VeChainThor Wallet User Service Agreement
Thank you for choosing the VeChainThor Wallet (hereinafter referred to as the ‘Wallet’). In order to receive a better service from the Wallet, please read VeChainThor Wallet User Service Agreement (hereinafter referred to as this ‘Agreement’) in details. This Agreement is signed by and between VeChain Technology SEA PTE.LTD (hereinafter referred to as the ‘Company’) and the User. Both parties are bound by this Agreement. In this Agreement, ‘we’ and ‘us’ refer to the Company and ‘you’ refers to the User. 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’.
Please be sure to read carefully and fully understand the contents of this Agreement, especially the terms of exemption or limitation of liability, governing law and dispute resolution. The terms of exemption or limitation of liability will be marked in bold and underlined, which you should fully understand and evaluate the risks of using the Wallet.
When you fill in the information, read and agree to this Agreement and complete the creation or import of wallet according to the information notice of the Wallet, it means that you have read, understood, accepted and abided by this Agreement and reached an agreement with us as the User of the Wallet. In the course of reading this Agreement, if you do not agree to this Agreement or any of its terms, you should immediately stop the registration or use the Wallet and related services. If you use the Wallet and related services, you are deemed to have fully understanding of this Agreement and promised to be bound by this Agreement as a party.
ARTICLE I. THE CONFIRMATION AND ACCEPTANCE OF THIS AGREEMENT
ARTICLE II. DEFINITION
ARTICLE III. SERVICE CONTENT
ARTICLE IV. SERVICE RULES
（1） Store your Wallet Password (the password you set when you create/import a wallet), Private Key, Mnemonic Words and Keystore;
（2） Recover your Wallet Password, Private Key, Mnemonic Words and Keystore;
（3） Freeze, restore or report the loss of your wallet;
（4） Rollback transaction.
ARTICLE V. THE RIGHTS AND OBLIGATIONS OF USERS
SECTION I. Create or Import Wallet
SECTTION II. USE OF VECHAINTHOR WALLET
（1） You understand that Blockchain operations are ‘irrevocable’. When you use the Wallet to transfer digital tokens or trade collections, you shall be responsible for the consequence of your mishandling (including but not limited to the wrong address or transfer amount inputted by you and the problem of the node server selected by you).
（2） You understand that the following situations may result in ‘transaction failure’ or ‘mining overtime’ when using the Wallet:
1) Insufficient balance in the Wallet;
2) Insufficient Gas for transaction;
3) Blockchain’s failure to execute the code of smart contracts;
4) Technical failure of the network or equipment;
5) Abandoned transactions result from blockchain network congestion, failure or other reasons;
（1） You need to pay gas fee when you transfer digital tokens through the Wallet, and the amount of which is on your sole discretion. 30% of the gas fee is charged pro rata by the bookkeeping node in the VeChainThor Blockchain, and the remaining part is automatically destroyed;
（2） You understand that under certain circumstances, including but not limited to the instability of relevant blockchain network, your transfer operation may fail, but you may still be charged gas fee by certain blockchain system.
ARTICLE VI. RISK WARNING
ARTICLE VII. CHANGE, SUSENSION, TERMINATION OF SERVICE
（1） Technical reasons such as maintenance, upgrading, failure of equipment and the VechainThor Blockchain system;
（2） Force majeure events including but not limited to earthquake, tsunami, flood, power outrage, war or terrorist attack;
（3） Viruses, Trojan horse, malicious program attacks, network congestion, system instability or equipment failure, communications failure, power failure, bank reasons, third-party service defects, or government behaviors;
（4） Material unfavorable change of applicable laws or policies;
（5） Other circumstances which the Company cannot control or reasonably predict.
It means that you trust our way to process your information when you accept to use our service. We understand that this is a big responsibility and we work hard to protect your information and put you in control.
ARTICLE IX. GUARANTEE DISCLAIMER, DISCLAIMER AND LIMITATION OF LIABILITY
(1) We do not guarantee the orderliness, stability and long-term survival of the digital token market. You should be cautious in the trading of digital tokens (and any other assets) and fully understand all the actual or potential risks that may exist in each digital token and its issuing company. All losses caused by the real-time fluctuations of price of digital tokens, and the suspension, prohibition or any other restriction of digital token transactions due to the formulation or revision of relevant national laws, regulations and regulatory documents, shall be borne by the User.
(2) Unless expressly agreed by us in writing, we will not guarantee the authenticity, accuracy, completeness, reliability, validity, timeliness and legality of any content, information and data obtained by the User from the Wallet in any way, including but not limited to the User’s physical or non-physical asset information, physical or non-physical assets transfer request information, project promotion information, advertisement information, etc. We shall not bear any responsibility for any transaction or acquisition of any product or service (including but not limited to the transfer of physical or non-physical assets) made by the User based on such content, information or data in the Wallet. The User shall bear all risks and losses caused by the use of the content, information and data in the Wallet.
(3) As a third-party blockchain network service platform, the Wallet does not guarantee that the information and services on the Wallet platform can fully meet the needs of the User. We do not bear any legal responsibility for incidents such as fraud or deceit that may be encountered by the User when accepting services of the Wallet.
(4) Based on the particularity of the blockchain and digital tokens, although we do our best to improve the quality of service of the product, we do not guarantee that the Wallet service will not be interrupted. We do not guarantee the timeliness and security of the Wallet services, including but not limited to whether the transaction information can be transmitted accurately, timely and smoothly.
(5) We do not guarantee any physical or non-physical asset trading services or trading processes acquired by the User in the Wallet. You understand and acknowledge that the operations on the blockchain are ‘irreversible’ and that related transactions are also ‘irreversible’. You and your counterparties of the transaction shall bear the corresponding risks and losses. If you or your counterparties of the transaction does not comply with this Agreement or any other rules, instructions, operation instructions in the Wallet, we reserve the right to refuse to provide services to you and your counterparties. And we are exempt from any legal liability including damages.
（1） Loss of digital tokens due to loss of mobile devices, deletion of the Wallet without back-up, or loss of wallet by theft, or oblivion of Wallet Passwords, Private Key, Mnemonic Words and Keystore by the User;
（2） Loss of digital tokens due to the User’s disclosure of Wallet Password, Private Key, Mnemonic Words, Keystore to others, the User’s borrowing, transfer or authorization of their own mobile device or the Wallet to others, or User’s inappropriate download of the Wallet through unofficial channels, or insecure using means;
（3） Loss of digital tokens due to the User’s mishandling (including but not limited to transferring a wrong address, choosing the wrong node servers by the User)
（4） Loss of digital tokens due to mishandling by the User who lacks knowledge in relation to blockchain technology;
（5） Deviation of the User’s transaction records copied to VeChainThor Blockchain due to time lags, instability of the blockchain system and other reasons.;
（6） The risks and consequences of the User' operations on third-party-developed DApps.
ARTICLE X. INTELLECTUAL PROPERTY PROTECTION
The Wallet is an application developed and owned by the Company. The intellectual property rights of any contents displayed in the Wallet (including this Agreement, announcements, articles, videos, audio, pictures, files, information, materials, trademarks or logos) are owned by the Company or third-party licensors. The User should use the Wallet application and its contents only for the purpose of holding and managing digital tokens, and should not copy, modify, transmit or use any of the aforementioned materials or contents for commercial purposes.
ARTICLE XI. GOVERNING LAW AND DISPUTE RESOLUTION
ARTICLE XII. MISCELLANEOUS
For any issues not mentioned in this Agreement, you should comply with the announcements and the relevant rules posed by the Company from time to time. If you have any further questions, advices or suggestions, please contact us through the following way:
We will review issues as soon as possible and respond within thirty days of verifying your identity.
VeChain Technology SEA PTE.LTD
April , 3, 2019
We attach great importance to the protection of your personal information and fully understand its significance to you as well. We may collect and use your personal information when you use the wallet and our related services, and simultaneously we will spare no effort to protect your personal information. We are highly committed to maintaining your trust in us and to abide by the following principles while protecting your personal information: principle of rights and responsibilities, principle of clear purpose, principle of consistence, principle of minimum use, principle of security, principle of participation, principle of openness and transparency. At the same time, we promise that we will take appropriate security measures to protect your personal information in accordance with the tested and mature standards.
Update date: [ * ]
If you have any question, advice or proposal, please contact us by following:
1. Information we collect
Please be aware that the address of the wallet you create or import, and all transaction records associated with that address will be stored on VeChainThor Blockchain, and you and we have no control over the disclosure, modification and deletion of your transaction records.
(1) We will collect and use the information as you provide or is generated by user itself during the use of the services, which comply with the purposes described below:
a) In order to provide you with the wallet service, we need to collect your following indispensable basic information before such provision, which is necessary to providing you with our service:
i. Wallet information: When you use our wallet service, we will automatically collect the version information of the wallet you use；
ii. Device information: We will collect information about the device you use during our service, including device ID, mobile device operating system version information, mobile device platform type (iOS or Android), system language, source information (such as Google Play, Xiaomi App store, Baidu App store and Apple App Store), etc.
Information we collect from the same wallet address despite various login devices may be associated by us so that we can provide you with a consistent wallet service on those devices.
b) In order to improve our service, we will use data analysis software to collect your following behavioral analysis information based on your authorization:
Log information of wallet operation: We will collect details upon how you use the wallet, including but not limited to the frequency and duration of your visit, wallet browsing history, operation history, etc. As to user behavior analysis data collected described as above, data analysis software will randomly generate an anonymous Distinct ID for you. Once you reinstall your wallet or use another device to log in to the same wallet address, a new Distinct ID will be reassigned to you. Collected behavior data will not be shared with any third party.
i. When you contact us, we may save your contact information to reach you or help you solve the problem, or to record the solution and results of the problem you report.
(2) After you link any other third-party-developed DApp through the wallet, such DApp may collect your personal information when providing services. If you refuse the third party to collect your personal information during or before the service, it may cause you unable to use such DApp in the wallet. We do not hold any personal information collected by any such third party DApp.
2. How we store information
We will continue to store and keep personal information collected from you for a necessarily certain time either for data collection or our legal and commercial purposes or the requirements of the relevant laws. Besides, we usually keep your personal information permanently to ensure that any contract disputes can be resolved.
If you are a user of our wallet service from the European Union, the United States, or any other regions outside of the Republic of Singapore that apply laws or regulations that collect, use and disclose personal data in a way different from the laws of the Republic of Singapore, please be aware that not only do you agree that our wallet service shall be governed by the laws of the Republic of Singapore, but also you accept the transfer of your personal information to the territory of the People's Republic of China.
When our products or service cease to operate, we will notify you by notice and delete or anonymize your personal information within a reasonable period.
3. How we use information
We may use your personal information that we have collected when you use our service for the following purposes:
(1) To provide basic wallet service to you;
(2) To improve your experience with the wallet;
(3) To help us with design of new service and enhance existing one;
(4) To help us know more about how you use the wallet so that we can satisfy your personalized needs, such as resolving any question, feedback, complaint and requirement you submitted to us by using your wallet’s public address and device information that you provided to us;
(5) To authenticate application or upgrade the management application;
You agree that, during your use of the wallet products or our service, we are entitled to generating patterns, trends, knowledge, metadata and other insights (collectively, “Derivative Data”) by (i) anonymizing users’ data; (ii) aggregating users’ data with other data; and/or (iii) based on anonymous learnings, logs and data regarding use of the wallet and/or services.
Derivative Data shall only consist of anonymized data that does not identify the user or any other personally identifiable information. Anonymized data means that any information that can identify the user or any other natural person is removed and the remaining data is data from which one cannot identify an individual, whether by us or by any other person. You agree that Derivative Data shall belong to us and we may use Derivative Data for any business purpose (including but not limited to development, provision, operation, maintenance, and improvement of our products and service).
4. External provision of information
At present, we do not share or transfer your personal information to any third party. If there is any situation that we need to share or transfer your personal information, we will obtain your authorization or consent in advance, or we will anonymize your personal information in a non-recoverable way to make it impossible to identify specific individuals.
We do not publicly disclose your personal information. If public disclose is required, we will inform you of the purpose of this public disclosure, the type of information disclosed and the sensitive information that may be involved and obtain your explicit consent.
You understand that we will not share, transfer, publicly disclose your personal information to any third party without your prior consent except for the following circumstances:
(1) Information related to national security and national defense security;
(2) Information related to public security, public health, significant public interests;
(3) Information related to criminal investigation, prosecution, trial and enforcement;
(4) When it is difficult to obtain your consent for the maintenance of your or others’ major legal rights such as your life or property;
(5) Personal information actively disclosed to the public by yourself;
(6) Personal information collected from legally publicly disclosed information, such as legal news reports, government information disclosure and other channels;
(7) Personal information necessary to maintain the security and compliance of the wallet, such as to detect or to solve the malfunction of the wallet, and/or;
(8) Other circumstances stipulated by laws and regulations.
5. How you manage personal information
In accordance with the relevant laws of the Republic of Singapore, we ensure that you are entitled to controlling your personal information provided to the wallet by following methods:
(1) You understand that you can perform the following actions under the “Me” section：
a) Under the "Settings" section, you can choose to turn off the "Fingerprint Login" option, that is, you can choose not to use the Touch ID/Face ID verification service provided by the mobile phone;
b) Under the “Settings” section, you can choose to turn off the “Behavior Data Collection” option, that is, you can choose not to allow data analysis software to collect your behavior data;
c) Under the “Settings” section, you can choose “Delete Behavior Data” option to submit your request to delete data, then we will delete your behavior data collected by us through data analysis software within 5 working days.
(3) You understand that neither you nor we have the control right over whether transaction records being publicly disclosed or not. Your transaction records are public and transparent on the Blockchain due to the nature of publicity of Blockchain system.
(5) While you use your wallet, we will provide you with tools and privacy settings to access, correct, delete or modify the personal data you provide to us in connection with your wallet. You can download the personal information we collect by following the instructions stipulated in article 5-(6) below. You can also request to correct, delete or modify your personal data, and download your address transaction information by following the instructions below.
(6) You are entitled to asking us to provide, update, revise or delete your personal information collected by the wallet or revoke your authorization. These processes can be done by sending us the following information to email@example.com:
a) Your wallet address;
b) The contents of the information that you request us to provide, update, revise, or delete;
c) Your contact information.
(8) The information you provide will continue to be authorized to us during your use of the wallet service
6. How we protect information
If we close the operation of the wallet, we will stop any further collection of your personal information without delay. Meanwhile, we will announce the termination of the operation on the wallet and delete or anonymize your personal information within a reasonable period.
In order to protect your personal information, we will implement data security technology measures to improve internal compliance, add internal information security training for employees, and protect your personal information in a secure method by setting access control in addition with other security means.
In the event of security incidents such as the disclosure of personal information, we will promptly inform you of the following matters in accordance with the requirements of laws and regulations: the basic situation and possible impact of the security incident, the solutions we have taken or will take, and suggestions regarding self-prevention and risk reduction, remedial measures for you, etc. We will promptly inform you the incident by email, letter, phone, message notification, etc. When it is difficult to inform individual information subjects one by one, we will issue announcements in a reasonable and effective manner.
We will proactively report the result of personal information security incidents in accordance with the requirements of the regulatory authorities.
You should prudently select and use third-party DApps and properly protect your personal information. We shall bear no responsibility for the privacy protection of other third-party DApps.
You understand and agree that we will take reasonable security measures to protect your personal information under current technical situation as far as possible to avoid the disclosure, tampering or damage of information. However, since the wallet transfers data wirelessly, we cannot guarantee the security of personal information even if we do everything we could to strengthen security measures. If you use the wallet to transmit data over a wireless network, its privacy and security may suffer problem due to factors beyond our control, and such problem shall not be deemed as our fault. In the event of any of the above problems, we will make every reasonable effort to reduce the loss for you. If any loss has been caused to you, we shall only be held liable for the reasonable part of loss that is rendered by our fault.
8. Underage protection
We highly value the protection of underage’s personal information. Although the definition of underage varies between jurisdictions, we treat anyone the age of least 21 years of age (or older, depending on the legal age of majority in your jurisdiction) as underage. We do not offer wallet service to underage despite our inability to distinguish between their ages of users. If you are a guardian of an underage, please contact us at firstname.lastname@example.org anytime you have questions about him/her using the wallet.
(1) Major changes have taken place in how we offer service. Such as the purpose of processing user information, the type of personal information processed, the way in which personal information is used, etc.;
(2) We have undergone major changes in the ownership structure and organizational structure. Such as changes in the owners caused by business adjustments, bankruptcy mergers, etc.;
(3) The main objects of personal information sharing, transfer or public disclosure have changed;
(4) Major changes in your rights to participate in the processing of personal information and how it is exercised;
(5) When there are changes in departments responsible for dealing with user information security, contact information and complaint channels;
(6) The information security impact assessment report indicates that there is a high risk.
We will review the issue as soon as possible and respond within 30 days after verifying your user status.
VeChain Technology SEA PTE.LTD
April , 3, 2019