September 10th, 2024
You are about to use the OneKey application("OneKey App" or "OneKey" ). We’re excited for you! Before you get on, you need to carefully read, understand and accept our Terms of Use (the or these “Terms”).
This OneKey Terms of Service ("Agreement") is made between you ("User") and OneKey. 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 OneKey mobile application "OneKey" available on various mobile platforms including but not limited to Google Play and Apple App Store. 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 our services on your own.
Without any prejudice to the statement above, Company cannot assume any legal responsibility for the use of the OneKey App with any third-party firmware, software or services or for the use of the OneKey App that is not in compliance with the terms of its use, since such use (even if harmless) and its consequences are simply outside our control and sphere of influence.
BEFORE USING OUR SERVICES, PLEASE EDUCATE YOURSELF TO MAKE INFORMED DECISIONS. WE DO NOT PROVIDE FINANCIAL, TAX, OR LEGAL ADVICE. WE DO NOT EXCHANGE, SEND, OR RECEIVE CRYPTO ASSETS ON BEHALF OF USERS. WE DO NOT OFFER ADVICE OR RECOMMENDATIONS ON ENGAGING IN CRYPTO ASSET TRANSACTIONS OR OPERATIONS. DECISIONS TO ENGAGE IN TRANSACTIONS OR OPERATIONS INVOLVING CRYPTO ASSETS SHOULD BE MADE INDEPENDENTLY OR WITH THE ASSISTANCE OF YOUR OWN RELIABLE AND QUALIFIED EXPERTS.
I. Confirmation and Acceptance of this Agreement
- You understand that this Agreement and other relevant documents apply to the Onekey App which is developed and owned independently by the Company.
- Once you download OneKey App and begin to create or import a wallet(as defined below), it will be deemed that you have read and accepted this Agreement, making it immediately effective and legally binding on both you and the Company. SHOULD YOU DISAGREE WITH THE TERMS OF THIS AGREEMENT, YOU MUST IMMEDIATELY STOP USING ONEKEY APP AND, IF YOU HAVE DOWNLOADED ONEKEY APP, PLEASE IMMEDIATELY DELETE IT.
- As we continuously enhance our services, it may become necessary to modify or amend these Terms from time to time. While we will endeavor to notify you of such changes, it is your responsibility to regularly review the Terms available on our Website to determine the date of the most recent update (which is always indicated at the top of the Terms). By continuing to use our Services after becoming aware of any changes or amendments, you will be deemed to have accepted those modifications. Should you not accept these changes or amendments, you will no longer be entitled to access or use our Services.
II. Definition
- OneKey App: refers to the downloadable software application and online software interface developed and operated by ONEKEY LIMITED, with its registered office at RM 1517, 15F AMIATA INDUSTRIAL BUILDING, 58 LEI MUK ROAD, KWAI CHUNG, HONG KONG, and registration number: 3110648.
- Excluded Person: the excluded person, which includes without limitation: Terrorism and terrorist financing - Islamic State in Iraq and the Levant (Daesh), Al-Qaida, the Taliban, and associated individuals, groups, undertakings, and entities or entity designated by the United Arab Emirates ("Local Terrorism List"); and the financing of proliferation of weapons of mass destruction (WMDs) - Democratic People's Republic of Korea: nuclear-related, other weapons of mass destruction-related, and ballistic missile-related programs; Islamic Republic of Iran: nuclear program; and other sanction lists that may be promulgated by a Competent Authority, including but not limited to the United Nations Security Council, European Union, the Monetary Authority of Singapore, Hong Kong Monetary Authority, Hong Kong Customs and Excise Department, or Office of Foreign Asset Control. Please note we may update the list of Excluded Persons at any time.
- Wallet: means the blockchain address generated from a pair of your Public Key and Private Key.
- Digital Assets: means types of digital assets which can be transmitted with blockchain technologies. This includes cryptocurrencies as well as non-fungible tokens (“NFTs”).
- Beginner’s Guide: means the operation guide provided by the Company before you start to use OneKey App. This Beginner’s Guide would help you understand our products and services, the basic knowledge about blockchain. https://help.onekey.so/hc/en-us/articles/8455788447631-Get-started-OneKey-hardware-wallet
- Create or import wallet: means your use of OneKey App to create or import wallet after your acceptance of this Agreement.
- Wallet PIN Code: means the password determined by you when you create the wallet. The Wallet PIN Code will be used to encrypt and protect your Private Key. OneKey App will not store your Wallet PIN Code on our servers, nor will your Wallet PIN Code be stored in your own mobile devices. If you lose or forget your Wallet PIN Code, you will have to reset the Wallet PIN Code with your Private Key or Recovery Phrase.
- Alert: means the messages displayed on OneKey’s User Interface which provides suggestions for Users on subsequent operations.
- Developer Users: means Users who use services provided to Developers, such as OneKey Open Source Code and Developer mode etc., in accordance with notices of the Company and relevant Open Source License.
- Private Key: consists of 256 random bits. Private Key is the core for you to hold and use your digital assets.
- Public Key: means a critical piece of data derived from cryptography, used to authorize outgoing transactions on blockchain networks.
- Recovery Phrase: consists of 12 (or 15/18/21/24/25) 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.
- Keystore: means Private Key or Recovery Phrase in the format of a file which is encrypted and protected by the User’s Wallet PIN Code. Keystore is stored only in your mobile device and will not be synchronized to the Company’ s servers.
- Materials: means content in the columns of "Browse," "Market," etc., on the OneKey App. The Materials are proprietary properties of third parties. Users shall not reproduce or distribute the Materials without permission and authorization. The foregoing Materials are solely for your reference and shall not be considered as guidance or advice on your transactions provided by the Company.
- Notification Center: means the inbox where the Users may receive messages or notices from the Company.
- 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 PIN Code, Private Key, Recovery Phrase and Keystore.
- Smart Contract: smart contract is a self-executing program on a blockchain that automatically enforces and executes the terms of an agreement when predefined conditions are met.
- OneKey Open Source Code ("OneKey OSC"): means the partial software code of OneKey that the Company has publicized and made open-source. Users may use (include further development) such open source software code in accordance with relevant Open Source License and notices of the Company.
- Open Source License: means the third-party-developed open source license that shall be abided by Developer Users when using OneKey OSC.
- Third-Party Service: means the products and services provided by the third parties such as third-party-developed DApp, third-party-developed Smart Contract, third-party-developed Open Source License, third-party-developed crypto currency hardware wallet, third-party-developed webpage, and third-party-developed exchanges etc.
III. OneKey Services (collectively, the "Services")
- Create a Wallet. You may use the "Create a Wallet" button on OneKey App to create or recover your Identity and manage multi-blockchain wallets under one Identity.
- Import wallet. You may use OneKey App to create a new wallet or import wallets generated by other wallet applications. You may only import wallets with Digital Assets which are supported by us.
- Transfer and receive Digital Assets. You may manage your Digital Assets by using the transfer and receipt functionalities of OneKey App, i.e., you may revise the blockchain ledger by signing with your Private Key. Transfer of Digital Assets means the payer’s transfer of the Digital Assets to the ENS domain or blockchain address of the payee. Such "transfer" of Digital Assets involves a validated record of such transaction on the distributed ledger of the relevant blockchain system (rather than an actual delivery or transfer of digital assets on OneKey App).
- Observe the quotation. You may use OneKey App to observe the quotation of the Digital Assets provided by third parties. The quotation of each Token is captured by OneKey from the corresponding exchange and is displayed in the "Market" sector on OneKey.
- Manage Digital Assets. You may utilize the OneKey App to add, manage, or delete digital assets supported within the OneKey App interface.
- Third Party Service Provider. You may exchange digital assets with third parties using third-party service providers. It serves as an interface for users to interact with these providers and displays the relevant exchange results. It includes earn, swap and bridge services.
- Browse DApps. Users may use OneKey to visit and use the services provided by Third Party Service providers.
- Search DApps. Users may use the search box on OneKey to search DApps.
- Utilization without Password. Users may use the function of Payment without Password of OneKey. The Payment without Password function stores Users’ Wallet PIN Code in the Keychain/Keystore of Users’ mobile devices via secure encryption algorithm. Users’ biological identification (Touch ID or Face ID) and authentication are called when conducting transactions, in order to quickly complete payment and signature.
- Developer mode. For the convenience of Developer Users, they may access any websites and any third-party-developed DApps not integrated on OneKey by entering the URL in the search box under the Developer mode. OneKey shall not be liable for any loss resulting from the use of developer mode.
- Transaction records. We will copy all or part of your transaction records from the blockchain. However, Users shall refer to the blockchain for the latest transaction records.
- Suspension of service. You understand that we are not able to reverse or cancel the transaction because transactions based on blockchain technologies are irrevocable. However, under certain circumstances, we may suspend or limit the function of OneKey used by a particular User.
- Other services that the Company may provide in the future.
Users who use OneKey acknowledges and accepts that:
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In order to keep the decentralization feature of blockchain and to protect the security of your digital assets, Company offers decentralized service which is largely different from the traditional banking and financial institutions. Users acknowledge and accept that the Company SHALL NOT have any responsibility to :
- a) store Users’ Wallet PIN Code (the password Users set when creating or importing wallets), Private Key, Passphrase, Recovery Phrase or Keystore;
- b) recover Users’ Wallet PIN Code, Private Key, Passphrase, Recovery Phrase or Keystore;
- c) freeze the wallet;
- d) report the loss of wallet;
- e) recover the wallet; or
- f) roll back transactions.
- You shall bear sole responsibility for taking care of your devices, backing up the data in the OneKey App, and backing up the Wallet PIN Code, Recovery Phrase, Private Key, and Keystore. In the event that: your mobile device is lost, your OneKey App or your wallet is deleted and not backed up, your wallet is stolen or you forget your Wallet PIN Code, Private Key, Recovery Phrase, Recoveryphrase or Keystore, the Company will not be able to recover the wallet or recover Wallet PIN Code, Private Key, Recovery Phrase or Keystore. The Company may not be able to revoke transactions for the misconduct of Users and the Company shall not be responsible in any way in respect of the same.
- When you use the function of Payment without Password of OneKey, please properly back up the Wallet PIN Code. After multiple failed attempts to verify your Touch ID or Face ID, you will need to input your Wallet PIN Code. If you forget the Wallet PIN Code, you need to import Recovery Phrase/Private Key and set a new Wallet PIN Code. Company does not store your biological information such as your Touch ID or Face ID information, and the Company shall not be responsible in any way for the same.
- OneKey supports most ERC-20 tokens, fungible tokens created using the Ethereum blockchain, multichain tokens including chains like Polygon, Optimism, Arbitrum, zkSync, Binance Smart Chain, full list: https://help.onekey.so/hc/en-us/articles/9591255506959-Supported-Coins-Tokens staked tokens, liquidity pools, rewards, debts, and other DeFi positions, multichain NFTs.
- The DApps integrated into OneKey include those developed independently by Company and those developed by third parties.OneKey does not offer any guarantees regarding the functions or service quality of third-party-developed DApps. Users shall, at their sole discretion, decide whether there are any risks in accepting the services provided by, or conducting transactions on, these third-party-developed DApps.
- OneKey does not provide any guarantees regarding the functions or service quality of third-party-developed hardware wallets, nor does OneKey guarantee compatibility with any particular type or version of hardware wallet (please refer to the Company's notifications, which may be updated from time to time). Before using a third-party-developed hardware wallet, users shall, at their sole discretion, assess and decide on the risks associated with such hardware wallets. Users are advised to carefully read and agree to the terms of use and other relevant conditions of such hardware wallets, as they may be updated from time to time.
- If users access any websites or third-party-developed DApps not integrated with OneKey by entering the URL under developer mode, they must understand the security risks associated with those websites and third-party-developed DApps linked through such URLs and assume all risks and consequences independently.
IV. Rights and Obligations
1. Create or Import Wallet
- a) Create or import wallet: you are entitled to use OneKey on your mobile App, Desktop or Extension to create and/or import wallet, set Wallet PIN Code and use your wallet on OneKey to transfer and receive Digital Assets.
- b) The Company may develop different versions of OneKey App for different terminal devices. You should stay informed about version updates and download the latest applicable version. If you download and install OneKey or another application with the same name as 'OneKey' from any unauthorized third party, the Company cannot guarantee the normal operation or security of such applications. The previous version of the OneKey App may become unusable if not updated after a new version is released. The Company cannot guarantee the security, continuous operation, or customer service for any older versions. Therefore, users are advised to download and use the latest version.
2. Use of OneKey
- a) You shall bear sole responsibility to take care of your mobile devices, Wallet PIN Code, Private Key, Recovery Phrase, Passphrase and Keystore. Company does not store or hold the above information for Users. You shall be solely responsible for any risks, liabilities, losses and expenses which result from frauds, you losing your mobile device or disclosing (whether intentionally or unintentionally) or forgetting Wallet PIN Code, Private Key, Recovery Phrase, Passphrase or Keystore, or your wallet being attacked.
- b) You understand and agree to comply with the Alert(s) published by the Company on OneKey App. You shall be responsible for any risks, liabilities, losses and expenses which result from your failure to comply with any Alert(s).
- c) You shall carefully assess and assume all risks associated with using OneKey App to access any Third Party Services.
- d) Provision of Information and Documents. If the Company, in its sole discretion, determines that it is necessary to obtain certain information about the User to comply with any applicable law or regulation related to the use or operation of OneKey App, the User shall promptly provide such information upon the Company's request. The User acknowledges and agrees that the Company may restrict, suspend, or terminate the User's access to App until the requested information is provided to the Company’s satisfaction. The User further undertakes to notify the Company of any changes to the documents and information previously provided under this Agreement. In the absence of any written notification of changes, the Company is entitled to assume that the documents and information provided by the User remain true, accurate, not misleading, and unchanged.
- e) Complete Identification Verification. If the Company reasonably deems your activities or transactions to be suspicious or considers it necessary to verify your identification documents or other required documents, you shall cooperate with the Company and promptly provide valid identification documents or other necessary documents to complete the identification verification.
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f) Transfer of Digital Assets
- You understand that you may be subject to daily limits on the amount and times of transfers according to your location, regulatory requirements, transferring purposes, risk control by the Company, or identification verification.
- You understand that blockchain protocol is "irrevocable". When you use OneKey to transfer digital assets, you shall be solely responsible for the consequences of your misconduct of the transfer (including but not limited to wrong address, problems of the node servers selected by you).
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You understand that the following reasons may result in a "transfer failed" or "mining overtime" prompt:
- insufficient balance in wallet;
- insufficient gas for transaction;
- blockchain’s failure to execute the code of smart contracts;
- technical failure of the network or equipment;
- abandoned transactions result from blockchain network congestion or failure;
- the wallet address of yours or your counterparty’s is identified as suspicious addresses, such as high-risk addresses.
- You understand that OneKey App is only a tool for transfer of Digital Assets and 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.
- g) Amount Limitation. you understand that the limits on the amounts users may exchange per day via any third-party service providers are subject to the limitations set by their smart contracts. The Company may also set and adjust these limits from time to time.
- h) You understand that you shall abide by applicable laws, regulations and policies when you use OneKey.
- i) OneKey may send notifications to you by web announcements, e-mails, text messages, phone calls, Notification Centre information, popup notifications (e.g., information about your transfer or suggestions on certain activities) which you shall be aware of timely.
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j) Service fees and taxes.
- When you use Third Party developed services, they may charge handling fees and/or service fees from you, which shall be subject to the fees collected by their developed Smart Contracts, and the relevant information displayed on OneKeyis merely for your reference;
- You need to pay "gas" or "network fees" when you transfer digital assets, the amount of which would be on your sole discretion and would be collected by the relevant blockchain network;
- You understand that your transfer of digital assets may fail under certain circumstances, including but not limited to insufficient "gas" or "network fees" paid by you for the transfer of digital assets 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;
- You shall bear all the applicable taxes and other expenses due to your transactions on OneKey App.
3. Developer Users’ Development Based on OneKey OSC
- a) Developer Users are entitled to use officially publicized OneKey OSC, conduct further development of programs, and download and use any patches or vulnerabilities solutions regarding OneKey.
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b) When using OneKey OSC, Developer Users acknowledge and agree that:
- if Developer Users find any vulnerabilities, defects or software improvement solutions when using OneKey OSC, Developer Users shall promptly contact and inform the Company and discontinue any harmful use behavior (if applicable);
- OneKey OSC may contain third-party-developed Open Source License and source code and the Company does not provide any guarantee for functions, non-existence of virus or vulnerabilities etc of such third-party-developed Open Source License and source code. Developer Users shall, at their sole discretion, decide the consequences of using OneKey OSC. Developer Users shall carefully read and then agree with relevant Open Source License (including without limitation, Apache’s Open Source License: http://www.apache.org/licenses/LICENSE-2.0.html) and notices of the Company updated from time to time.
V. Risks
- Blockchain technologies and related services are continuously subject to regulatory changes and scrutiny worldwide. You acknowledge that certain Services, including their availability, may be affected by various regulatory requirements.
- You understand that certain technologies supported or made available through the Services are new, untested, and not provided by the Company, and are therefore beyond the Company's control. Advances in cryptography or other technical advancements, such as the development of quantum computers, could pose risks to blockchain networks, potentially resulting in the theft or loss of Digital Assets. Additionally, other adverse changes in market forces or broadly construed technological developments may impede or compromise the Company's ability to perform under these Terms.
- Transactions involving Digital Assets, or more broadly, events related to Digital Assets such as swap, air-drops, and gains from staking, may constitute taxable events under the tax laws applicable to you. These regulations may be ambiguous or subject to change, and it is recommended that you seek advice from your own tax or accounting advisor before participating in Digital Assets activities.
- You acknowledge that certain technologies supported or made available through the Services are new, untested, and not provided by the Company, and therefore beyond the Company's control. Advances in cryptography or other technical developments, such as the emergence of quantum computers, may pose risks to blockchain networks that could lead to the theft or loss of Digital Assets. Additionally, adverse changes in market conditions or in technology, may hinder or impair the Company's ability to fulfill its obligations under these Terms.
- Hackers or other groups or organizations may attempt to interfere with the Company’s products and information systems through various methods, including but not limited to denial of service attacks, side-channel attacks, spoofing, smurfing, malware attacks, and consensus-based attacks.
- All transactions initiated through the Services are confirmed and recorded on blockchain networks, which are decentralized peer-to-peer systems managed by independent third parties not owned, controlled, or operated by the Company. Consequently, we cannot guarantee that transactions broadcast through the Services will be confirmed and processed. You acknowledge that the Company does not store, send, or receive Digital Assets on your behalf. You agree that transactions configured through the Services may fail or experience significant delays due to the nature of blockchain networks. Occasionally, changes in the blockchain protocol of a specific Digital Asset may affect its fundamental characteristics, such as availability, name, security, valuation, or operational functionality. Forks in the blockchain may cause forked Digital Assets to be misdirected or duplicated. In such cases, the Company reserves the right, at its discretion, to suspend support for the affected Digital Asset as necessary. While we will endeavor to provide advance notice of such decisions, it may not always be possible. It is your responsibility to stay informed about these events and make the necessary arrangements.
- The Company operates non-custodial services, meaning we do not store or have access to your Digital Assets or Private Keys. The Company does not have access to or store your passwords, Recovery Phrases, Passphrase or Private Keys, passphrases, transaction history, PIN, or other credentials associated with your use of the Services. Unless you subscribe to a third-party recovery service, no one can assist you in retrieving wallet access. You are solely responsible for remembering, storing, and keeping your credentials secure and away from prying eyes. Any third party with knowledge of your Recovery Phrase or PIN can gain control of the Private Keys associated with your device or the 24-word Recovery Phrase, and therefore steal your Digital Assets, with no possibility of retrieval by you or the Company.
- There may be unforeseen or unlisted risks associated with these Terms. Prior to using the Services, you are strongly advised to carefully evaluate whether your financial situation and risk tolerance are suited for such activities. For clarity, and without limiting the general scope of the Limitation of Liability stated in these Terms, you acknowledge that the Company will not be liable for any losses resulting from the risks mentioned in this section or from your failure to adhere to the recommendations provided.
VI. Change, Suspension, Termination of Company Service
- You acknowledge and accept that the 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 update our Services, your continued use of OneKey is considered acceptance of this Agreement and its revisions.
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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, upgrades, equipment or blockchain system failures, and communication disruptions, resulting in the temporary suspension of OneKey's functionality;
- 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 modification of applicable laws or policies; or
- d) any other event(s) which Company cannot control or reasonably predict.
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Company reserves the right to unilaterally suspend or terminate all or part of the Services or any function of OneKey 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 OneKey;
- d) if you refuse to allow mandatory update of OneKey;
- e) if you use OneKey OSC in breach of third-party-developed Open Source License or notices of the Company;
- f) if you use OneKey to engage in illegal or criminal activities;
- g) if you hinder the normal use of OneKey by other Users;
- h) if you pretend to be staff or management personnel of Company;
- i) if you compromise the normal functioning of the Company's computer system through attacks, intrusions, alterations, or other means;
- j) if you use OneKey to send spam; or
- k) if you spread rumors which endanger the goodwill of Company and OneKey;
- l) if you conduct any illegal activities, breach this Agreement etc. or other circumstances under which the Company reasonably considers necessary to suspend Services.
- You are entitled to export your wallets within a reasonable amount of time if the Company changes, suspends or terminates its Services.
VII. Your Representations and Warranties
- You warrant that you possess full legal capacity to enter into and comply with this Agreement. You agree to use platform services in accordance with all applicable laws, regulations, and protocols. Changes in local laws require your adherence, and you agree not to use platform services in violation thereof. You are responsible for any taxes and fees related to changes in your platform service account balance, and you acknowledge that the Company has no obligation to oversee this. Violation of these terms may result in refusing service to you without assuming liability. If you have limited legal capacity, you must have parental supervision to use the platform, or the Company may suspend or close your account within the limits permitted by law or regulations.
- You shall not be an Excluded Person who can’t use the Company's Services.
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You shall not use OneKey to engage in 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 fundraising 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.;
- e) invading into others’ OneKey wallets to steal Digital Assets;
- g) committing any activities which harms or attempts to harm OneKey’s service system and data;
- h) other activities deemed inappropriate by the Company.
- You understand and accept that you shall be responsible for any violation of law or regulations (including but not limited to the customs and/or tax regulations) or for breach of this Agreement by you and shall indemnify Company against the losses, the third-party claims or administrative penalties against Company incurred by such violation or breach, including reasonable attorney’s fees.
- You confirm that you will pay the service fees charged by the Company in time (if applicable). Company reserves the right to suspend the services when the User fails to pay service fees (if applicable).
VIII. Privacy Policy
Any personal data or information which you provide to us is also subject to our privacy policy ("OneKey Privacy Policy"), which is incorporated by reference into this Agreement. https://help.onekey.so/hc/en-us/articles/360002003315-Privacy-Policy
IX. Disclaimer and Limitation of Liability
1. Company only undertakes obligations expressly set forth in this Agreement.
2. YOU ACKNOWLEDGE AND ACCEPT THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OneKey IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. Company shall not be held liable for malfunction of OneKey or OneKey Device which results from any of the following reasons:
- a) Maintenance or upgrading of the OneKey system;
- b) Force majeure events, such as typhoons, earthquakes, floods, lightning, or terrorist attacks, among others;
- c) Malfunction of your mobile device hardware and software, and failure of telecommunication lines and power supply lines;
- d) Improper, unauthorized, or unrecognized use of the Services;
- e) Computer viruses, Trojan horses, malicious program attacks, network congestion, system instability, system or equipment failures, telecommunication failures, power failures, banking issues, government actions, and so on;
- f) Any other reasons not attributable to the Company.
3. Company shall not be held liable due to any of the following circumstances:
- a) you losing your Device, or deleting OneKey applications and wallets without back-up, forgetting Wallet PIN Codes, Private Keys, Recovery Phrase, Keystores without back-up, which result in the loss of such User’s Digital Assets;
- b) Disclosing your Wallet PIN Codes, Private Keys, Recovery Phrase, Keystores, or lending or transferring your OneKey wallets to others, or authorizing individual to use your mobile devices or OneKey wallets, or downloading OneKey applications through unofficial channels, or using OneKey applications by other insecure means, which result in the loss of your Digital Assets;
- c) you misconducting OneKey and Device(including but not limited to wrong address, failure of the node servers selected by you) , which result in the loss of Digital Assets;
- d) If the blockchain is unstable, transaction records may be delayed or missing.
4. You shall undertake the risks and consequences arising or in connection with the following:
- a) any losses by using Third-Party Services;
- b) the use of developer mode; and
5. You understand that OneKey is only a management tool for Digital Assets Which is incapable of controlling the quality, security and legitimacy of the Third-Party Service, or the authenticity and accuracy of their information and their capabilities to fulfill the obligations under the agreements with you. You, at your sole discretion, decide whether to use the Third-Party Service or not. You understand that such transactions and corresponding contractual relationships are between you and your counterparty, instead of the Company. We kindly remind you to carefully review the authenticity, legitimacy, and effectiveness of related information provided by Third-Party Service before you decide to use them. In addition, you shall also assume all the risks arising from the transactions between you and any third-party-developed exchanges.
6. Company does not warrant that:
- services provided by Company would satisfy all your needs;
- all techniques, products, services, information or other materials from Company would meet your expectations;
- all the transaction information about Digital Assets collected from the third party exchanges are prompt, accurate, complete, and reliable;
X. Miscellaneous
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No Assignment
Subject to this Agreement, only you and no other person shall have the right to any claim against us in connection with use of the Services. You shall not assign, trade or transfer, or attempt to assign, trade or transfer, your right to any such claim. Any such assignment or transfer shall be void and shall not impose any obligation or liability on or against us to the assignee or transferee.
- Intellectual Property Rights
OneKey is an application developed and owned by the Company. The intellectual property rights of any contents displayed in OneKey (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 OneKey applications and its contents for the purpose of holding and managing their assets. In particular, without prior written consent (or permit from relevant Open Source License) from the Company or the third-party licensors, no one shall use, modify, decompile, reproduce, publicly disseminate, alter, distribute, issue or publicly publish the above mentioned applications and contents (including OneKey OSC). This Agreement shall not entitle you to any intellectual property rights, including the rights in relation to the use, for any purpose, of any information, image, user interface, logos, trademarks, trade names, internet domain names or copyright in connection with us or the Services.
- No Waiver
Any failure by us to enforce this Agreement or to assert any right(s), claim(s) or causes of action against you under this Agreement shall not be construed as a waiver of our right to assert any right(s), claim(s) or causes of action against you.
- Entire Agreement
This Agreement includes the OneKey App user agreement, OneKey Privacy Policy, and other rules (including contents in the "Support" column) posted by the Company from time to time.
Save for OneKey App user agreement, OneKey Privacy Policy which are incorporated in this Agreement, this Agreement contains the entire agreement and the understanding between us and supersedes all prior agreements, understandings or arrangements (both oral and written) in relation to the use of OneKey and the services in connection thereto.
- Taxes
1. 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.
2. 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.
XI. Others
- You shall fully understand and conform to the laws, regulations and rules in your jurisdictions which are relevant to use of the Services.
- For any issues not mentioned in this Agreement, you shall comply with the announcements and relevant rules as updated by the Company from time to time.
- If you have any questions about this Agreement, can contact our customer services or legal@onekey.so.