenue, loss of opportunities or business, goodwill, cover, business interruption or punitive damages, data loss, cost of procurement of substitute goods or services, or direct, indirect, incidental, special, punitive, compensatory, or consequential damages, of liability of any kind whatsoever resulting from:
- your use of, or conduct in connection with, our Services;
- any unauthorised use of your Wallet address and/or private key due to your failure to maintain the confidentiality of your Wallet;
- any interruption or cessation of transmission to or from the Services;
- any bugs, viruses, trojan horses, or the like that are found in the AmazeWallet software, AmazeChain or that may be transmitted to or through our Services by any third party (regardless of the source of origination) or
- our decision to reject your application to open an account; or
- any direct damages in excess of (in the aggregate) of the greater of:
- fees paid to us for the applicable products; or
These limitations apply to all claims based on tort, strict liability, breach of contract, breach of warranty, or any other legal basis, and irrespective of whether we were advised on the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, and the above limitation of liability applies to you to the extent that it is allowed under the applicable law.
- Time Limitation: You acknowledge and agree that any claim you may have arising out of or related to your relationship with us must be made within one (1) year after such claim arises, failing which your claim in permanently barred and you are not allowed to make any claim against AmazeWallet on such matters.
- AmazeWallet and our Services rely on emerging blockchain technologies such as Ethereum and other Connected Blockchains. The user explicitly acknowledges and accepts the heightened risks involved with the use of emerging blockchain technologies, and in particular is made aware of the following types of risk.
- Market Risk: Digital Currencies are subject to high market volatility and price fluctuations. You acknowledge and agree that the value of Digital Currencies can increase or decrease rapidly, making them inherently risky. This could result in significant losses over a short period of time, potentially even leading to a complete loss of the funds invested.
- Regulatory Risk: Digital Currencies are a new and relatively untested digital commodity. As such, they may be exposed to significant regulatory changes, including but not limited to restrictions on use or possession, which could affect their value or even render them useless.
- Operational Risk: Transactions involving Digital Currencies cannot be reversed, and incorrect transfer instructions could result in the loss of your Digital Currencies. You are responsible for ensuring the accuracy of your transactions.
- Security Risk: While we implement security measures designed to secure your Digital Currencies from unauthorized access, use, or disclosure, we cannot guarantee that these measures will prevent any unauthorized use or theft of your Digital Currencies.
- Technological Risk: Blockchain technologies and associated currencies are subject to many risks, including but not limited to technological change, risks of mining attacks, and risks associated with the software or hardware used to interact with them.
- Liquidity Risk: Some Digital Currencies may have limited liquidity, making it difficult to buy or sell them. This could affect your ability to transact or dispose of such currencies.
- Risk of Forking: Blockchain technologies are subject to changes, updates, “forks,” and new versions, which could adversely affect the value and functionality of the Digital Currencies you hold.
- Legal Risk: Different jurisdictions may have laws and regulations that affect the use of Digital Currencies. You are responsible for understanding and complying with these laws.
- Tax Risk: Tax laws applicable to Digital Currencies are subject to change and interpretation. You are responsible for any taxes applicable to your digital currency transactions.
- Internet Transmission Risks: You acknowledge that there are risks associated with utilizing an Internet-based currency, including but not limited to the failure of hardware, software, and Internet connections. You acknowledge that we shall not be responsible for any communication failures, disruptions, errors, distortions, or delays you may experience when trading via the Services, however caused.
- To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless us from and against any and all claims, damages, obligations, Losses, liabilities, costs or debt, and expenses (including, but not limited to, attorney’s fees) arising from:
- your use of and access to the Services;
- any feedback or submissions you provide to us concerning our Services;
- your violation of any term of this Agreement;
- your violation of any law, rule, or regulation, or the rights of any third party; and
- a dispute between you and any of your customers or users.
- Subject to the limitations in Section 17 above, you will defend us, our affiliates, and their respective employees, officers, and directors against any third-party claim alleging that any of Your Content infringes or misappropriates that third party’s intellectual property rights, and will pay the amount of any adverse final judgment or settlement.
- Neither party will have obligations or liability under this section Indemnity arising from infringement by your combinations of the Services with any other product, service, software, data, content or method. In addition, we will have no obligations or liability arising from your use of the Services after we have notified you to discontinue such use. The remedies provided in this section are the sole and exclusive remedies for any third-party claims of infringement or misappropriation of intellectual property rights by the Services or by Your Content.
- You shall be liable for and shall indemnify, defend and hold us and our affiliates, employees, directors, agents and any other stakeholders (hereinafter collectively referred to as “Indemnified Parties”) harmless, from and against any and all claims made by third parties threatened, asserted or filed against any Indemnified Party arising out of this Agreement, and for all other claims (third party or otherwise), actions, proceedings and any Losses paid or incurred by any Indemnified Party that arise out of user’ breach of this Agreement, as well as with respect to Claims or Losses resulting from or relating to:
- any transaction, NFT creation, service processed under this Agreement; or
- any misrepresentation by, fraudulent or criminal activity of you.
This liability is not limited by any limitation in liability that may be expressed elsewhere in this Agreement.
- You acknowledge and agree that we shall have complete discretion to accept, dispute, compromise or otherwise deal with any claim made against us arising out of a transaction, Your Content, service, activities or otherwise in connection with this Agreement, and the decision of us will be binding on you and the End Users.
- You shall assist as it may require in the handling of any claims or actions brought against us by any other party. We shall be entitled to settle or otherwise deal with such claims or actions at our sole discretion.
- In no event will a party agree to any settlement of any claim that involves any commitment, other than the payment of money, without the written consent of the other party.
ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
- The parties agree to arbitrate any dispute arising from this Agreement or your use of the Services on an individual basis. Arbitration prevents you from suing in court or from having a jury trial. The parties hereby expressly waive trial by jury. The parties agree that: (a) the seat of arbitration shall be Singapore; and (b) the arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of Singapore International Arbitration Centre (the “SIAC Rules”) for arbitration of consumer-related disputes, in the English language, and with limited discovery. At your request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available to a court or other tribunal. The prevailing party in any action or proceeding to enforce these terms shall be entitled to costs and attorneys’ fees. The arbitral decision may be enforced in jurisdictions subject to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards or the applicable domestic laws of the relevant jurisdictions.
- You and we agree that each may bring claims against the other only on an individual basis, and not as a plaintiff or class member in any purported class or representative proceeding. You and we expressly waive any right to file a class action or seek relief on a class basis.
- ASSIGNMENT. You will not assign or otherwise transfer this Agreement or any of your rights and obligations under this Agreement, without AmazeWallet’s prior written consent. Any assignment or transfer in violation of this section will be void and invalid and AmazeWallet reserves the right to claim for any losses or damages it has suffered as a result of such transfer from you. We may assign this Agreement without your consent (a) in connection with a merger, acquisition or sale of all or substantially all of our assets, or (b) to any affiliate or as part of a corporate reorganisation. Upon the effect of such assignment, the assignee is deemed to substitute us as a party to this Agreement and we are fully released from all of our obligations and duties to perform under this Agreement. Subject to the foregoing, this Agreement will be binding upon, and inure to the benefit of the parties and their respective permitted successors and assigns.
- ENTIRE AGREEMENT AND MODIFICATIONS. This Agreement incorporates the Policies by reference and is the entire agreement and understanding between you and us regarding the subject matter of this Agreement. If the terms of this Agreement are inconsistent with the terms contained in any Policy, the terms contained in this Agreement shall prevail. Any modification to the terms of this Agreement may only be made in writing.
- FORCE MAJEURE. Neither party nor their respective affiliates will be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond such party’s reasonable control, including but not limited to acts of God, act of civil or military authorities, civil disturbance, war, strike or other labour dispute, fire, interruption in utilities, telecommunications or Internet services or network provider services, failure of equipment and/or software, cyber-attacks, earthquake, storms or other elements of nature, pandemics, blockages, embargoes, riots, acts or orders of government, acts of terrorism, other catastrophe, or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions (“Force Majeure Event”).
- EXPORT AND SANCTIONS COMPLIANCE. In connection with this Agreement, you will comply with all applicable import, re-import, sanctions, anti-boycott, export, and re-export control laws and regulations, including all such laws and regulations that may apply. For clarity, you are solely responsible for compliance related to the manner in which you choose to use the Services. You may not use any Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using the Service.
- NOTICE. We may provide any notice to you under this Agreement by: (i) posting a notice on the App; or (ii) sending a message to the email address associated with your account. The contact address, email address and/or other contact information provided by you to AmazeWallet shall be deemed to be your valid contact information. Since such notices may affect your rights and obligations under this Agreement or your use or access of the Services, you are responsible to, and to ensure that your end-user likewise, promptly check such notices issued by AmazeWallet. Notices we provide by posting on the App will be effective upon posting and notices we provide by email will be effective when we send the email. You will be deemed to have received any email sent to the email address as associated with your account when we send the email, whether or not you actually receive the email.
You agree to provide AmazeWallet with your true, accurate and valid contact information, and in case of any change in your contact information, you agree to promptly update such information with AmazeWallet from time to time. You shall be solely responsible for any and all consequences (including any loss or damage suffered by you or your end-user) arising from or as a result of any failure of AmazeWallet to deliver the relevant notice to you due to your failure to update AmazeWallet of any corresponding changes.
- LANGUAGE. All communications and notices made or given pursuant to this Agreement must be in the English language. If we provide a translation of the English language version of this Agreement, the English language version of the Agreement will prevail if there is any conflict or inconsistency.
To give us notice under this Agreement, you must contact us via email at email@example.com.
- NO THIRD-PARTY BENEFICIARIES. Except as otherwise provided herein, this Agreement does not create any third-party beneficiary rights in any individual or entity that is not a party to this Agreement. Consequently, a person who is not a party to this Agreement shall have no right to enforce any of the terms under this Agreement.
- NO WAIVERS. Our failure to exercise or delay in exercising any right, power, or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof. All waivers by us must be in writing to be effective.
- SEVERABILITY. If any portion of this Agreement is held to be invalid or unenforceable, that term will be deemed severable and the remaining portions of this Agreement will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from this Agreement and limited or eliminated to the minimum extent necessary but the rest of the Agreement will remain in full force and effect. The limitation or elimination of the term will not affect any other terms.
- GOVERNING LAW. No matter where you’re located, English law will govern these Terms and the parties’ relationship as if you signed these Terms in the United Kingdom. If any provisions of these Terms are inconsistent with any applicable law, those provisions will be superseded or modified only to the extent such provisions are inconsistent.
- QUESTIONS OR COMMENTS. We welcome comments, questions, concerns, or suggestions. Please send us a message on our contact page at firstname.lastname@example.org or via Discord, Facebook, Telegram, or Twitter.
“Account Information” means information about you that you provide to us in connection with the creation or administration of your Account. For example, Account Information includes names, usernames, phone numbers, email addresses and billing information associated with your Account.
“API” means an application program interface.
“Connected Blockchains” means the decentralised, peer-to-peer blockchain networks that may be connected to AmazeWallet which includes AmazeChain, Ethereum and Solona. Other than AmazeChain, the Connected Blockchains are supported by independent third party actors and are not in any way managed, controlled or associated with Amaze.
“Content” means software (including machine images), data, text, audio, video or images and any documentation we offer for the Services.
“DApp” means a decentralised blockchain application.
“Digital Currency” means any digital currency or asset (including any virtual currency or virtual commodity) which is a digital representation of value based on (or built on top of) a cryptographic protocol of a computer network; and “Supported Digital Currency” means those Digital Currencies supported by Amaze and the AmazeWallet.
“End User” means any individual or entity that directly or indirectly through another user: (a) accesses or uses Your Content; or (b) otherwise accesses or uses the Service Offerings under your account.
“Losses” means any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees).’
“Our Marks” means any trademarks, service marks, service or trade names, logos, and other designations of Amber Business Enterprise Limited and its affiliates or licensors that we may make available to you in connection with this Agreement.
“Service” means each of the services, including features, tools, materials, or services offered from time to time, including our network infrastructure, by our website located at amazewallet.com, amazechain.org and related mobile application: AmazeWallet (the App) and products.
“Service Offerings” means the Services (including associated APIs), our Content, Our Marks, and any other product or service provided by us under this Agreement. Service Offerings do not include Third Party Content or Third Party Services.
“Site” means our websites, including www.amazewallet.com and other websites to be launched to provide the Services.
“Suggestions” means all suggested improvements to the Service Offerings that you provide to us.
“Third Party Content” means Content made available to you by any third party on the App or in conjunction with the Services.
“Third Party Service Providers” means each of CoinGecko, Paxful, On-Ramper, Tokenview, OKLink, OpenSea, Uniswap, and any other third party provider engaged by Amaze from time to time.
“Third Party Services” mean the third party services outlined in clause 5.3 or any other third party service engaged by Amaze from time to time.
“Your Content” means content, data and information that you or any End User transfers to us for processing, storage or hosting by the Services in connection with the Account or the use of the Services and any computational results that you or any End User derive from the foregoing through their use of the Services. Your Content does not include Account Information.
Bolivia (Plurinational State of)
Central African Republic (the)
Iran (Islamic Republic of)
Korea (the Democratic People’s Republic of)
State of Puerto Rico
Syrian Arab Republic
United States of America
Venezuela (Bolivarian Republic of)
Virgin Islands (U.S.)