The Platform and the Services are subject to these terms of service ("Terms"). By using the Platform or the Services, you agree that you have read, understood and agree to these Terms which shall form a legal agreement between you and POPCHAIN. These Terms may be revised from time to time in accordance with Clause 9. If you do not agree with any of the foregoing, you must immediately cease access and use of the Services.
1.1. In these Terms, unless the context otherwise requires, the following definitions shall apply:
"Applicable Laws" means all applicable statutes, enactments, acts of the state legislature or parliament, laws, ordinances, rules, bye-laws, regulations, notifications, guidelines, directions, directives and orders of any governmental authority, statutory authority, tribunal, board, court or recognized stock exchange, as may be applicable, international treaties and regulations.
"Clause" means a clause in these Terms. "Content" has the meaning given to it in Clause 3.3.
"Cryptocurrency" means any cryptocurrency supported by the Platform and excludes, unless expressly specified by POPCHAIN on the Platform, any derivative coins or tokens which interact with the aforesaid cryptocurrency.
"POPCHAIN" means POPCHAIN FOUNDATION LIMITED.
"Intellectual Property Rights" means all intellectual property rights, including without limitation any copyrights, adaptation rights, publishing rights, reproduction rights, rights to communicate to the public, public performances, synchronization rights, rights to be named as creator of the work, artist names, patents, utility models, circuitry, rights of patent, rights to inventions, design patents, designs, trademarks, trade names and business names (including Internet domain names and e-mail address names), service marks, brands, slogans, commercial symbols, logos, rights in software, database rights, rights to preserve confidential information (including know- how and trade secrets) other designations, inventions, trade secrets, know- how and/or any other industrial and/or intellectual property rights, whether registered or unregistered and all applications therefor.
"Losses" means all penalties, losses, settlement sums, costs (including legal fees and expenses on a solicitor-client basis), charges, expenses, actions, proceedings, claims, demands and other liabilities, whether foreseeable or not.
"Modifications" has the meaning given to it in Clause 9.
"Platform" means the online platform established and managed by POPCHAIN.
"Policies" means any relevant guidelines, policies, notices or instructions which POPCHAIN may issue from time to time in respect of the Services.
"Private Key" has the meaning given to it in Clause 4.2(d).
"Services" means the services which are made available from time to time by POPCHAIN through the Platform and includes any software which POPCHAIN may include as part of the Services.
"Wallet" has the meaning given to it in Clause 4.1(c).
1.2. In these Terms, unless the context otherwise requires:
(a) The headings are for convenience of reference only and shall not affect the interpretation or be used in the construction of these Terms;
(b) Reference to an agreement or document (including a reference to these Terms) is to the agreement or document as amended, supplemented, novated or replaced;
(c) References to writing includes any method of representing or reproducing words, figures, drawings or symbols in a visible and tangible form, whether in a physical document or in an electronic communication or form or otherwise;
(d) Reference to the singular shall include references to the plural and vice versa;
(e) References to legislation or to a provision of legislation includes a modification or re-enactment of it, a legislative provision substituted for it and a regulation or statutory instrument issued under it;
(f) Mentioning anything after "includes", "including", "for example", or similar expressions, does not limit what else might be included; and
(g) Nothing in these Terms is to be interpreted against a party solely on the ground that the party put forward these Terms or a relevant part of it.
2.1. By accessing or using the Services, you represent and warrant on an ongoing basis that:
(a) If you are an individual, you are of the legal age of majority in your jurisdiction as is required to enter into these Terms, and you have the capacity to enter into these Terms and the transactions contemplated under these Terms;
(b) If you are accessing or using the Services on behalf of an entity, you have the authority to bind such entity to these Terms and the transactions contemplated under these Terms, and all references to "you" and similar expressions in these Terms shall mean that entity;
(c) You are not subject to any Applicable Laws which would restrict or prohibit your access or use of the Services; and
(d) Any funds used by you in connection with the Platform are owned by you, and all transactions initiated with your Wallet are for your own account and not on behalf of any other person or entity.
2.2. In respect of the Services, you shall comply with these Terms, any relevant Policies and the Applicable Laws. In particular, you shall not misuse the Services or do (or attempt to do) any of the following acts:
(a) Violate any Applicable Laws;
(b) Access or use the Services by any means other than the interface made available by POPCHAIN;
(c) Circumvent any access or use restrictions put into place to prevent certain access or use of the Services;
(d) Interfere with any other party's use or enjoyment of the Services;
(e) Obtain unauthorized access to any Services, any server of POPCHAIN, any computer systems or networks connected to any server of POPCHAIN or to any of the Services;
(f) Use the Services in any manner which may interfere with, disrupt, disable, overburden or impair the any server of POPCHAIN, any computer system or network connected to the server of POPCHAIN;
(g) Use or transmit any data, software or material which contains or which may contain viruses, worms or other potentially harmful components which may infect, damage or otherwise interfere with any Services, any server of POPCHAIN, any computer systems or networks connected to any server of POPCHAIN or to any of the Services;
(h) Modify, reverse engineer, decompile, disassemble, create derivative works or attempt to discover any source code or underlying ideas or algorithms of any Services;
(i) Harvest or otherwise collect Personal Data about other users of the Services;
(j) Infringe any of the Intellectual Property Rights of any party (including POPCHAIN);
(k) Engage in any unlawful or fraudulent activity, including (for example) any transactions involving prohibited or controlled substances, illegal content and services, money-laundering or the funding of terrorism; or
(l) Cause or permit any third party to do any of the foregoing.
3.1. In consideration of your use of the Platform, and subject always to these Terms, POPCHAIN grants you a limited, royalty-free, non-exclusive, non- transferable, non-sublicensable and revocable right to use the Platform and the Services for the sole purpose of facilitating the sending, receiving and storing of Cryptocurrencies and User Data.
3.2. POPCHAIN and its licensors shall remain the sole owner of all rights, titles, and interests in and to the Platform and the Services. POPCHAIN reserves all rights not expressly granted under these Terms.
3.3. You acknowledge and agree that by submitting (by any means) any content or material (including, without limitation, any feedback or suggestion) regarding the Platform and the Services ("Content") to POPCHAIN, you are granting POPCHAIN the unrestricted right to use, copy, sublicense, distribute, transmit, display, reproduce, edit, translate and reformat your Content for any purpose without any obligation to you.
4.1. You may use the Services to:
(a) Generate and store private key to manage and store data and cryptocurrency.
(b) Create decentralized identity (DID) which is known for POPWallet ID. POPWallet ID is essentially a smart contract address that serves as an on- chain identifier. POPWallet ID is linked to the POPCHAIN blockchain as smart contract.
(c) Generate and store cryptocurrency wallet addresses ("Wallet"); and
(d) Store and transfer cryptocurrency and user data with 3rd party sites or applications of user's choice upon user's consent and authentication
(e) Submit transaction requests relating to any Cryptocurrency to the relevant cryptocurrency network in accordance with the instructions you provide via the Services. By submitting any transaction request, you authorize POPCHAIN to submit your transaction request to the relevant third-party networks in accordance with the directions you provide.
4.2 You acknowledge and agree that:
(a) Neither the Platform nor any of the Services stores, sends or receives Cryptocurrencies or user data.
(b) You will be responsible for keeping your own account secrets private. These secrets may include your designated recovery network, a seed phrase, or other security features.
(c) You acknowledge your understanding that any person with knowledge of your seed phrase may generate your private keys. You further acknowledge that POPCHAIN does not own your private keys or the seed phrase. POPCHAIN has no ability to recover your private keys or your seed phrase should they become lost.
(d) Your private key, corresponding to your POPCHAIN identity address is stored in the keychain controlled by the "secure enclave" of your device. You shall institute proper and sufficient password or biometric protection within your device and regularly update the operating system of your device with any software or security updates.
(e) The security of the security enclave of your device is dependent on the manufacturer of the device. If you have reason to believe the security of your device's security enclave has been compromised, you agree to stop the use of POPCHAIN and to seek assistance directly with the device's manufacturer.
(f) You agree to:
(i) Keep your secret information confidential and to not share it with anyone else;
(ii) Not share your seed phrase with anyone and to store it in a secure manner;
(iii) POPCHAIN cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
(g) You acknowledge that:
(i) Because transactions on the POPCHAIN blockchain are immutable, the record of your POPWallet ID's on-chain transactions are also immutable and cannot be deleted from the POPCHAIN blockchain;
(ii) Your POPWallet ID is not tied to your natural name or personal information, and POPCHAIN does not collect data that would enable the two to be linked or associated together.
(h) POPCHAIN does not own or operate the third-party servers used to store ID Data. The security and safety of the data is dependent on the owner and operator of the third-party servers. You acknowledge that in the event the security or integrity of the third-party servers are compromised, your ID Data may be completely or partially damaged and/or lost.
4.3. By using any of the Services, you represent and undertake that you understand the risks associated with cryptographic systems and the usage of cryptocurrencies. In particular, you acknowledge and agree that:
(a) POPCHAIN does not have any control over your Wallet or any Cryptocurrency;
(b) You may not cancel, change or reverse any transaction initiated using the Services;
(c) POPCHAIN makes no warranty as to the value of any Cryptocurrency, or that any transaction request submitted as part of the Services will be completed;
(e) POPCHAIN does not store any private keys, usernames, backup phrases or passwords ("Private Key");
(f) POPCHAIN shall not be responsible for any error or omissions that you may make in connection with any transaction initiated using the Services;
(g) POPCHAIN shall not be responsible for any Losses resulting from your loss, or failure to secure, your Private Key; and
(h) You shall be entirely responsible for:
(i) Maintaining the confidentiality of, and securing, your Private Key and Wallet (please note that if you lose your Private Key, POPCHAIN will not be able to recover it for you and you may permanently lose access to your Cryptocurrencies);
(ii) All activities (whether or not authorized by you) relating to your Wallet and data storage.
(i) POPCHAIN intends to update the code underlying the Services to account for any advances in cryptography and to incorporate additional security measures, but does not guarantee or otherwise represent full security of the system.
(j) As an emerging technology, POPCHAIN could be impacted by one or more regulatory inquiries or regulatory actions, which could impede or limit the ability of POPCHAIN to continue to develop, or which could impede or limit your ability to access or use the Service or POPCHAIN blockchain.
(k) Services may:
(i) May contain bugs, errors and defects;
(ii) May function improperly or be subject to periods of downtime and unavailability;
(iii) May result in total or partial loss or corruption of transaction data; and
(iv) May be modified at any time, including through the release of subsequent versions, in each case with or without notice.
5.2. In the event that, as a result of your use of the Services, you obtain the Personal Data of any other party, you undertake to comply with each of the following:
a) All applicable Data Protection Legislation, and any relevant Policies. In the event of any overlap, conflict, or inconsistency in the obligations under applicable Data Protection Legislation, the obligation which affords the higher data protection levels will prevail; and
(b) You shall notify and obtain consent from such other party before collecting, using or disclosing (as applicable) any Personal Data of such other party.
6.1. The Platform and the Services are provided on an "as is" and "as available" basis. No representations or warranties of any kind, implied, express or statutory, including the warranties of non-infringement of third-party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, are given in conjunction with the Platform or the Services. Without prejudice to the generality of the foregoing, POPCHAIN does not warrant any of the following:
(a) The accuracy, timeliness, adequacy, commercial value or completeness of all data and information contained in the Services;
(b) That the Services are free from any computer viruses or other malicious, destructive or corrupting code, agent, program or macros; or
(c) The security of any information transmitted by you or to you through the Services, and you accept the risk that that any information transmitted or received through the Services may be, for example, accessed by unauthorized third parties or disclosed by POPCHAIN or its officers, employees or agents to third parties purporting to be you or purporting to act under your authority.
Transmissions over the Internet and electronic mail may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the Internet.
6.2. POPCHAIN shall not be liable to you for any Losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:
(a) Any access, use or inability to use the Services;
(b) Unforeseen circumstances preventing the proper performance of the Platform despite any reasonable precautions taken by POPCHAIN. Such circumstances include, but are not limited to, act of God (such as, but not limited to, fires, explosions, earthquakes, and floods), power outage, theft, equipment or system failure, hacking attack and unusually high levels of use which have the effect of causing disruption or delay in the Services;
(c) Any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and
(d) Any use of or access to any other website or webpage linked to the Services, even if advised of, or having contemplated, the possibility of such liability.
6.3. Any risk of misunderstanding, error, damage, expense or Losses resulting from the use of the Platform is entirely at your own risk and POPCHAIN shall not be liable therefor.
6.4. Notwithstanding anything in these Terms, certain Applicable Laws may imply warranties or conditions or impose obligations upon POPCHAIN which cannot be excluded, restricted or modified except to a limited extent. To the extent that such legislation applies, these Terms shall be read subject to such Applicable Laws and nothing in these Terms is intended to alter or restrict the operation of such Applicable Laws.
7.2. POPCHAIN reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with POPCHAIN in the defense of such matter.
The Service provides, or third parties may provide, links to other World Wide Web or accessible sites, applications or resources. Because POPCHAIN has no control over such sites, applications and resources, you acknowledge and agree that POPCHAIN is not responsible for the availability of such external sites, applications or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that POPCHAIN 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 use of or reliance on any such content, goods or services available on or through any such site or resource.
POPCHAIN reserves the right, at its sole discretion, to modify or replace the Terms at any time. The most current version of these Terms will be posted on our Site. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you after any modification to the Terms constitutes your acceptance of the Terms as modified.
10.1. These Terms will continue to apply unless terminated in accordance with this Clause 10.
10.2. POPCHAIN reserves the right to terminate these Terms with immediate effect, or to disable, suspend or terminate your access to and use of the Services, without prior notice or liability.
10.3. You may terminate these Terms by ceasing use of the Platform and the Services at any time and you need not specifically inform POPCHAIN when you cease to use the Platform and Services.
10.4. Upon the termination of these Terms for any reason, all rights granted by POPCHAIN to you under these Terms will automatically terminate with immediate effect.
10.5. Termination of these Terms for any reason shall not affect any rights, remedies, obligations or liabilities that have accrued up to the date of termination, including the right to claim damages in respect of any breach which existed at or before the date of termination.
10.6. On termination of these Terms for any reason, Clauses which are by their nature intended to survive shall continue in force and effect. Such Clauses include, for example, Clauses 3 (Rights relating to the Platform and the Services), 5 (Data Protection), 6 (Limitation of Responsibility and Liability), 7 (Indemnities), 10 (Termination), 11 (No Third-Party Beneficiaries), and 12 (General Provisions).
11.1. You agree that, except as otherwise expressly provided in these Terms,
(a) There shall be no third-party beneficiaries to the Terms and
(b) Nothing in these Terms shall be construed as creating or implying any relationship of agency, franchise, partnership, or joint venture between you and POPCHAIN.
12.1. Entire Agreement. These Terms (and the documents referred to in these Terms) shall constitute the entire agreement between you and POPCHAIN relating to the subject matter hereof, and supersedes and replaces in full all prior understandings, communications and agreements between you and POPCHAIN with respect to the subject matter hereof.
12.2. Severability. If at any time any provision of these Terms shall be or shall become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of these Terms shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these Terms.
12.3. Force Majeure. POPCHAIN shall not be in breach of these Terms or liable for delay in performing, or failure to perform, any of its obligations under these Terms if such delay or failure result from events, circumstances or causes beyond its reasonable control. Such circumstances include, but are not limited to, act of God (for example, fires, explosions, earthquakes, and floods), power outage, theft, equipment or system failure, hacking attack and unusually high levels of use which have the effect of causing disruption or delay in the Services. In such circumstances, the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed.
12.4. Rights of Third Parties: No person, other than you or POPCHAIN (and its affiliates), shall have the right to enforce any provision of these Terms. Nothing in the foregoing shall affect the rights of any permitted assignee or transferee of these Terms.
12.5. Waiver. No failure or delay by POPCHAIN to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
12.6. GOVERNING LAW
No matter where you're located, the laws of Singapore will govern these Terms and the parties' relationship as if you signed these Terms in Singapore, without regard to conflicts of laws rules. If any provisions of these Terms are inconsistent with any applicable law, those provisions will be superseded or modified only to the extent such provisions are inconsistent. The parties agree to submit to the courts in Singapore for exclusive jurisdiction of any dispute arising out of or related to your use of the Services or your breach of these Terms. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue, or forum non-conveniens in any such action.
12.7. Communications. Users with questions, complaints or claims with respect to the Service may contact us at firstname.lastname@example.org.
The terms of service effective date April. 29, 2019.
In the event that these Terms are executed or translated in any language other than English, the English language version of these Terms shall govern and shall take precedence over the translated version.
Please note that this Policy does not apply to information collected through third-party websites or services that you may access through the Services or that you submit to us through email, text message or other electronic message or offline.
1.1. When you access and use the Platform or the Services, you do so anonymously without having to provide any Personal Data. Notwithstanding, POPCHAIN may collect Personal Data when:
(a) You contact POPCHAIN, or request that POPCHAIN contacts you, for any reason, or
(b) You submit your Personal Data to POPCHAIN for any reason.
1.3. POPCHAIN may collect information relating to the general use of the Platform such as errors, log information concerning any errors encountered in the application and other related information relevant to POPCHAIN's provision of the Services, for the purpose of administration and error analysis to help POPCHAIN improve its Services.
1.4. If you provide POPCHAIN with any Personal Data relating to a third party, by providing such Personal Data to POPCHAIN, you represent and warrant to POPCHAIN that you have obtained the consent of such third party and are authorized by the third party for the relevant purposes.
1.5. You shall ensure that all Personal Data submitted to POPCHAIN is accurate and complete. Please note that failure to do so may result in, amongst others, POPCHAIN being unable to respond to your request.
1.6. You may withdraw your consent at any time after giving reasonable notice by submitting your request to email@example.com. Following the withdrawal of your consent, POPCHAIN shall no longer collect, use or disclose your Personal Data unless consent is again obtained or as authorized under the applicable laws. The withdrawal of your consent may however result in certain consequences. In certain cases, POPCHAIN may not be in the position to continue to provide its Services to you.
Any collection, use and disclosure of your Personal Data by POPCHAIN shall be for the purpose of providing customer or technical support to you only.
4.1. POPCHAIN shall take reasonable steps to protect your Personal Data against unauthorized disclosure.
4.2. POPCHAIN may disclose your Personal Data to third parties (e.g. affiliates, service provides or support agents) who are engaged to provide services to POPCHAIN or who help POPCHAIN in the course of its business operations. In the event POPCHAIN so discloses Personal Data, such third parties will only have access to your Personal Data to the extent necessary to perform their functions and POPCHAIN will conduct oversight over such service providers to ensure the secure management of Personal Data.
4.3. POPCHAIN reserves the right to disclose your Personal Data in compliance with Applicable Laws.
4.4. POPCHAIN does not sell your Personal Data to any third parties.
4.5. In the event that POPCHAIN is in possession of any Personal Data, POPCHAIN may transfer, store, process or deal with such Personal Data outside Cayman Island. In doing so, POPCHAIN shall continue to comply with the applicable laws and applicable Data Protection Legislation.
5.1. POPCHAIN shall take reasonable steps to secure and protect your Personal Data (if any) in its possession or control by making reasonable security arrangements to prevent unauthorized access, collection, use, disclosure, modification, disposal or similar risks to Personal Data.
5.2. Notwithstanding, POPCHAIN cannot ensure the security of the information you transmit to POPCHAIN via the Internet or the Platform, and shall not be liable for any Losses arising from any unauthorized collection, use or disclosure of Personal Data whatsoever.
POPCHAIN reserves the right to change this Policy at any time for compliance with the Applicable Laws and for consistency with the manner POPCHAIN deals with your Personal Data. If POPCHAIN makes any material changes to this Policy, the revised Policy will be posted here, so that you are always aware of what information we collect, how we use it and under what circumstances we disclose it. By accessing the Platform and/or using the Services, you are deemed to have agreed to such revised Policy.
Please check this page frequently to see any updates or changes to this Policy.
The terms of service effective date April. 29, 2019.
In the event that these Terms are executed or translated in any language other than English, the English language version of these Terms shall govern and shall take precedence over the translated version.