Nunchuk Terms of Service
- 1. Acceptance of Terms of Service
- 1.1. These Terms of Service are a binding contract between you and Enigmo. By registering for an account and/or using the Services in any manner, including but not limited to visiting or browsing the Site or downloading and/or installing the Apps, you agree to and accept these Terms of Service and all other rules, policies and procedures that may be published from time to time on the Site or the Apps by us, each of which is incorporated by reference and each of which may be updated from time to time.
- 1.2. Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by reference.
- 1.3.We reserve the right, at our sole discretion, to modify or replace these Terms of Service at any time. We will provide notice of these changes by updating the revised Terms of Service on the Site and/or the Apps. Any and all modifications or changes to these Terms of Service will be effective immediately upon being announced on the Site and/or the Apps or released to users. As such, your continued use of the Services acts as acceptance of all of the amended agreement and rules, you agree to be bound by the revised terms. If you do not agree to any modification to these Terms, you are free to reject them and that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
- 1.4. If you are using the Services on behalf of a company, entity, or organization, then you represent and warrant that you are an authorized representative of that company, entity, or organization with the authority to bind such organization to these Terms, and agree to be bound by these Terms on behalf of such company, entity, or organisation.
- 2. The Services
The Services are a platform for managing
cryptographic keys (collectively the
“Keys” and each a
“Key”). The Services are not or in any
aspect deemed as an exchange for buying,
selling, or trading
digital or virtual currency or assets
(an “Exchange”), and Enigmo is not a
agent, advisor or financial institution.
Enigmo is also not a Digital Payment
Token Service as
regulated under the Payment Services Act
(the “Act”) of Singapore. We have no
or obligation to you in connection with
any decisions or activities affected by
you using the
By using the Services in any manner, you acknowledge and agree that (a) we are not in the business of providing financial, legal, tax, accounting, or investment advice or services, and (b) none of the Services are intended to provide or contain any such advice or services. Please consult a qualified professional for any such advice or service if you find it necessary.
- 3. Eligibility
To access and use the Site, the Apps and
the Services, including the registration
for an account,
application for, receipt of, and holding
the Keys, you represent and warrant
- (a) You must be at least 18 years old, with full legal capacity and authority to enter into these Terms of Service and are legally able to form a binding contract with us;
- (b) You have not been previously suspended or removed from using the Site and/or the Apps or any of the Services or prohibited from applying for, receiving or holding a Key;
- (c) If you are entering into these Terms on behalf of a legal entity of which you are an employee or agent, you represent and warrant that you have all necessary rights and authority to bind such legal entity.
- We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that (i) these Terms of Service are in compliance with all laws, rules and regulations applicable to you and (ii) the right to access and use the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your own use, and not for the use or benefit of any third party.
- 4. The Account
- 5.Use of the Services
- 5.1 Content. For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Site, the Apps and the Services.
- 5.2 Restrictions. The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Site, the Apps and the Services. Any unauthorised use of any Content or materials on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.
- 5.3 Permitted Use. Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to access and use the Services and the Content solely for personal or internal business purposes and only in accordance with these Terms of Service. Use, reproduction, modification, distribution or storage of any Services or Content for any other purpose is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Services or Content for commercial use or in any way that violates any third party right. We may, in our sole discretion, suspend or terminate your access to the Site, the Apps and use of the Services if there is any breach of the licence to use by you.
- 5.5 Availability of Content. We do not guarantee that any Content will be made available on the Site and/or the Apps. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Services.
- 5.6 Private Keys. You acknowledge that you have sole and exclusive control over any and all private cryptographic keys created and controlled by you through the Services (“Private Keys”), and that we are unable to access or discover your Private Keys and unable to replace them in the event of their loss or theft. You further acknowledge and agree that (i) you are solely responsible for maintaining the security of each of the Private Keys and tracking the location of any hardware devices on which Private Keys are stored (“Authorised Devices”); (ii) we shall not be responsible for your acts or the acts of any third party with respect to the Private Keys or Authorised Devices; and (iii) you shall not, under any circumstances, provide or make available to us any of the Private Keys. You must notify us immediately in the event of any actual or suspected breach of security or unauthorised use of the Private Key(s), and cooperate with us and its authorised representatives in connection with any investigation of the same.
- 5.7 Service Key. You acknowledge and agree that if you choose to authorise us to control a cryptographic key created by you through the Services (a “Service Key”), (i) we will have sole and exclusive control over such Service Key; (ii) we will refuse to provide you with such Service Key unless and until we have determined (in its sole and reasonable discretion) that it has verified your identity through use of your Account Information, and that such refusal and verification constitute an essential basis of the bargain sought by you in signing up for a Membership (defined below); and (iii) you will cease to have access to the Service Key upon any termination of the Services provided to you, whether terminated by you or by us. You further acknowledge that the Services may require the transmission of multiple cryptographic keys to an Exchange in order to access your digital or virtual currency or assets, and that the Service Key alone may therefore be insufficient for such access without at least one (1) or more Private Keys, depending on the Services applicable to your Membership.
- 6.Restrictions on Use
- 6.1 You undertake and agree not to use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Account and the Services.
You shall not (and shall not permit any third party to)
either (a) take any action or (b) upload, download, post,
submit or otherwise distribute or facilitate distribution of
any Content on the Site, the Apps or through the use of the
- (a) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
- (b) you know is false, misleading, untruthful or inaccurate;
- (c) is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
- (d)constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”)
- (e) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
- (f) impersonates any person or entity, including any of our employees or representatives; or
- (g) includes anyone’s identification documents or sensitive financial information.
- 6.3 You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site, the Apps and the Services or any activities conducted on the Site, the Apps and through the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Site, the Apps and the Services (or other accounts, computer systems or networks connected to the Site, the Apps and the Services); (iv) run any form of auto-responder or “spam” on the Site, the Apps and the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site, the Apps and the Services; (vi) harvest or scrape any Content from the Site, the Apps and the Services; or (vii) otherwise take any action in violation of our guidelines and policies.
- 6.4You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site, the Apps and the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
- 6.5We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
- 6.6By accessing to and using the Services, you agree that we shall have the right to investigate any violation of these Terms, unilaterally determine whether you have violated these Terms, and take actions to apply relevant rules without receiving your consent or giving prior notice to you, including (a) block and close order requests, (b) freezing your Account, (c) reporting the incident to authorities, (d) publishing the alleged violations and actions that have been taken, and (e) deleting any information you published that is in violation.
- 7. Third Party Services
- 7.1 Third Party Services. The Services may permit or enable you to interact with other websites, services or resources on the Internet or other mobile applications (“Third Party Services”), and other Third Party Services may contain interact or integrate with the Services. When you access Third Party Services on the Internet, you do so at your own risk. These Third Party Services are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such Third Party Services. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any Third Party Services.
- 7.2 Third Party Materials. In connection with the Services, we may use, or may provide you with access to, hardware devices, software, source code or other technology licensed to us from third parties, and which may be owned by such third parties (collectively, “Third Party Materials”). You acknowledge and agree that we do not make any warranties or guarantees regarding Third Party Materials and is not responsible for the operation or failure of any Third Party Materials, including without limitation the privacy practices, data security processes or other aspects related to Third Party Materials. You further acknowledge and agree that any Authorised Devices are each subject to their own terms and conditions separate and apart from this Agreement. You agree to waive any claim against us with respect to such Third Party Materials.
- 8. Products
- 8.1 Product. Descriptions, images, references, features, content, specifications, products, prices, and availability of any Products made available through the Site and the Apps are subject to change without notice. The inclusion of any Products on the site and/or the Apps at a particular time does not imply or warrant that these products will be available at any time. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any Product on the Site and/or the Apps; to bar any user from making any or all purchases; or to refuse to provide any user with any product.
- 8.2 Legal Obligations. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the possession, use, and sale of any Product purchased through the Site and/or the Apps. By placing an order, you represent that the Products ordered will be used only in a lawful manner.
- 8.3 Customer Service. If you have any questions about a particular Product, or you have questions about shipping, returns, or refunds, please contact us at [email protected]
- 9. Suspension and Termination
- You agree that we may suspend or terminate your access to the Account or your use of all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your Account, you may do so by following the instructions on the Site, the Apps or through our instructions given to you through provision of the Services. Any fees paid hereunder are non-refundable. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. You agree that we shall not be liable to you for any permanent or temporary modification, suspension or termination of your Account or access to all or any portion of the Services. We shall have the right to keep and use the transaction data or other information related to such accounts.
- 10. Warranty Disclaimer
- 10.1 You acknowledge that digital or virtual currencies, and platforms and marketplaces for same, involve significant financial, legal, and other risks (collectively, “Risks”). You further acknowledge and agree that (a) you are solely responsible for learning about such Risks; (b) we shall have no responsibility to alert you about any Risks; and (c) any information relating to digital or virtual currencies, platforms and marketplaces for same, and Risks that are provided by us or its representatives in connection with the Services is for informational purposes only, and shall under no circumstances be construed as advice or direction of any kind.
- 10.2You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
- 10.3To the maximum extent permitted under applicable law, the Services are provided “as is” and “as available” basis and we expressly disclaim, and you waive, any and all other warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title or non-infringement or warranties arising from course of performance, course of dealing or usage in trade. Without limiting the foregoing, we do not represent or warrant that the Site, the Apps, the Services or our materials are accurate, complete, reliable, current, error-free, or free of viruses or other harmful components. We do not guarantee that any order will be executed, accepted, recorded or remain open. Except for the express statements set forth in these Terms of Service, you hereby acknowledge and agree that you have not relied upon any other statement or understanding, whether written or oral, with respect to your use and access of the Services. Without limiting the foregoing, you hereby understand and agree that we will not be liable for any losses or damages arising out of or relating to: (a) any inaccuracy, defect or omission of digital currency price data, (b) any error or delay in the transmission of such data, (c) interruption in any such data and (d) any damages incurred by another user’s actions, omissions or violation of these Terms of Service. The disclaimer of implied warranties contained herein may not apply if and to the extent it is prohibited by applicable law of the jurisdiction in which you reside.
- 11. Indemnification
- You agree to indemnify and hold harmless Enigmo, its affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to (i) your use of, or conduct in connection with the Services, (ii) your breach or our enforcement of these Terms of Service, or (iii) your violation of any applicable law, regulation, or rights of any third party during your use of the Services. If you are obligated to indemnify Enigmo, its affiliates, contractors, licensors, and their respective directors, officers, employees or agents pursuant to this clause, Enigmo will have the right, in its sole discretion, to control any action or proceeding and to determine whether Enigmo wishes to settle, and if so, on what terms.
- 12. Limitation of Liability
To the maximum extent permitted by applicable law, in no
event will Enigmo, its affiliates and their respective
shareholders, members, directors, officers, employees,
attorneys, agents, representatives, suppliers or contractors
be liable for any incidental, indirect, special, punitive,
consequential or similar damages or liabilities whatsoever
(including, without limitation, damages for loss of data,
information, revenue, profits or other business or financial
benefit) arising out of or in connection with the Services,
any performance or non-performance of the Services, or any
other product, service or other item provided by us or on
our behalf and its affiliates, whether under contract,
statute, strict liability or other theory even if we have
been advised of the possibility of such damages, except to
the extent of a final judicial determination that such
damages were a result of our gross negligence, fraud, wilful
misconduct or intentional violation of law. Some
jurisdiction does not allow the exclusion or limitation of
incidental or consequential damages, so the above limitation
may not apply to you.
Notwithstanding the foregoing, in no event will the liability of Enigmo, its affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors arising out of or in connection of the Services, any performance or non-performance of the Services, or any other product, service or other item provided by or on behalf of Enigmo or its affiliates whether under contract, statute, strict liability or other theory, exceed the amount of the fees paid by you to us under these Terms of Service in the twelve-month period immediately preceding the event giving rise to the claim for liability.
- 13. Dispute Resolution
- If any dispute shall arise in connection with these Terms of Service, each party shall discuss to amicably settle the dispute within thirty (30) days as from the date of occurrence of the dispute. If the dispute cannot be resolved by amicable discussion and settlement within thirty (30) days, then either you or we may refer the dispute to arbitration administered by the Singapore International Arbitration Centre (SIAC) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (SIAC Rules) for the time being in force, which rules are deemed to be incorporated by reference to this section. The seat of the arbitration shall be Singapore. The language of the arbitration shall be English.
- 14. Governing Law and Jurisdiction
- These Terms of Service shall be governed by and construed in accordance with the laws of the Singapore, without regard to its conflict of law provisions.
- 15. Modification
- We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these Terms of Service periodically for changes. Your continued use of the Services following notification of any changes to these Terms of Service constitutes acceptance of those changes, which will apply to your continued use of the Services going forward. Your use of the Services is subject to the Terms of Service in effect at the time of such use.
- 16. Miscellaneous
- 16.1 Entire Agreement and Severability. These Terms of Service are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder
- 16.2 Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
- 16.3 Assignment. These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
- 16.4 Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.
- 16.5 Notices. Unless otherwise specified in these Term of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to [email protected]
- 16.6 No Waiver. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
- 16.7 Headings. The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.