Last Updated: May 22, 2018.
Thank you for choosing imToken. This imToken Terms of Service (“Agreement”) is made between you (“User”) and IMTOKEN PTE. LTD. (Company Registration Number: 201800958N), a company incorporated in Singapore and having its registered address at 9 Temasek Boulevard #04-02 Suntec Tower Two Singapore 038989 (“Company”) and is legally binding between you and Company. In this Agreement (a) “we” and “us” refer to the Company and “our” shall be construed accordingly; and (b) “you” refers to User and “your” shall be construed accordingly. Each of you and the Company shall hereinafter be referred to as a “Party”, and collectively, you and the Company shall hereinafter be referred to as the “Parties”.
Company hereby reminds you that you must carefully read the full content of this Agreement and other documents mentioned in this Agreement before using our mobile application “imToken” available on various mobile platforms including but not limited to Google Play and Apple App Store (“imToken” or “App”). In particular, you must carefully read the section of “Disclaimer and Limitation of Liability” and other sections which are displayed in bold in this Agreement. You must make sure that you fully understand the whole Agreement and evaluate the risks of using imToken on your own.
1.You understand that this Agreement and other relevant documents apply to imToken and the Decentralized Applications (“DApps”) which are developed and owned independently by Company on imToken (and excluding DApps developed by third parties).
2.After you download imToken and start to create, recover Identity (defined as below) or import wallet, you are deemed as having read and accepted this Agreement, which shall cause this Agreement to become effective and legally binding on both you and Company immediately. IF YOU DO NOT AGREE TO THE TERMS IN THIS AGREEMENT, YOU SHALL CEASE USAGE OF IMTOKEN IMMEDIATELY AND IF YOU HAVE DOWNLOADED IMTOKEN, PROCEED TO DELETE IMTOKEN IMMEDIATELY.
3.In accessing or using imToken, you agree:
4.Company may, at its sole discretion, modify or replace this Agreement at any time. The modified Agreement will automatically take effect once it is posted on imToken and you will not be notified separately. If you do not agree with the modifications, you shall cease to use imToken immediately. Use of imToken by you after any modification to this Agreement constitutes your acceptance of this Agreement as modified.
Users who use imToken acknowledges and accepts that:
1.Create or Import Wallet
2.Use of imToken
1.Company only undertakes obligations expressly set forth in this Agreement.
2.YOU ACKNOWLEDGE AND ACCEPT THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IMTOKEN IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. Company shall not be held liable for malfunction of imToken which results from any of the following reasons:
3.Company shall not be held liable due to any of the following circumstances:
4.Each User shall undertake the risks and consequences arising or in connection with the following :
5.You understand that imToken is only a management tool for Tokens which is incapable to control the quality, security and legitimacy of products and services provided by the third-party-developed DApps or Smart Contracts, or the authenticity and accuracy of their information and their capabilities to fulfill the obligations under the agreements with you. You, at your sole discretion, decide whether to transact on the third-party-developed DApps or Smart Contracts. You understand that such transactions and corresponding contractual relationship are between you and your counterparty, instead of the Company. We kindly remind you to carefully review the authenticity, legitimacy, and effectiveness of related information provided by the third-party-developed DApps and Smart Contracts before you decide to use the DApps or the Smart Contracts. In addition, you shall also assume all the risks arising from the transactions between you and any third party exchanges.
6.You acknowledge that imToken may provide services to you and your counterparty simultaneously or may have affiliation or other interest relationship with foregoing parties, and you agree to waive any actual or potential conflicts of interests and will not claim against Company on such base or burden Company with more responsibilities or duty of care.
7.Company does not warrant that:
8.In any case, the total liability for Company under this Agreement shall not exceed the greater of:
9.You are aware that imToken is only a tool for Users to manage their Tokens and to display transaction information. Company does not provide legal, tax or investment advice. You shall seek advice from professional legal, tax, and investment advisors. In addition, Company shall not be liable for any investment loss, data loss etc. during your use of our service.
10.You understand that we may change our entry standards, limit the range and ways to provide services for specific Users etc. at any time in accordance with applicable laws and regulations.
Subject to this Agreement, only you and no other person shall have the right to any claim against us in connection with use of the Services. You shall not assign, trade or transfer, or attempt to assign, trade or transfer, your right to any such claim. Any such assignment or transfer shall be void and shall not impose any obligation or liability on or against us to the assignee or transferee.
imToken is an application developed and owned by Company. The intellectual property rights of any contents displayed in imToken (including this Agreement, announcements, articles, videos, audios, images, archives, information, materials, trademarks or logos) are owned by Company or the third party licensors. Users can only use the imToken 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. This Agreement shall not entitle you to any intellectual property rights, including the rights in relation to the use, for any purpose, of any information, image, user interface, logos, trademarks, trade names, internet domain names or copyright in connection with us or the Services.
Any failure by us to enforce this Agreement or to assert any right(s), claim(s) or causes of action against you under this Agreement shall not be construed as a waiver of our right to assert any right(s), claim(s) or causes of action against you.
5.1 The use of Services shall be exclusive of all taxes that are applicable to, arising from, or in connection to your use of the Services in any jurisdiction (“Payable Tax”).
5.2 You shall be responsible for determining any Payable Tax and declaring, withholding, collecting, reporting and remitting the correct amount of Payable Tax to the appropriate tax authorities. You shall be solely liable for all penalties, claims, fines, punishments, or other liabilities arising from the non-fulfilment or non-performance to any extent of any of your obligations in relation to the Payable Tax.
5.3 We shall not be responsible for determining any Payable Tax and declaring, withholding, collecting, reporting and remitting the correct amount of Payable Tax to the appropriate tax authorities.
6.Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the Republic of Singapore.
In the event of any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, the Parties shall first seek settlement of that dispute. In the event that such dispute is not resolved within a period of 30 days from the commencement of such settlement process, such dispute shall be referred to and finally be resolved by arbitration in Singapore in accordance with the rules of the Singapore International Arbitration Centre (“SIAC”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The tribunal shall consist of a sole arbitrator to be appointed by the Chairman of the SIAC. The language of the arbitration shall be English. Each of the Parties irrevocably submits to the non-exclusive jurisdiction of the courts of Singapore to support and assist the arbitration process pursuant to the foregoing of this paragraph, including if necessary the grant of interlocutory relief pending the outcome of that process.
7.Contracts (Rights of Third Parties) Act The Contracts (Rights of Third Parties) Act (Chapter 53B) of Republic of Singapore, as may be modified, amended or supplemented from time to time, shall apply to this. A person who is not a Party shall not have any rights whatsoever under this Agreement or to enforce this Agreement.
8.Severance and Partial Invalidity
8.1 If any of part of this Agreement is rendered void, illegal or unenforceable by any legislation to which it is subject, it shall be rendered void, illegal or unenforceable to that extent and no further and, for the avoidance of doubt, the rest of this Agreement shall continue to be valid and in full force and effect.
8.2 The illegality, invalidity or unenforceability of any provision of this Agreement under the law of any jurisdiction shall not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of any other provision.
9.Translated versions of this Agreement
Translated versions of this Agreement (if any) are provided for the convenience of Users, and are not intended to revise the English version of this Agreement. If there is any discrepancy between the English version and non-English version of this Agreement, the English version shall prevail.
As for any issues not covered in this Agreement, you shall comply with the announcements and relevant rules as updated by Company from time to time.
IMTOKEN PTE. LTD.
(Company Registration Number:201800958N)
Last Updated: May 22, 2018.
(a) access or use our website and mobile applications (“Applications”) and services; and/or
(b) provide us with your Personal Information, regardless or the medium through which such Personal Information is provided.
The Company recommends that you shall carefully read and understand the whole contents of this Policy before your use of the Applications. Additionally, significant information including the Disclaimer is in bold form in this Policy. Definitions of key words in this Policy are consistent with those in the imToken Terms of Service of the Company. If there is any discrepancy between the definitions of any defined term used in this Policy and the imToken Terms of Service, the definition of any defined term used in this Policy shall prevail.
By providing us with your Personal Information, you consent to our collection, use, disclosure (including transfer) and processing of your Personal Information in accordance with this Policy. Please DO NOT provide any Personal Information to us if you do not accept this Policy.
The Company reserves the right to update this Policy online from time to time, without notice to you, and the revised Policy will come into effect and supersede the older versions once posted on our Applications. The revised Policy will apply to Personal Information provided to us previously. In particular, if you do not accept the revised Policy, please immediately stop your use of the Applications. Your continuous use of our Applications will be regarded as your acceptance of the revised policy.
You are entitled to control your Personal Information provided to imToken.
Name: Blue Yang
4.1 We will keep your Personal Information for so long as we need the Personal Information for our business and legal purposes.
4.2 We do not sell, trade or otherwise transfer your Personal Information to third parties without your consent.
4.3 If you have consented to our disclosure of your Personal Information to our strategic business partners and associates, we may disclose your Personal Information to them. They will use your Personal Information only for the purposes you have consented to.
4.4 You agree that we may disclose or share your Personal Information with third parties such as:
4.5 If we need to transfer your Personal Information to any country for the purposes set out above, we shall obtain your prior consent and ensure that the recipient of the Personal Information protects your Personal Information to the same level as we have committed to protecting your Personal Information. Where these countries or territories do not have personal data protection laws that are comparable to the laws applicable to our relationship with you, we will enter into legally enforceable agreements with the recipients…
4.6 The Company will not share with or transfer your Personal Information to any third party without your prior consent, except for the following circumstances:
The following special provisions apply to minors who are under the age of 18 years old:
As for any issues not covered in this Policy, you shall comply with the announcements and relevant rules as updated by the Company from time to time.
IMTOKEN PTE. LTD.
(Company Registration Number: 201800958N)