qPocket
Terms of
Service
Issued on November 17, 2018.
This qPocket Terms of Service (“Terms”) is made between you (“you” or “User”) and QUARKONIUM PTE. LTD.
(Unique Entity Number: 201811581M), a company incorporated in Singapore and
having its registered address at 9 Temasek Boulevard
#04-02 Suntec Tower Two Singapore 038989 (“Company”
or “we”) and is legally binding between you and Company.
Company hereby
reminds you that you must carefully read the full content of these Terms and
other documents mentioned in this Terms before using our mobile application “qPocket” (“qPocket”). In
particular, you must carefully read the sections which are displayed in bold or
capitalized in these Terms. You must make sure that you fully understand the
whole Terms and evaluate the risks of using qPocket
on your own.
1. You understand that these Terms and other relevant documents apply to qPocket and the Decentralized Applications (“DApps”) which
are developed and owned independently by Company on qPocket
(and excluding DApps developed by third parties).
2. After you download qPocket and start to register
for an account with us, create or import wallet, or access or use the services
provided by qPocket, you are deemed as having read
and accepted these Terms, which shall cause these Terms to become effective and
legally binding on both you and Company immediately. IF YOU DO NOT AGREE TO THE
TERMS IN THESE TERMS, YOU SHALL CEASE USAGE OF qPocket IMMEDIATELY AND
IF YOU HAVE DOWNLOADED qPocket, PROCEED TO DELETE QPOCKET IMMEDIATELY.
3. In accessing or using qPocket, you agree:
a. to be bound by the latest version of these Terms without variation or
modification; and
b. that in the jurisdiction to which you are subject, you are of legal age to
use qPocket or the legal age under the laws of the Republic
of Singapore (which higher) and to create binding legal and financial
obligations for any liability you may incur as a result of the use of qPocket.
4. Company may, at its sole discretion,
modify or replace these Terms at any time. The modified Terms will
automatically take effect once it is posted on qPocket
and you will not be notified separately. It’s your own responsibility to check
any modification of these Terms from time to time. Use of qPocket
by you after any modification to these Terms constitutes your acceptance of these
Terms as modified. If you do not agree with the modifications, you shall cease
to use qPocket immediately.
I.
Definition
5. Capitalized terms in these Terms shall have the following meanings:
5.1
qPocket: means this blockchain wallet developed by Company based on blockchain
systems and other supporting tools.
5.2
Create or Import Wallet: means your use of qPocket
to create or import wallet after your acceptance of these Terms.
5.3
Wallet Password: means the password when you create the wallet. The Wallet Password will
be used to encrypt and protect your Private Key.
5.4
Specific Users: means Users who should cooperate with Company and disclose Personal
Information in order to comply
with the laws, regulations and policies of Singapore and other countries/regions.
5.5
Private Key: consists of 256 random bits. Private Key is the
core for the User to hold and use the Tokens.
5.6
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.
5.7
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.
5.8
Keystore: means Private Key
or Mnemonic Words in the format of a file which is encrypted and protected by
the User’s Wallet Password. Keystore is stored only in your mobile device and
will not be synchronized to the Company’ servers.
5.9
Tokens: means the tokens
which are supported by qPocket currently, including
but not limited to ETH and so on. qPocket
may not support all existing tokens.
Do not use qPocket to handle any non-supported
tokens.
5.10 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 Password, Private Key, Mnemonic Words and
Keystore.
II.
Services
6. Company may provide the following services through qPocket
(“Services”):
6.1
Create or import wallet. You may use qPocket to create a new wallet or
import wallets generated by other wallet application. You may only import
wallets with Tokens which are supported by qPocket.
6.2
Transfer and receive Tokens. You may manage your digital Tokens by using qPocket,
i.e., you may revise the blockchain ledger by signing with your Private Key. The
actual delivery or transfer of Tokens happens on the relevant blockchain system
(rather than on qPocket). 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 qPocket, or identification
verification. Blockchain operations are
“irrevocable”. When you use qPocket 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).
6.3
Manage Tokens. You may use qPocket to add, manage or delete Tokens supported by qPocket.
6.4
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.
6.5
ICO Platform. To the extent permitted by the applicable law, a third party may
initially issue a new cryptocurrency token (“ICO”) on
ETH or Quarkchain as a fundraiser and you could subscribe
such cryptocurrency token as an investor. Please note that, certain countries or
regions may not allow ICO, therefore, if you are subject to the jurisdiction of
such countries or regions, you cannot and are forbidden to use this ICO
Platform service.
6.6
Browse and use DApps. You may use qPocket to visit and use the
services provided by DApps (including DApps developed by Company and DApps
developed by third parties).
6.7
Tokens Exchange. You may achieve digital Tokens exchange
through qPocket. qPocket does not participate in the transaction of
digital Tokens as a buyer or a seller, or provide any services relating to the
replenishment and withdrawal of the fiat currency of any country.
6.8
Observe the quotation and marketing
information. You may use qPocket
to observe the quotation of the Tokens and other marketing information.
6.9
Payment with Tokens. You may purchase assets online or offline
with Tokens through qPocket.
6.10 Benefit market. You may acquire various benefits
of living, entertainment or otherwise, or engage in relevant activities with Tokens
through qPocket.
6.11 Red packet with Tokens. You may use qPocket to create and send red
packet(s) with Tokens directionally after creating or importing wallet.
6.12 Advertisement targeting. You may use qPocket
to display your goods or services at the place determined by Company with compensation.
6.13 Other services that Company would like to provide.
7. In order to avoid (to the extent possible) any mishandling of qPocket or any risk to the security of your Tokens, you
shall not use qPocket 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 qPocket to such Users.
8. Change, suspension, restriction or termination
of Services.
8.1
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 qPocket is
deemed as your acceptance of these Terms and revisions of these Terms.
8.2
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):
a) maintenance, upgrading, failure of equipment and blockchain system and the
interruption of communications etc., which lead to the suspension of the
operation of qPocket;
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;
c) material adverse change of applicable laws or policies; or
d) any other event(s) which Company cannot control
or reasonably predict.
8.3
Company reserves the right to unilaterally
suspend or terminate all or part of the Services or any function of qPocket under the following circumstances:
a) death of Users;
b) if you steal others’ wallets information or mobile devices;
c) if you provide false Personal Information on qPocket;
d) if you refuse to allow mandatory update of qPocket;
e) if you use qPocket to commit illegal or criminal
activities;
f) if you hinder the normal use of qPocket by other
Users;
g) if you pretend to be staff or management personnel of Company;
h) if you threaten the normal operation of Company computer system by attack,
invasion, alternation or any other means;
i) if you use qPocket to send spam;
j) if you spread rumours which endanger the
goodwill of Company and qPocket; or
k) if you conduct any illegal activities,
breach these Terms etc. or other circumstances under which Company reasonably
considers necessary to suspend Services.
8.4
You are entitled to export your wallets
within a reasonable amount of time if Company changes, suspends or terminates
its Services.
9. Company may issue specific rules, announcements
or alerts with respect to the specific content and mode of the Services from
time to time. You shall comply with
these provisions while using relevant Services.
10.
Users who use the Services fully
acknowledge and accept that, you shall bear sole responsibility to take care of
your mobile devices, Wallet Password, Private Key, Mnemonic Words, Keystore and
other information. 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, disclosing
(whether actively or passively) or forgetting Wallet Password, Private Key, Mnemonic
Words or Keystore, or your wallet being attacked.
11.
Users who use the Services fully
acknowledge and accept that, 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:
a) store Users’ Wallet Password (the password Users set when creating or
importing wallets), Private Key, Mnemonic Words or Keystore;
b) recover Users’ Wallet Password, Private Key, Mnemonic Words or Keystore;
c) freeze the wallet;
d) report the loss of wallet;
e) recover the wallet; or
f) rollback transactions.
III.
Your Rights and
Obligations
12. Use of Services. You are entitled to use the Services
subject to the terms and conditions set forth in these Terms, including any
amendment, update or replacement thereof.
.
13. Identification verification. Specific Users will be asked to complete
identification verification before using qPocket to
comply with related laws and regulations, according to the notification of qPocket. 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. If
Company reasonably deems your operation or transactions to be abnormal, or
considers your identification to be doubtful, or Company considers it necessary
to verify your identification documents or other necessary documents, you shall
cooperate with Company and complete the identification verification in time.
14. Material. You undertake to
notify Company of any change in the documents and information provided by you to Company pursuant to these Terms or
the Company’s instructions and warrant that the documents and information
provided by you remain true, correct, and not misleading.
15. Compliance.
15.1 You understand that you shall abide by applicable laws, regulations and
policies when you use qPocket. You shall not use qPocket to commit illegal or criminal activities, for any unlawful purposes
or by any unlawful means.
15.2 You shall not use qPocket to commit any illegal
or unlawful activities, including but not limited to:
a) activities endangering national security of the country or area you reside
in, disclosing state secrets, overturning the government or undermining
national unity;
b) any illegal conducts, such as money laundering, illegal fund raising etc.;
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.;
d) providing gambling information or inducing others to engage in gambling;
e) invading into others’ qPocket wallets to steal
Tokens;
f)
engaging in any inaccurate or false
transactions with the counterparty;
g) committing any activities which harms or attempts to harm qPocket service system and data;
h) other activities which Company has reason to
believe are inappropriate.
15.3 You understand and accept that you shall be responsible for any violation
of law or for breach of these Terms by you and shall indemnify Company in full against
the losses, the third-party
claims or administrative penalties against Company incurred by such violation
or breach.
15.4 You understand and agree to comply with the alert(s) published by the
Company on qPocket. You shall be responsible for any
risks, liabilities, losses and expenses which result from your failure to comply with any alert(s).
16. Notifications. qPocket
may send notifications to you by 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.
17. Service fees and taxes.
17.1 When you use qPocket, the Company may charge you
certain service fees or handling fees. Please refer to the agreement with you
separately or the announced rules regarding service fees. 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 you fail to pay service fees.
17.2 You need to pay “gas” or network fees when you transfer Tokens, the amount
of which would be collected by the relevant blockchain network. 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.
17.3 You shall bear all the applicable taxes and other expenses occurred due to
your transactions on qPocket.
18. Versions. Company may
develop different versions of qPocket for different
terminal devices. You shall download
and install applicable version. You understand and accept that, if you download
and install qPocket or other application with the
same name as “qPocket” from any unauthorized third
party, Company cannot guarantee the normal operation or security of such
application and any loss caused by the failure of the normal operation or
security of such application shall be borne solely by you. A previous version of qPocket may 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.
IV.
Risks
19. 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 qPocket and may not represent the latest
or the best quotation of each Token.
20. If you or your counterparty fails to
comply with these Terms or fails to follow the instructions, tips or rules, 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 qPocket or third-party wallet, you understand that
transactions on blockchain are irreversible and irrevocable. You and your counterparty shall assume the
liabilities and consequences of your transactions.
21. When you use third-party-developed DApps in qPocket, Company strongly suggest you read the terms of
use, privacy policy, and other relevant documents and information of such
third-party-developed DApps
carefully, get familiar with the counterparty and the product information and
evaluate the risks before you make transactions on such DApps. 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.
22. 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 corresponding capacity for civil acts and decide
whether you shall transact with him/her.
23. 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.
24. If you lose your mobile device before you could write down or backup your
Wallet Password, Private Key, Mnemonic Words or Keystore, you may lose your
Tokens and Company will not be able to recover them. If your
Wallet Password, Private Key, Mnemonic Words or Keystore is disclosed or the
device which stores or holds your Wallet Password, Private Key, Mnemonic Words
or Keystore is hacked or attacked, you may lose your Tokens and Company will
not be able to recover them. Any and all
losses arising in connection with the foregoing shall be borne solely by you.
25. We suggest you backup your Wallet Password, Private Key, Mnemonic Words
and Keystore when you create or import wallet by writing them down on papers or
backup them in password management apps. Please do not use electronic methods
such as screenshots, e-mails, note-taking apps in cell
phones, text messages, WeChat or QQ to backup any of the foregoing information.
26. In order to avoid potential security
risks, we suggest you use qPocket in a secured network
environment. Please do not use a jailbreak or rooted mobile device.
27. Please be alert to frauds when you use qPocket. If you find any suspicious activity, we encourage you to inform us
immediately.
V.
Privacy Policy
28. Your privacy is of utmost importance for us. Please refer to qPocket Privacy Policy as updated by us from time to time for relevant privacy protection policies.
VI.
Disclaimer and
Limitation of Liability
29. You understand that qPocket 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. 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.
30. IN NO EVENT WILL WE, OUR SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS,
EMPLOYEES, REPRESENTATIVES, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOST PROFITS, REVENUE, GOODWILL, LOSS OF DIGITAL ASSETS, OR USER CONTENT)
HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION,
CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF ANY OF THE FOREGOING
PARTIES HAVE BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
31. IN NO EVENT WILL THE AGGREGATE LIABILITY OF US, OUR SUBSIDIARIES,
AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, PARTNERS, SUPPLIERS,
AND LICENSORS LIABILITY ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF: (A) $50, OR (B)
THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE IN THE TWELVE MONTHS
BEFORE YOUR CLAIM AROSE. THE FOREGOING LIMITATION APPLIES UNDER ANY THEORY OF
LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, NEGLIGENCE
OR OTHERWISE.
32. THESE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR
FAILS OF ITS ESSENTIAL PURPOSE.
33. Some jurisdictions do not allow the exclusion or limitation of incidental
or consequential damages. To the extent that you reside in a jurisdiction where
applicable law does not permit us to limit its liability to the extent set
forth in Section VI, then such limitations may not apply to you.
34. YOU ACKNOWLEDGE AND ACCEPT THAT, TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, QPOCKET IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL
FAULTS” BASIS. Company shall not be held liable for malfunction of qPocket which results from any of the following reasons:
a) system maintenance or upgrading of qPocket;
b) force majeure, such as typhoon, earthquake, flood, lightning or terrorist
attack etc.;
c) malfunction of your mobile device hardware and software, and failure of
telecommunication lines and power supply lines;
d) your improper, unauthorized or unrecognized use of the Services;
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.;
f) any other reasons not imputed to Company.
35. Company does not warrant that:
a) services provided by Company would satisfy all your needs;
b) all techniques, products, services, information or other materials from
Company would meet your expectations;
c) all the transaction information in digital Tokens markets captured from
the third party exchanges are prompt, accurate, complete, and reliable;
d) your counterparties on qPocket
will perform their obligations in the transaction agreements with you timely.
36. You acknowledge that qPocket 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.
37. You understand that we may change our entry standards, limit the range and
ways to provide services for specific Users at any time in accordance with
applicable laws and regulations.
VII.
Intellectual
Property Rights
38.
qPocket is an application developed and owned by Company. The intellectual
property rights of any contents displayed in qPocket
(including these Terms, 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 qPocket
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. These Terms 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.
VIII.
Miscellaneous
39. These Terms includes this qPocket Terms of Service, the qPocket Privacy Policy and other rules posted
by Company from time to time.
40. These Terms contains the entire agreement and the understanding between
you and us and supersedes all
prior agreements, understandings or arrangements (both oral and written) in
relation to the use of qPocket and the services in
connection thereto.
41. If any of part of these Terms is rendered void, illegal or unenforceable
by any legislation to which it is subject, it shall be rendered void, illegal
or unenforceable to that extent and no further and, for the avoidance of doubt,
the rest of these Terms shall continue to be valid and in full force and
effect.
42. The illegality, invalidity or unenforceability of any provision of these
Terms 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.
43. These Terms and its amendments shall be governed by, subject to, and
interpreted in accordance with the laws of the Republic of Singapore, without
regard to conflict of laws principles.
44. In the event of any dispute arising out of or in connection with these
Terms, the parties shall firstly attempt to resolve such dispute through
amicable negotiations in good faith. If the parties cannot reach an agreement,
either party may submit such dispute to a competent court of the Republic of Singapore.
45. You shall fully understand and conform to the laws, regulations and rules
in your jurisdictions which are relevant to use of the Services.
46. During your use of the Services, if you come across any problems, you can
contact us through the submission of your feedbacks on qPocket.
47. These Terms is accessible for all Users on qPocket.
We encourage you to read these Terms each
time you log onto qPocket.
48. These Terms shall become effective upon its
issuance.
49.
As for any issues not covered in these
Terms, you shall comply with the announcements and relevant rules as updated by
Company from time to time.
QUARKONIUM PTE. LTD.