AABB Wallet Terms of Use
PLEASE READ CAREFULLY BEFORE DOWNLOADING ANY SOFTWARE FROM THIS WEBSITE:
This License agreement (License) is a legal agreement between you (Licensee, User or you), Asia Broadband, Inc. (OTC: AABB) (“Licensor”, “Company”, “us” or “we”), and Core State Holdings, Corp. (Service Provider, us or we) for the data supplied with the software, and the associated media (Software).
We license the use of the AABBGoldToken.com, AABBExchange.com, and the Company’s Payment Gateway Software (“Services”) to you on the basis of this License. We do not sell the Software to you. We remain the owners of the Software at all times. BY DOWNLOADING THE SOFTWARE FROM THIS WEBSITE YOU AGREE TO THE TERMS OF THIS LICENSE WHICH WILL BIND YOU. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, WE WILL NOT LICENSE THE SOFTWARE AND DOCUMENTS TO YOU AND YOU MUST DISCONTINUE THE DOWNLOADING PROCESS NOW. IN THIS CASE DOWNLOADING PROCESS WILL TERMINATE.
Please read these Terms and Conditions of Use (the “Terms of Use”) carefully. These Terms of Use govern your use of the Software and Services.
We may change the terms of the License at any time for whatever reason and without notice. The terms of the License will be available on the Website where you downloaded the Software from. Your continued use of the Software constitutes acceptance of the new terms.
RISK WARNING: When trading and investing in cryptocurrencies, you automatically take on a substantial amount of risk of the potential loss. Cryptocurrency prices can be affected by many factors, including, but not limited to, national and international economic, financial, regulatory, political, terrorist, military, and other events. Just like trading on the foreign exchange, it is possible to lose most if not all funds within a very short time frame. Because of this, investing and trading in cryptocurrencies is not suitable for all types of investors. Before starting to trade cryptocurrencies, make sure that you are mindful and fully understand the complexity, risks, and nature or trading cryptocurrencies. Understand that there is a chance that you could lose your capital. Due to the high volatility of the price of many cryptocurrencies on the market, the price may go up or down radically within a short time span, resulting in a potential loss of value of your entire investment in cryptocurrencies, including a complete or partial loss of purchasing power, and difficulty or a complete inability to sell or exchange your currency. If you do decide to trade or purchase/short cryptocurrencies, please make sure you are allocating only that portion of funds that you can risk and can afford to lose. In no event shall AABBGoldToken.com, AABBExchange.com, its white label partners, and its parent company CoreStateHoldings.com be liable to any loss or damage of any kind incurred as a result of the use of this site or the services found at this site. © 2022 Asia Broadband, Inc. All Rights Reserved.
ACCEPTANCE OF THESE TERMS OF USE
By accessing, reading, and making use of this Website and the Services, you are deemed to have reviewed, understood, and accepted, on your own behalf and on behalf of any person on whose behalf you may be acting, these Terms of Use and agreed with the Company to be bound hereunder. For the purposes of these Terms of Use, “person” means any natural person, corporation, partnership, joint venture, or any other incorporated or unincorporated entity, whether acting as an individual, fiduciary, or in any other capacity.
If you do not wish to be bound by these Terms of Use, you may not use this Website or any of the Services.
To use the Services, you need to ensure that you are at least 18 years of age or, if the age of majority in the jurisdiction in which you reside is greater than 18 years of age, you are at least that age. You are otherwise fully competent and have the active legal capacity to enter into and be bound by these Terms of Use and to perform your obligations as herein set out.
CHANGES TO TERMS OF USE AND WEBSITE
The Company reserves the right, exercisable at any time at its sole discretion, to add to or remove, modify or otherwise change any part of these Terms of Use. Changes will be effective immediately at such time as the Terms of Use are posted on this Website and/or within the Services. You should check the Terms of Use page on a regular basis for changes by checking the date this page was last updated. If any change to the Terms of Use is not acceptable to you, you must discontinue your use of this Website and the Services immediately. Your continued use of this Website or any of the Services after any changes to the Terms and Conditions will constitute your unqualified acceptance of the changes.
We, the Company, may terminate, change, suspend or discontinue any aspect of this Website or the Services at any time without notice. Without limiting the generality of the foregoing, the Company may change the availability of any features, institute new, or amend existing fees or charges for the use of the Website, the Services, or any features included in the Website or the Services, add, remove, modify or otherwise change any content on this Website, and impose limits on certain features or restrict access to parts or all of this Website. The Company reserves the right, but not the duty, to correct any errors or omissions in any portion of this Website at any time and without notice.
OTHER AGREEMENTS
These Terms of Use are in addition to and supplementary to any other agreements that you or any person you represent have or may enter into with the Company concerning your dealings with them, including any information, products, or services provided by the Company. In the event of any conflict or inconsistency between the provisions of these Terms of Use and the provisions of any other agreement that you or any person you represent have with the Company, the provisions of these Terms of Use shall govern regarding your access to and use of the Website and the Services.
OPERATING SYSTEM REQUIREMENTS:
TYPE OF MOBILE DEVICES : Smartphone. Tablet. Laptop.
TYPE OF OPERATING SYSTEM : iOS, Android, macOS, Windows.
1. Grant and Scope of License
1.1 In consideration for you agreeing to abide by the terms of this License, we hereby grant to you a non-exclusive, non-transferable License to use the Software on the terms of this License.
1.2 You may:
a – Access, download, install and use the Software for your personal and Business purposes only: on one central processing unit (CPU) if the License is a single-User License or the Software is for single use.
b – Provided it is used on only one smartphone or other device at any one time, transfer the Software from one device to another.
c – Provided you comply with the provisions in condition 2, make up to a reasonable number of copies of the Software for backup purposes only; and receive and use any free supplementary software code or update of the Software incorporating “patches” and corrections of errors as may be provided by us from time to time.
1.3 Eligibility. To be eligible to use the AABB Wallet Services, be of age of majority in Your local jurisdiction. Your eligibility to access certain AABB Wallet Services also depends on the country in which you reside. According to the requirements of local authorities, the Company may restrict installation of the Software within certain countries or within their constituent parts. The Company does not assume any liability for the User’s installation of the Software and its subsequent usage within such countries or their constituent parts.
1.4 Identity Verification (KYC). You agree to provide us with the information we request for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime; and permit us to keep a record of such information. You may need to complete certain verification procedures before you are permitted to use the AABB Wallet Services and your access to one or more AABB Wallet Services, including certain transfers of FIAT, Funds, and Digital Currency, and the limits that apply to your use of the AABB Wallet Services, may be altered as a result of information collected on an ongoing basis. The information we request may include certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, government identification number, and information regarding your bank account (such as the name of the bank, the account type, routing number, and account number). In providing us with this or any other information that may be required, you confirm that the information is accurate and authentic. You agree to keep us updated if any of the information you provide changes. You authorize us to make the inquiries, whether directly, through our Service Provider, or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these inquiries** , you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that **** these agencies may respond to our inquiries in full ***. This is an identity check only and should have no adverse effect on your credit rating.* Additionally, we may require you to wait some amount of time after completion of a transaction, before permitting you to use further AABB Wallet Services and/or before permitting you to engage in transactions beyond certain volume limits. This includes authorizing your wireless operator (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to use your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status details, if available, solely to allow verification of your identity and to compare information you have provided to AABB Wallet with your wireless operator account profile information for the duration of the business relationship.
1.5 Anti-Money Laundering (AML) Policy.
Compliance program requirements under the Proceeds of Crime (Money Laundering and Terrorist Financing Prevention Act (MLTFPA).
In accordance with the prescribed legislative requirements, AABB Wallet has certain record keeping, identification, and reporting requirements. Our compliance program:
- Compliance officer: The appointment of a chief anti-money laundering officer to supervise the AML/KYC team
- Compliance policies and procedures including: AML/Compliance policy, executing the Know Your Customer (“KYC”) procedures, constant ongoing monitoring and business relationship, record keeping requirements, and transaction reporting requirements.
- Risk assessment to evaluate all risks related to money laundering and terrorist financing
- Ongoing compliance training program for each of our AML/KYC Compliance team
For more information on our AML/KYC policy, please send us an email to [email protected]
1.6 Apple Store Terms
If the App is provided to you for download through Apple Inc. (Apple Inc. together with all of its affiliates, “Apple”) App Store, the following terms and conditions shall apply: (i) the parties acknowledge that this Agreement is concluded between the parties, and not with Apple, and that the responsibility for the App and the content thereof is governed by these Terms of Use; (ii) notwithstanding anything to the contrary hereunder, you may use the App only on an Apple-branded product or device that you own or control and as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service; (iii) the parties acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App; (iv) in the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if any) to you. Except for the foregoing, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be governed by these Terms of Use; (v) the parties acknowledge that Apple is not responsible for addressing any claims by you or a third party relating to the App or your possession and use of the App, including but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; (vi) the parties acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, such intellectual property infringement claim will be governed by these Terms of Use and Apple will have no responsibility for the investigation, defense, settlement and discharge of such intellectual property infringement claim; (vii) you represent and warrant that you are not: (a) located in any country that is subject to a U.S., Mexican Government embargo, or that has been designated by the U.S., Mexican Government as a “terrorist supporting” country; or (b) listed on any U.S., Mexican Government list of prohibited or restricted parties; (iix) you may contact us regarding any questions, complaints or claims with respect to the App at: [email protected]; (ix) you must comply with all applicable third party terms of agreement when using the App; and (x) the parties acknowledge that Apple is a third party beneficiary to these Terms of Use and, upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof. To the extent that this Section 1.6 is inconsistent with any other terms and conditions of these Terms of Use, this Section 1.6 will prevail.
1.7 Google Play Terms
If the App is provided to you for download through Google Inc. (Google Inc. together with all of its affiliates, “Google”) Google Play, the following terms and conditions shall apply: (i) you acknowledge that Google is not responsible for providing support services for the App, and (ii) if any of the terms and conditions in these Terms of Use are inconsistent or in conflict with the Google Play Developer Distribution Agreement, the terms and conditions of Google’s Google Play Developer Distribution Agreement will apply to the extent of such inconsistency or conflict as they relate to the app.
2. Services
The Company operates a software program, developed by our Service Provider that enables Users to access, send, receive, exchange/convert, make money on referral and loyalty program for the store and transfer virtual currencies, tokens, and cryptocurrencies (collectively, “Cryptocurrency”). This license agreement permits You to use the AABB Wallet subject to certain conditions, rights and obligations.
Deposits and withdrawals
You may deposit Cryptocurrencies into your AABB Wallet account at any time during the duration of your contractual relationship with the Company. Cryptocurrencies as means of payment for other Cryptocurrencies will be accepted via Cryptocurrency transfer (AABBG, BTC, ETH, etc.) where the originator is you. The Company allows you to receive deposits higher than the established limit, but does not accept internal third party or anonymous payments in favor of your account in the amount higher than the established limit and without going through KYC procedure. The Company shall perform withdrawals of your Cryptocurrencies, upon an application for withdrawal made via the Wallet.
Cryptocurrencies are transferred between Users’ accounts immediately and without active participation of the Company. The Company does not guarantee timely withdrawals and transfers to accounts outside AABB Wallet network, nor deposits to the AABB Wallet network.
3. Transactions
The only authentic record of Cryptocurrency transactions is the applicable blockchain. The Wallet provides functionality that allows You to send Cryptocurrencies transfer instructions. Timely manner of transactions is guaranteed only between AABB Wallet accounts. Timely and efficient manner of transactions involving other cryptocurrency wallets and networks is not guaranteed because it is out of the Company’s control.
You must ensure that Your transactions conform to the applicable rules of the software for the Cryptocurrencies (especially with smart contract systems like Ethereum). The Company reserves the right to refuse to process or to cancel any pending Cryptocurrency Transaction as required by law or in response to a subpoena, court order, or other binding government order or to enforce transaction limits.
The Company cannot reverse a Cryptocurrency Transaction which has been broadcast to a Digital Currency network. The Wallet services are available only in connection with those Cryptocurrencies that the Company, in its sole discretion, decides to support. The Cryptocurrencies that the Company supports may change from time to time. Under no circumstances should you attempt to use your Wallet to store, send, request, or receive Cryptocurrencies in any form that are not supported by the Company. The Company and its Service Provider assumes no responsibility or liability in connection with any attempt to use the Wallet for Cryptocurrencies that the Company does not support.
AABB Wallet internal transactions will not be shown on public scanners (like: etherscan.io) that only show transactions made in decentralized blockchain. Transfers from AABB Wallet to other cryptocurrencies will not be shown at deposit address. AABB Wallet cryptocurrency/fiat exchange rate will show approximate average market rate for information purposes only not actual rate that could be applied through trading companies. Only User will be able to see his/her AABB Wallet transaction in a timely and accurate manner.
Unauthorized and Incorrect Transactions. Where a transaction is initiated from your AABB Wallet account using your credentials including your PIN code, we will assume that you authorized such transaction. All transactions can be conducted only after entering your PIN code. A transaction cannot be initiated without entering your PIN code. Performed transactions cannot be reversed or cancelled. We may not reset your password if you do not have access to your AABB Wallet Account.
If you believe you did not authorize a particular transaction or that a transaction was incorrectly carried out, you must contact us as soon as possible and in any case no later than 3 months after the relevant transaction occurred by opening a support ticket from within the AABB Wallet’s Help & Support section. It is important that you regularly check your AABB Wallet balance and your transaction history regularly to ensure any unauthorized or incorrect transactions are identified and notified to us at the earliest possible opportunity. We and our Service Provider, are not responsible for any claim for unauthorized or incorrect transactions even if you have notified us in accordance with this section. We accept complaints only from Users that went through the KYC procedure. Any compensation or acceptance of liability is within sole discretion of the Company.
Refund Policy. It is the nature of AABBG, Bitcoin, Litecoin, and the other cryptocurrencies on our website that all transactions are final with no method of chargeback or recourse for the sender of the funds. As such, we are unable to reverse or provide refunds for any payment made through our payment system. No refunds or reversals are provided for payments made for any currency, through the Convert or other functionality implemented, that is then no longer desired to be owned by the User; throughout any time of ownership by the User.
Funds Recovery – Sends to wrong coin/chain, missing tags, delisted coins, etc.
If coins are sent to the wrong coin or blockchain or to a delisted coin, there is no ability for the Company to recover the funds. This would apply if for example you sent Ether to an Ether Classic address or Digitalcoin to a Dogecoin address, etc. This would also apply to coins that require a destination tag, payment ID, memo, etc. and they were not set or were set to an incorrect value. We will not recover tokens we do not support for example from Ether-based ICOs that aren’t on our Supported Coins list. You must contact us within 60 days for us to recover your funds for you or they will be forfeited.
Supported Digital Currencies. Our AABB Wallet Services are available only in connection with those digital currencies that AABB Wallet supports, and this may change from time to time. Under no circumstances should you attempt to use your Digital Currency Wallet to store, send, request, or receive digital currencies in any form that we do not support (although we will use reasonable efforts to help you move or sell Digital Currency that we no longer support). We and our Service Provider assume no responsibility or liability in connection with any attempt to use your AABB Wallet for digital currencies that we do not support.
Passphrases. A passphrase is an industry standard tool that is a LAST LINE of protection for a User account in AABB Wallet. Due to security and privacy reasons, every company that has passphrase protection is unable to access the passphrases. Therefore, if you lose your passphrases or incorrectly wrote them down initially, then you will lose access to your account, and there is nothing our Company – nor any company – can do to regain access to your account. It is the responsibility of the User to correctly write down and store their passphrases as initially shown to them by the Software, not limited to; without any spacing after the words, in the same numeric order, and that the grammar is correct. The Company does not have access to the funds of an account that the User has lost access too, as the funds are being held in a non-custodial wallet and there is no ability to confirm that the support ticket opened concerning the loss of access is the primary owner of the AABB Wallet account.
Third Party Payments. We and our Service Provider have no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any goods or services that you may purchase or sell to or from a third party (including other Users of AABB Wallet Services). We and our Service Provider are not responsible for ensuring that a third party buyer or a seller you transact with will complete the transaction or is authorized to do so. If you experience a problem with any goods or services purchased from, or sold to, a third party using Digital Currency transferred using the AABB Wallet Services, or if you have a dispute with such third party, you should resolve the dispute directly with that third party. If you believe, a third party has behaved in a fraudulent, misleading, or inappropriate manner, or if you cannot adequately resolve a dispute with a third party, you may notify AABB Wallet Support at [email protected], or by opening a support ticket from within the AABB Wallet’s Help & Support menu, so that we may consider what action to take, if any.
Appointment of Regulated Third Parties. You may appoint appropriately regulated third parties to access your AABB Wallet. If you do, you should be aware that by virtue of such access, that third party may access your transactional and other data, and / or may initiate transfers from your AABB Wallet.
Refusing to deal with Regulated Third Parties. We and our Service Provider may refuse access to regulated third parties for objectively justified and duly evidenced reasons relating to unauthorized or fraudulent access to your AABB Wallet. In such cases, unless we are prohibited by applicable law, we will inform you that that third party’s access has been denied and the reasons why. We will permit access again once we are satisfied that the reasons for refusing access no longer exist.
Transactions Limits. A registered AABB Wallet User that has not completed KYC may only use AABB Wallet to the limited extent of USD 900 per day. A registered User that completed KYC may use their AABB Wallet without any limit or may impose limit on the amount of his daily transactions. Loyalty program limits can be found on AABB Wallet loyalty setting page.
Customer Support. If you have any issues or concerns regarding your account or your use of the Services, you should first check our Website’s FAQ to see if there is already an existing solution. If a solution is not found, please submit a ticket through our App’s/Website Help & Support module, allowing Users to create a Support Ticket. Our Customer Support team will work on the resolution and get back to you within 1-15 business days. Our Finance team will process all the withdrawal requests within 5-15 business days automatically. All registered AABB Wallet Users that have completed the KYC are able to receive support assistance from our Customer Support Team. Our Customer Support team will do their best to get back to your inquiries in a timely fashion and to assist you in solving your support ticket. Any User communicating with our Customer Support team, be it a registered or non-registered User, must communicate in a professional and responsible manner and must refrain from abusing our team members. This includes, but is not limited to: using vulgar language, sending death threats, spamming the Customer Support team with multiple support tickets, and to using multiple AABB Wallet accounts to contact our support team for the same support ticket inquiry. No matter the context and reason, all Users must refrain from threatening our Customer Support team (especially when they are attempting to solve a support inquiry) in the likes that the User will take some sort of legal action, and/or the filing of a claim to a government agency or independent business bureau, against the Customer Support team member(s) or the Company and its Service Providers if their inquiry is not solved or is unsolvable. By doing so, the Customer Support staff may discontinue further communicating with the User, may cancel all applicable pending transaction and/or traders orders conducted by the User in the Software(s), and may reject the User’s KYC application; leading to the User no longer be able to facilitate any transactions within the Software. Our Customer Support Department does its best to solve any and all inquiries sent to it by Users, and the staff will not tolerate disrespect and unprofessionalism by the Userbase.
4. Loyalty Program
Loyalty program allows User to track local businesses that have active AABB Wallet and accept cryptocurrencies and participate in loyalty program, which allows User to get cashback after purchasing of the relevant product or service. Purchases and cashback shall be in the same cryptocurrency.
User may use AABB Wallet in his business activities and receive cryptocurrencies in exchange for its/his/her products and services (Business User). The Company and Service Provider does not assume liability for proper performance of Business User’s obligations. Purchasing User shall approach Business User directly with any complaints.
User (seller, merchant) may launch its own loyalty program with a cashback amount set at their own discretion. The set cashback amount will be transferred back from seller’s/merchant’s account into the account of the purchaser after the completion of the relevant transaction. This cashback amount will not be returned automatically in case of the refund of the amount originally paid by the purchaser to the seller/merchant.
AABB Wallet default loyalty program does not apply if User is signed into an active Business User program of the counterparty to the relevant transaction.
Business User may launch a single loyalty program at a time. AABB Wallet provides search feature based on (#hashatags) chosen by Business Users. Business User understands that it/his/her account can be blocked based on local restrictions and Business User assumes liability for such blocking.
5. Restrictions
Except as expressly set out in this License or as permitted by any local law, you undertake:
- Not to copy the Software except where such copying is incidental to normal use of the Software, or where it is necessary for the purpose of backup or operational security;
- Not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Software;
- Not to make alterations to, or modifications of, the whole or any part of the Software, nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs;
- Not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Software nor attempt to do any such thing;
- To keep all copies of the Software secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Software;
- To include our copyright notice on all entire and partial copies you make of the Software on any medium;
- Not to provide or otherwise make available the Software in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person;
- To comply with all applicable technology control laws and regulations;
- To be responsible for Your own Cryptocurrencies;
- To carefully review the list of supported Cryptocurrencies before engaging in any transactions;
- To ensure that Your device(s) are fully updated and do not contain viruses, malware or otherwise malicious software;
- To ensure that Your use of the Wallet complies with local laws;
- Not to deposit Cryptocurrencies into addresses for Cryptocurrencies that are not supported by the Wallet;
- Not to use the Wallet in a manner likely to interfere with other Wallet Users or servers (e.g. excessive API calls or network spam);
- Not to use the Wallet in a manner contrary to the laws of Your local laws.
Restricted Items/Services of use AABB Wallet
The following items and/or services may not be bought or sold with our service(s):
- Illegal drugs and substances.
- Pornography featuring underage or unconsenting performers.
- Software or websites with malware, viruses, trojans, spoofing, etc.
- High-yield investment programs (HYIP)
- Content which may be:
- Libellous or maliciously false;
- Infringe any copyright, moral right, database right, trademark right, design right, right in passing off, or other intellectual property right;
- Be in contempt of any court, or in breach of any court order;
- Be in breach of racial or religious hatred or discrimination legislation;
- Be untrue, false, inaccurate or misleading;
- Constitute spam;
- Be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory.
6. Intellectual Property Rights
6.1 You acknowledge that all intellectual property rights in the Software and the Documents anywhere in the world belong to our Service Provider and us, that rights in the Software are licensed (not sold) to you, and that you have no rights in, or to, the Software or the Documents other than the right to use them in accordance with the terms of this License.
6.2 You acknowledge that you have no right to have access to the Software in source code form.
7. Limitation of Liability
7.1 All exclusions in this clause shall apply to the fullest extent permissible at law.
7.2 The Software is provided to you on an “as is” basis. All warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are excluded from this agreement.
7.3 We and our Service Provider do not warrant that the functions contained in the Software will be uninterrupted or error free, that defects will be corrected or that the Software is free of viruses, worms, Trojan horses, bugs or similar harmful devices or that your use of the Software will provide specific results.
7.4 We and our Service Provider will not be liable or responsible for any act or event beyond our control, including without limitation the matters listed in Risks.
7.5 We and our Service Provider shall not in any circumstances have any liability for any losses or damages which may be suffered by you (or any person claiming under or through you), including but not limited to:
a – special damage
b – loss of profits
c – loss of anticipated savings
d – loss of business opportunity
e – loss of goodwill
f – loss of, or damage to (including corruption of), data, whether the same are suffered directly or indirectly or are immediate or consequential, and whether the same arise in contract, tort (including negligence) or otherwise.
7.6. You shall comply with the License and shall indemnify us and our Service Provider against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses suffered or incurred by us arising out of or in connection with your breach of the License.
7.7 You assume all costs if your use of the Software results in the need for servicing, repair or correction of equipment, software or data.
7.8 Risks. These are the risks you acknowledge in using the AABB Wallet:
Virtual currencies. Virtual Currencies are not backed by governments or central banks. They are not protected by government deposit protection schemes. Virtual Currencies may be extremely volatile. Virtual Currency technology is extremely nascent and unproven. Virtual Currency software and providers are regularly subject to hacking attempts resulting in loss of funds. Read the EBA warning here for more details on Virtual Currencies.
Stablecoins and commodity-backed cryptocurrencies. Most stablecoins and commodity-backed crypto tokens and coins are not backed by governments or central banks. They are also not protected by government deposit protection schemes. These currencies may be extremely volatile. Stablecoin and commodity-backed cryptocurrency technology is extremely nascent and unproven. Stablecoin and commodity-backed cryptocurrency software and providers are regularly subject to hacking attempts resulting in loss of funds. Read the U.S. Department of Treasury analysis here for more details on Stablecoins.
Digital Assets. Similar to Virtual Currencies, Digital Assets are not backed by governments or central banks. They are not protected by government deposit protection schemes. Digital Assets may be extremely volatile. Digital Assets technology is extremely nascent and unproven. Digital Assets software and providers are regularly subject to hacking attempts resulting in loss of funds.
Protocol failure. A Virtual Currency protocol may fail resulting in total loss of Virtual Currencies held by Users.
Disasters. Disasters may damage the Virtual Currencies systems resulting in loss of Virtual Currencies held by Users.
Hack. It is always possible that the Services’ front-end, back-end, cold, and/or hot wallet may be the victim of a successful hack. As seen on other branded wallets and crypto exchanges, hackers’ main aim is to steal User funds. Virtual currencies, Stablecoins, and Commodity-backed cryptocurrencies. Digital Assets, and other forms of cryptographic tokens (may be subject to expropriation and/or theft; hackers or other malicious groups or organizations may attempt to interfere with our system/network in various ways, including malware attacks, denial of service attacks, consensus-based attacks, Sybil attacks, smurfing, and spoofing which may result in the loss of your Cryptocurrency, the loss of your ability to access or control your Cryptocurrency. In such an event, there may be no remedy, and holders of Cryptocurrencies are not guaranteed any remedy, refund, or compensation. The regulatory status of Cryptocurrencies is currently unsettled, varies among jurisdictions, and is subject to significant uncertainty. It is possible that in the future, certain laws, regulations, policies or rules relating to cryptography and cryptocurrencies, blockchain technology, or blockchain applications may be implemented which directly or indirectly affect or restrict cryptographic coins/token holders’ right to acquire, own, hold, sell, convert, trade, or use Cryptocurrency. The uncertainty in tax legislation relating to cryptography and Cryptocurrencies (including digital assets) may expose Cryptocurrency holders to tax consequences associated with the use or trading of Cryptocurrencies. Digital assets and financial products and services carry significant risks. Our Company is not responsible for any potential loss in case of issuer’s problems. Potential purchasers should assess the nature of, and their own appetite for, relevant risks independently and consult their advisers before making any decisions.
8. Termination
8.1 We or our Service Provider may terminate this License immediately at any time for whatever reason.
8.2 Upon termination for any reason:
a – All rights granted to you under this License shall cease
b – You must immediately cease all activities authorised by this License
c – You must immediately delete or remove the Software from all computer and mobile equipment in your possession, and immediately destroy or return to us (at our option) all copies of the Software and Documents then in your possession, custody or control and, in the case of destruction, certify to us that you have done so.
9. Politically Exposed Person
A politically exposed person (PEP) is an individual who is or has been entrusted with a prominent public function. PEP by association is when you are related, married, associated to a known PEP. You agree to the terms of all Company and Services programs, policies, and guidelines, including without limitation, the AML/KYC policy, not to be a PEP or a PEP by association. The Company reserves the right to terminate this agreement if it has enough information to confirm or suspect that you are a PEP or a PEP by association.
10. Communications Between us
10.1 If you wish to contact us in writing you can e-mail at [email protected]. We will confirm receipt of this by contacting you in writing, normally by e-mail.
11. Other Important Terms
11.1 We or our Service Provider may transfer our rights and obligations under this License to another person or entity, but this will not affect your rights or our obligations under this License.
11.2 You may only transfer your rights and your obligations under this License to another person only upon our advance written approval.
11.3 This License constitutes the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this License. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this in this License.
11.4 Waiver. No action or inaction of the company or our Service Provider should be considered a waiver of any right of the company. If we fail to insist that you perform any of your obligations under this License, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
11.5 Our Company and our Service Provider shall assume no responsibility for any loss or damage that may be incurred due to the failed recovery of the wallet or not recording the recovery/backup passphrase (security code, recovery code), loss of data, erroneous transmission of cryptocurrency, loss of recovery passphrase, leaked ID/password to third parties, and hacking by third parties.
11.6 Each of the conditions of this License operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
11.8 Regarding the contents of this license agreement, in the event that any difference or inconsistencies arise between the various translations, the English version shall prevail.
12. Governing and Choice of Law
This License, its subject matter, and its formation (and any non-contractual disputes or claims) are governed by United States law. Any dispute, controversy, or claim arising out of or relating to this Agreement including any question regarding its existence, interpretation, validity, breach, or termination or the business relationship created by it shall be referred to and finally resolved by arbitration under the American Arbitration Association Rules. The place of the arbitration shall be Nevada. There shall be 1 arbitrator. The language of the arbitration shall be English. An oral hearing need not be held. There will be no appeal from the decision of the Arbitral Tribunal on questions of fact, law, or mixed fact and law.