User Service Agreement for the iToken HD APP
The iToken HD App is a mobile-terminal-based platform for the security management of digital assets that
provides the users thereof with security management services for digital assets (hereinafter referred to
as "the Platform"). The Platform provides services to the users registered with the Platform
(hereinafter referred to as "the Users") in accordance with the terms and conditions of this Agreement
(defined below), and this Agreement shall be legally binding on and between the Users and the Platform.
The Platform hereby reminds the Users to carefully read and fully understand the terms and conditions of
this Agreement, especially those terms and conditions of this Agreement that exclude or limit the
liability of the Platform and exclude or restrict the rights and interests of the Users. The Users shall
read carefully and choose to accept or reject this Agreement. Unless a User accepts all the terms and
conditions of this Agreement, the User shall not be entitled to use the services provided by the
Platform on the basis of this Agreement. If the User does not agree to the content of this Agreement, or
refuses to recognize the right of the Platform to make unilateral amendments to this Agreement at any
time, the User shall promptly stop using and cease to access the Platform. By registering as a User of
the Platform or using the services offered, a User shall be deemed to have fully understood and fully
accepted all the terms and conditions of this Agreement, including any amendments that this Company may
make to this Agreement at any time.
For the convenience of wording in this Agreement, the Platform is collectively referred to as "we"
or other applicable forms of first person pronouns in this Agreement. All natural persons and other
visitors who log into this Platform shall be referred to as "User/you" or other applicable forms of
the second-person pronouns. You and the Users are collectively referred to as “both parties”, and
individually as “one party” herein.
Chapter 1 Definition and Interpretation
Article 1 In this Agreement, the following terms and expressions shall have the meanings ascribed to
them below, unless any term or condition herein requires otherwise:
(1) This Agreement: it consists of this Service Agreement, the Terms of Privacy, the Legal
Statement, as well as any other rules, annexes, statements, guidelines, inter alia that have
been or may be released published on the Platform.
(2) Force Majeure: it includes maintenance of information network equipment, failure of access
to information networks, failures of computer, communication or other systems, power failures,
the weather, accidents, industrial actions, labor disputes, riots, insurrections, disturbances,
inadequacy in productivity or means of production, fires, floods, storms, explosions, wars or
other factors on the part of cooperation partners, collapse of the digital asset market,
government actions, judicial or administrative orders, and other circumstances that are beyond
the control of the Platform.
(3) Creating or importing a Wallet: it refers to the process of creating or importing a Wallet
using the Platform after the User accepts this Agreement.
(4) Affiliated companies: if a company directly or indirectly controls another company, or is
directly or indirectly under the control of another company, or otherwise has significant
influence over another company or is under the significant influence of another company, the
former is then an affiliated company of the latter.
(5) Public Keys: they are generated with private keys through one-way derivation with the help
of cryptographic principles, and are used to generate the addresses of blockchain digital
Wallets, which are open addresses for receiving payments.
(6) iToken HD (or Wallets): digital assets Wallets developed based on blockchain, including other
auxiliary tools developed to facilitate Users in using the blockchain system.
(7) Wallet Password: it refers to the password that a User chooses for the Wallet that the User
creates. The password will be used to encrypt and protect the private key. The iToken HD is a
decentralized application, and the password to the iToken HD is not stored in the User’s mobile
devices or the Platform server; therefore, if the User forgets the password of his/her/its
Wallet, the User must set a new Wallet password with the help of his/her/its private key or
(8) Identity: it refers to the digital identity of a User generated based on the User's
public-private key pair.
(9) User’s Guide: it refers to the guide provided by the Platform for the Users to help them
understand the basic knowledge of blockchain and basic operation procedures of the Platform
before and/or after the Users use the Platform.
(10) Private Key: a private key is composed of 256-bit random characters and is the key for
Users to own and use their digital assets.
(11) Tips: the information involved in the Platform’s operation interface; the Users are advised
to follow such tips so as to operate according to relevant procedures.
(12) Message center: it refers to inbox through which the Users can receive the messages or
notices sent by the Platform.
(13) Intellectual Property Rights: it shall have the meaning ascribed to it under Article 92 of
(14) Mnemonic Words: they refer to 12 (or 15/18/21/24) ordered words generated by random
algorithm that conform to the blockchain BIP 39 industry standards. They are a form of easy
record of private keys and easy for Users to backup and keep.
Article 2 All codes or statutes or administrative regulations cited in this Agreement shall refer to
the latest amended version thereof, regardless of whether such amendment is made before or after the
signing of this Agreement.
Article 3 The headings of the terms and conditions of this Agreement are for convenience only and
shall not be used for the purpose of interpreting the terms and conditions of this Agreement.
References herein to any statement, term, condition, annex, schedule shall refer to statements,
terms, conditions, annexes, and schedules hereunder.
Article 4 The term “include” used herein shall, under any and all circumstances, always have the
meaning of “including but not limited to” ascribed to the term, unless this Agreement requires
Article 5 Unless it is agreed otherwise herein, shall there be any conflict or inconsistency between
the documents hereunder, the validity of the documents shall be prioritized in the following order,
so as to resolve such conflict or inconsistency:
- (1) User Service Agreement of iToken HD App;
- (2) Terms of Privacy of iToken HD App;
- (3) Other agreements, rules and guidelines.
Article 6 The Users may choose from among different language versions of the Platform. shall there
be any inconsistency or conflict between the different language versions in terms of content, or
shall there be any omission in one language version, the Chinese version of the Platform shall
Chapter 2 Basic Terms of the Platform
Article 7 The Platform is a platform for the security management services of digital assets. The
Platform services are provided by this Company to its Users through various means, such as the
Platform and clients. The specific content of the services mainly includes: security management
services for digital assets, release of digital asset trading information, User services and other
transaction facilitation services, subject to the content of the services actually provided by the
Article 8 In order to protect the Users’ rights and interests, the Users shall carefully read and
fully understand all the terms and conditions of this Service Agreement before the Users choose to
use the Platform services on the basis of their free will. Upon the Users' use of the Platform
services, it shall be deemed that the Users fully understand and accept this Agreement and any and
all subsequent amendment that the Platform may make thereto at any time; and if the Users breach
this Agreement, the Users shall be held legally responsible for any and all legal consequences of
Article 9 During the performance of this Agreement, the Platform may amend this Agreement on the
basis of actual situations. Upon any change to the content of this Agreement, the Platform will then
release the latest version of this Service Agreement, as amended, without notifying each User one by
one. If a User does not agree with the amendment of this Agreement made by the Platform, the User
has the right to stop using the Platform services. If the User continues using the Platform
services, it shall be deemed that the User accepts the amendment made by the Platform to this
Agreement and the User will perform this Agreement as is amended.
Article 10 As for the Platform's notices to the Users, and any other agreements, announcements or
other notices in connection with the Users' use of the services hereunder, the Users agree that the
Platform may deliver such notices, agreements and announcements by such electronic means as
intra-Platform announcements, intra-website messages, e-mails, mobile phone short text messages,
wireless communication devices, inter alia, or by such physical means as by post. Such notices,
agreements and announcements shall be deemed to have been duly served on the addressees on the day
when they are delivered (if they are sent to the Users by post, they shall be deemed to have been
served on the third natural day after they are posted to the contact addresses that the Users
register with the Platform). If a User fails to receive any of the aforesaid notices, agreements or
announcements on the date when it is deemed to have been served due to reasons not attributable to
the Platform (including inaccurate or invalid e-mail address, mobile phone number, contact address,
failures in information transmission, inter alia), the Platform shall not be held responsible in any
Article 11 In order to avoid any incorrect operation of its iToken HD or prevent any security risk
relating to digital tokens to the greatest extent possible, the Users shall avoid using the Platform
without having mastered the basic knowledge of blockchain. The Company reserves the right to refuse
to provide part or all of the service functions to the Users who do not have the basic knowledge of
Article 12 The Users understand that under any of the following circumstances, the Company will
suspend the services provided to the User (or completely terminate the Services):
(1) The operation of the Platform is interrupted due to technical reasons such as the
maintenance, upgrading or error of the equipment or the block chain system fault, or any
(2) If the Platform is unable to provide services due to force majeure or other factors, and the
Platform reasonably believes that it will be at great risk if it continues providing the
- (3) Where there is any major adverse change in any of the applicable laws or policies; or
(4) Where there arises any circumstance that is beyond the control or reasonable foresight of
Article 13 If the Platform changes, discontinues or terminates the services, the User has the right
to export the Wallet information within a reasonable period of time.
Chapter 3 Creation of a Wallet
Article 14 A User must create a Wallet on the Platform before the User may access the Platform
Article 15 Natural person Users who create Wallets shall be natural persons who are at least 18
years of age, or are deemed under the law of the country where they are located as natural persons
having full capacities for civil rights and civil conducts and capable of independently bearing
Article 16 An institutional user who is a legal person, organization or any other institution and
intends to create a Wallet on the Platform shall designate a representative who is a natural person
that is at least 18 years of age or is deemed under the law of the country where such natural person
is located as having full capacities for civil rights and civil conducts and capable of
independently bearing civil liabilities to complete the creation of the Wallet on the Platform on
behalf of such legal person, organization or institution.
Article 17 This Agreement will pop up on the web page when a User first creates the Wallet for the
first time. Upon the User’s clicking on the "I Agree" button, the User or the organization that the
User is duly authorized to represent shall be deemed as having agreed to the entire content of this
Agreement, and the User or the institution that the User represents shall be bound by this
Agreement. If the User does not have any of the qualifications required under Article 15 or Article
16 of this Agreement, then the User and the institution that the User is authorized to represent
shall bear any and all the consequences resulting therefrom, and the Platform reserves the right to
hold the User and the institution that the User is authorized to represent accountable.
Article 18 Before or after a User’s creation of Wallet on the Platform, the Platform shall have the
right to refuse to provide the services to the User, as is required by any of the applicable laws,
regulations, rules, orders and other regulatory documents of the country or region where the User is
Article 19 A User shall hereby make the following undertakings:
(1) It is for legal purposes that the User creates the Wallet on the Platform and uses the
Platform services and the User does not have any intention to use the Platform to violate any
law or regulation;
(2) The User must guarantee and undertake that the fund the User deposits in the iToken HD thereof
is from legal sources;
(3) In addition to this Agreement, the User shall also comply with all rules issued and updated
by the Platform from time to time, including announcements, User’s guidelines, risk alerts,
Article 20 If the User violates any of the undertakings thereof under Article 19 of this Agreement:
(1) The Platform has the right terminate or refuse to provide the User with access to part or
all of the functions of the Platform services. In this case, the Platform shall not be held
responsible in any manner whatsoever, and the User agrees to bear any and all direct or indirect
expenses or losses arising therefrom;
(2) The User shall bear any and all direct or indirect losses and adverse consequences arising
from the User’s breach of any of the undertakings, and the Platform reserves the right to hold
the User accountable.
Article 21 The User chooses to use the Platform’s services on the basis of the free will of the
User, and the Platform does not force, induce, cheat or influence the User by other unfair means in
Chapter 4 Content of Platform Services for Registered Users
Article 22 The Platform shall provide the following services to Users who have completed
- (1) digital asset security management services;
- (2) real-time quotation and transaction information of digital assets;
- (3) digital assets exchange service;
- (4) providing customer services;
- (5) technical and management services to ensure the normal operation of the Platform;
- (6) other services announced by the Platform.
Article 23 The digital asset security management services mentioned under Article 22 of this
Agreement shall include the following
(1) Account importing: for digital assets supported by the iToken HD, Users may use a new Wallet
generated by a iToken HD, or a compatible Wallet generated by any other Wallet tool that is
imported into the relevant blockchain system.
(2) Transfer and collection of payment: the transfer and collection functions of the iToken HD may
be used to manage digital tokens, that is, to use the private key to make an electronic
signature, so as to modify the account books of relevant blockchain. A transfer is a transfer
operation carried out by the payer using the recipient's ENS domain name or blockchain address,
which involves the effective recording of the transaction in the distributed ledger of the
relevant blockchain system (rather than actually delivering or transferring the digital token).
(3) access to market quotations: Users can use the iToken HD to check market quotations provided by
third parties for digital tokens.
(4) Management of digital tokens: Users can import, keep, or remove other digital asset Wallets
from the operating interface of the iToken HD in addition to the default Wallet.
(5) Currency exchange: the Users can use the digital asset exchange service provided by a third
party, in which the iToken HD is used as the interface tool to help the Users interact with the
third-party service provider and display the corresponding results of digital asset exchange.
(6) Transaction records: the Platform will obtain and display all or part of the Users'
transaction records from the chain, provided, however, the Users shall follow the latest
transaction records of the blockchain.
(7) Suspension of services: in view of the "irrevocability" of blockchain transactions, the
Platform cannot withdraw or revoke transaction operations on behalf of the Users; nonetheless,
under certain circumstances, the Platform may suspend or restrict the operations of Users on the
Article 24 A User agrees and understands that when the User accesses the services provided under
Article 22 of this agreement:
(1) on account of the decentralization advocated by blockchain, and in order to protect the
security of the Users' digital tokens, the Platform provides decentralized services that are
different from those provided by banking financial institutions. The User understands and
accepts that the Platform is not responsible for any of the following matters:
(a) storing the User's Wallet password (i.e. the password set by the User when
creating/importing the Wallet), private key, mnemonic word or Keystore;
(b) retrieving the User's Wallet password, private key, mnemonic word or Keystore;
- (c) freezing the Wallet;
- (d) reporting the Wallet as lost;
- (e) restoring the Wallet; or
- (f) transaction rollback.
(2) the User is exclusively responsible for the safekeeping of his/her/its mobile devices
containing the Wallet thereof, the backup Wallet information, backup of Wallet password,
mnemonic words, private key and Keystore. If the User loses his/her/its mobile devices, deletes
and fails to backup the iToken HD information, deletes without backing up the Wallet, or if the
Wallet is stolen, or the User forgets his/her/its Wallet password, private key, mnemonic word or
Keystore, the Platform is unable to restore or recover the Wallet password, private key,
mnemonic word or Keystore; if the User carries out any incorrect operation (such as entering a
wrong transfer address or wrong exchange amount) in any exchange transaction, the Platform is
unable to cancel the transaction, and the Platform shall not be held liable in any manner
(3) the digital token management services provided by the Platform do not cover any existing
digital assets, and therefore the Users are advised not to operate any digital assets not
supported by the Platform.
(4) the currency-to-currency exchange function provided by the Platform is essentially exchange
between digital token exchanges conducted by Users on the blockchain system using third-party
smart contracts. For services provided on the basis of third-party smart contracts, the Platform
only provides the Users with tools for using such third-party smart contracts, and does not
provide any guarantee in connection with the functions or service quality of such third-party
smart contracts. Users shall judge and assess at their sole discretion whether the services or
transaction provided on the basis of such third party smart contracts involve any risk. The
Users must carefully read and agree to the constantly updated User agreement of the relevant
smart contracts before they may commence such transaction.
(5) the User understands and agrees to follow the information tips published by the Platform and
operate in accordance with such information tips; otherwise, all risks, liabilities, losses and
expenses arising therefrom shall be borne by the User exclusively.
(6) where the Platform reasonably believes that there is any irregularity in the trading
activities or trading of a User, believes that there is anything suspicious about the identity
information of the User, or the Platform believes that it is necessary to require the User to
submit the ID documents or other necessary documents of the User and properly verify such
documents, the User shall actively cooperate with the Platform in checking the User's valid
identity certificates or any other necessary documents, timely complete the relevant
authentication of the User’s identity. The User understands and accepts that the Platform may
limit, suspend or terminate the User's access to the Platform until the User provides
information that meets the Platform's requirements.
(a) the User is aware of the limits on the daily value and number of transfers that the
User is subject to in the Platform services, and such limits may vary depending a range
of factors, including the specific country/region where the User is located, regulatory
requirements, transfer purpose, Platform risk control, authentication, etc.
(b) the User understands that in view of the "irrevocability" of blockchain operation,
when the User uses the transfer function, the User shall bear the consequences that may
arise due to the User' error in operation (including but not limited to where the User
enters a wrong transfer address, problems with the server of the transfer node chosen by
(c) the User acknowledges that when it uses the Platform services, any of the following
situations may lead to unavailability of the transfer function, "transaction failure" of
the transfer or "package timeout":
- i) insufficient balance in the Wallet;
- ii) inadequacy in the transaction miners' fee;
- iii) blockchain fails to execute smart contract code;
iv) exceeding the quota of payment set by any of the competent regulatory
authorities, the Platform or any of the applicable laws and regulations;
- v) technical failure in the network or equipment;
vi) transaction is abandoned due to blockchain network congestion, failure and
vii) the User's address or counterparty’s address is recognized as a special
address, such as a high-risk address.
(d) the User acknowledges that the Platform only provides the User with the transfer
tool. After the User completes the transfer on the Platform, the Company shall be deemed
as having fulfilled all obligations in connection with the service session, and the
Company shall not bear any responsibilities for any other relevant dispute.
(8) the User acknowledges that the daily limit on the value of currency-to-currency exchange is
currently set by a third-party smart contract. The Platform may also set and adjust from time to
time the daily limit on the value of currency-to-currency exchange by the User.
(9) the User acknowledges that the User shall comply with relevant laws, regulations and state
policies when the User conducts operations on the Platform or conducts transactions on the basis
of smart contracts of any third party of the Platform.
Article 25 Except for the services listed under Article 22 of this Agreement and the technical
services announced by the Platform, the Platform cannot provide any investment, legal, taxation or
other professional opinions to the Users in connection with digital asset transactions. Moreover,
any information, discussion, analysis, price and other information provided by any Platform are
general comments in nature and do not amount to advice to the Users in connection with any digital
asset transaction. A User that needs any professional advice shall consult relevant professionals
for professional advice on investment, law, taxation or other professional advice related to digital
currency transactions. The Platform does not assume any direct or indirect losses (including any
loss of profits) caused by a User's reliance on the above-mentioned general comments.
Article 26 The services provided by the Platform shall not be understood as or used to make offers
to Users in any country or region that determines that the services provided by the Platform are
Article 27 The Platform has the right to amend, suspend or permanently terminate part or all of the
services the Platform provides to a User, on the ground of any of the following reasons:
(1) as is required by any of the applicable laws, regulations, rules and orders of the sovereign
country or region where the User is based;
(2) as may be necessary for the Platform to protect the legitimate interests of the Platform or
- (3) any other justifiable reason.
Article 28 If the Platform modifies, suspends or permanently terminates part or all of the services
that the Platform offers to a User based on Article 27 of this Agreement, the effective date of such
modification, suspension or termination shall be subject to the Platform’s announcement.
Chapter 5 Security and Management of Accounts
Article 29 The Users understand and agree that it is the responsibility of the Users to ensure the
confidentiality and security of their accounts and passwords. The Users will assume full liability
for all actions and statements made using the Users’ accounts and passwords and agree to the
(1) Users shall set their passwords in accordance with relevant rules of the Platform and
relevant tips provided by the Platform. The users are advised against choosing overly obvious
words or dates as their passwords, such as the Users' names, nicknames, birthdays, inter alia.
(2) When a User creates a password, the User shall meet all the four requirements listed by the
Platform. When a certain requirement is met, an information tip will appear on the screen. When
and only when all four requirements are met can the password be properly entered;
(3) After the password is entered, the User needs to enter the password for the second time for
verification. If the two passwords entered are inconsistent, a message will pop up on web page
of the Platform;
(4) A message confirming that the password has been successfully created will pop up on the web
page of the Platform only if the two password entered are consistent with each other;
(5) The Users shall not disclose their passwords to any other person, nor shall they use the
passwords of any other person. If the password of a User is illegally used by any other person
due to factors not attributable to the Platform, e.g, hacking, virus or negligence on the part
of the User, the Platform will not assume any liability whatsoever;
(6) The Users are prohibited from giving, lending, renting out, transferring or otherwise
disposing of the wallets they create on the Platform to any third party without the consent of
(7) The Users hereby confirm that all their conducts on the Platform after they log into the
Platform using their passwords shall represent the Users themselves. All the electronic
information records generated by the operation of the Users are valid evidence of the Users’
conducts, and the Users shall bear any and all the responsibilities arising therefrom;
(8) The Users shall adopt appropriate measures to ensure the security of their passwords after
the Platform notifies the Users of foreseeable security risks;
(9) Where any person uses the account and password of a User without due authorization, the
Platform and the legally authorized subject reserve the right to hold the actual user of the
password jointly and severally liable
Article 30 If a User discovers that a third person fraudulently uses or embezzles the User's
password, or such third person’s use of the User’s password involves any absence of requisite and
due authorization, the User shall promptly notify the Platform in an effective manner and request
the Platform to suspend relevant services; otherwise all the responsibilities arising from such use
shall be borne by the User exclusively. Furthermore, the User understands that the Platform needs a
reasonable period of time to take action on the User's request; the Platform shall not be held
liable for any loss that may arise in connection with such third person’s use of the services before
the Platform takes action.
Article 31 The Users shall be responsible for the proper safekeeping of their mobile devices, as
well as their information such as Wallet passwords, private keys, mnemonics and Keystore. The
Company is not responsible for the safe-keeping of such devices or information of the Users. All
risks, responsibilities, losses and expenses caused by the Users’ loss of their mobile devices,
their active or passive disclosure or forgetting of their Wallet passwords, private keys, mnemonic
words, Keystore, or attacks or fraud by others shall be borne exclusively by the Users.
Article 32 Where the Platform deems on its unilateral and independent judgement that any event that
undermines the security of trading may arise, the Platform shall have the right to suspend,
interrupt or terminate all or part of the User services (including payable services) provided to a
User under this Agreement, without notifying such User and without assuming any liability to such
User or any third party. The aforementioned events include:
- (1) where the User deceases;
(2) where the Platform uncovers that any digital asset in the User’s wallet is suspicious or may
(3) Where the Platform believes that the User is suspected of being involved in money
laundering, cash-out, pyramid selling, or the User’s wallet is used without the due
authorization thereof, or the User is under any other circumstance deemed as risky by the
(4) where the User, in the absence of due authorization, uses any other person’s Wallet
information or mobile device;
- (5) Where the User provides any false information to the Platform ;
- (6) where the User refuses any compulsory update by the Platform;
- (7) where the User spreads rumors to damage the goodwill of the Platform;
(8) where the Platform discovers that the User uses any illegal or improper technical means to
engage in any activity that endangers digital assets management;
(9) where the Platform believes that the User has violated any of the rules under this Agreement
or the spirit thereof;
(10) where the Wallet created by the User fails to be logged in or actually used for one year in
a row, and the amount of digital assets in the wallet is zero;
- (11) any other circumstances under which the User breaches this Agreement.
Article 33 The User agrees that if the identity verification procedure for his/her/its User account
fails to be completed, and the account fails to be logged into for a year in a row, the Platform has
the right to terminate the supply of services to such account without prior notice to the User, and
the Platform may promptly suspend, close or delete the User account and all relevant materials and
files in the User account.
Article 34 The User agrees that the suspension, interruption or termination of the User's account
does not represent the termination of the User's responsibilities. The User shall still be liable
for any possible breach of agreement or damages that may arise due to or in connection with such
User’s conduct during the time when such User uses the services provided by the Platform;
furthermore, the Platform may continue keeping relevant information of the User.
Chapter 6 Guarantees and Undertakings of Users
Article 35 The Users undertake that they will never use the Platform services for any illegal
purpose or in any illegal manner, and undertake to abide by the relevant laws and regulations of the
country where they are located, as well as all international practices relating to the use of the
Internet, and abide by all network protocols, rules and procedures related to the Platform services.
Article 36 The Users agree and guarantee that they will not use the Platform services to engage in
any infringement of the rights and interests of any other person or for any illegal conducts, and
they shall bear any and all legal liabilities if they breach such guarantee. The above-mentioned
infringements and conducts include:
(1) accessing the Platform services in the name of any other person without being duly
authorized by such person;
(2) engaging in any illegal transaction, such as trafficking of firearms, narcotics, forbidden
drugs, pirated software or other prohibited items;
(3) providing gambling information or inducing in any manner any other person to engage in
- (4) engaging in suspected money laundering, cash-out or pyramid selling activities;
(5) engaging in any conduct that may result in vulnerability to computer virus or may damage the
Platform services system or data therein;
(6) using the Platform service system to engage in any activity that may adversely affect the
normal operation of the Internet or mobile computer network;
(7) maliciously interfering with the normal proceeding of digital asset transaction and
disrupting the order of digital asset trading;
(8) using any technical means or other means to interfere with the normal operation of the
Platform or interfering with the use of Platform services by any other User;
- (9) maliciously defaming the goodwill of the Platform by fabrication or exaggeration;
- (10) any other conduct that is justifiably deemed by the Platform as inappropriate.
Article 37 The Platform reserves the right to delete all types of information of a User on the
Platform that does not conform to legal policies or is untrue or inappropriate on the basis of the
independent judgement by the Platform, without notifying the User and without assuming any
liability. If the User fails to comply with the above provisions, the Platform has the right to take
measures such as suspending or closing the User’ account on the basis of its own independent
judgement and without assuming any liability.
Article 38 The User agrees that if any third party initiates or launches any claim or demand for
compensation (including attorney fees) on the ground that the User breaches this Agreement or
violates any document that is incorporated into this Agreement by reference and becomes a part of
this Agreement, or that the User’s use of the Platform services violates any law or infringes on any
right of the third Party, the User will indemnify and hold harmless the Platform and affiliated
parties thereof, cooperation partners, directors and employees thereof against such claim or demand.
Article 39 The User undertakes that the information uploaded or released by the User through the
Platform is authentic and valid, and any and all the information the User submits to the Platform is
authentic, valid, complete, detailed and accurate. If the Platform or any other User of the Platform
suffers any loss due to the User’s breach of the above undertakings, the User will assume
Article 40 The Users understand and agree that the Platform provides services to eligible Users
only. The Platform does not assume any liability for the investment or trading of digital assets on
the Platform. The Platform cannot and does not have the obligation to ensure the success of the
Users’ investment. The losses arising from the Users’ investment or transaction of digital assets
shall be borne by the Users exclusively, and the Platform may not be held liable for such loss in
any manner whatsoever.
Article 41 The Users agree to take responsibilities for all activities that occur in their
registered account with the Platform (including information disclosures, information releases,
clicks to agree to various agreements, upload and submission of various documents, clicks to agree
to renew various agreements or clicks to agree to digital cash transactions, inter alia), and during
the above-mentioned activities, if the Users fail to comply with the terms and conditions of this
Agreement or the operating instructions in the trading rules published by the Platform, the Platform
shall not be held liable in any manner whatsoever.
Article 42 The Users agree that the Platform has the right to place various commercial
advertisements or other commercial information of any kind in various ways during the course of
providing Platform services (including placing advertisements on any page of the Platform website),
and the Users agree to accept the commercial promotions or other relevant commercial information
that the Platform sends to the Users by email or other means.
Article 43 The Users agree that if a User has any dispute with a project owner or any other third
party in connection with any digital asset transaction, they shall not request the Platform to
provide relevant information through channels other than judicial or administrative channels.
Chapter 7 Service Interruption or Failure
Article 44 The Users agree that in view of the unique nature of the Internet, the Platform does not
guarantee that services will not be interrupted, nor does it guarantee the timeliness and/or
security of the services. If the system is unable to operate normally due to any event, as a result
of which the Users cannot access any of the Platform services or their access to the services is
adversely affected, the Platform shall not be held responsible to the Users or any third party. The
aforesaid events include:
- (1) where the Platform system is shut down for maintenance.
(2) where there is any error or failure in the telecommunication equipment, as a result of which
it is impossible to transmit data.
(3) where the Platform services are interrupted or delayed due to such factors as hacker
attacks, technical adjustments or failures on the part of network service providers, or website
upgrades, inter alia.
(4) where the Platform system is unable to function due to force majeure factors such as
typhoons, earthquakes, tsunamis, floods, power outages, wars, terrorist attacks, inter alia.
Chapter 8 Scope and Limitation of Responsibilities
Article 45 The Platform does not provide any form of guarantee for any Platform services, including
- (1) the Platform services will meet the needs of the Users.
(2) the Platform services will be provided in a timely manner without any interference or error.
(3) any products, services, information or other materials purchased or obtained by Users
through Platform services will meet the expectations of the Users.
(4) all information, programs, text, data and other information contained in the Platform are
completely safe and free from interference and destruction by any malicious programs such as
viruses and Trojans.
(5) all the calculation results of transactions have been duly verified by the Platform; the
corresponding calculation methods will be publicized on the Platform, but the Platform cannot
guarantee that there is no error or interference in such calculation.
Article 46 A User hereby acknowledges and agrees that under no circumstance will the Platform assume
responsibilities for any of the events below:
- (1) loss in the income of the User;
- (2) loss in the Users’ transaction profits or contractual loss;
- (3) losses arising from interruption, suspension or termination of services;
- (4) losses of expected saved transaction cost;
- (5) losses caused by information transmission problems;
- (6) loss of investment or trading opportunities;
- (7) loss of goodwill or reputation;
- (8) losses caused by loss of or damage to data;
- (9) the cost of purchasing alternative products or services;
(10) any indirect, special or incidental losses caused by infringement (including intentional
infringement and negligence), breach of agreement, or any other reason, regardless of whether
such losses are reasonably foreseeable by the Platform or not, or whether the Platform is
previously informed of the possibility of such losses.
(11) where any of the User’s digital tokens is lost because the User loses his/her/its mobile
device, deletes information in his/her/its iToken HD without any backup thereof, forgets the
password, private key, mnemonic word or Keystore of his/her/its iToken HD without any backup
(12) where any of the User’s digital token is lost because the User leaks their Wallet password,
private key, word mnemonic, or Keystore, lends or transfers his/her/its mobile device or iToken HD
to any other person, or authorizes any other person to use his/her/its iToken HD, or downloads the
App of the Platform from a source other than those official sources designated by the Company,
or otherwise uses the Platform App in an unsafe manner;
(13) where any of the User’s digital tokens is lost due to any incorrect operation by the User
(including but not limited to the User's input of a wrong transfer address, and problems with
the server of the transfer node chosen by the User);
(14) where any of the User’s digital tokens is lost due to any incorrect operation by the User
that is attributable to the User’s lack of knowledge about blockchain technology;
(15) where there is any inconsistency between the User’s transaction records on the blockchain
and those copied by the Platform due to such reasons as any system delay, blockchain
instability, inter alia.
Article 47 The Users understand and agree that under any of the following circumstances, the
Platform has the right to refuse to indemnify the Users for all or part of their losses:
(1) where the Platform reasonably believes that Users' conducts on the Platform are suspected to
be illegal or immoral.
(2) where the Users mistakenly believe that losses are caused by factors attributable to the
- (3) any other losses caused by factors not attributable to the Platform.
Article 48 The quality and content of services provided by any cooperation partner of the Platform
services shall be the responsibility of such cooperation partner itself. The content of the Platform
may involve other websites owned, controlled or operated by third parties (hereinafter referred to
as "Third-party Websites"). The Platform cannot guarantee, and has no obligation to guarantee the
authenticity and validity of any information on the Third-party Websites. The Users confirm to use
the Third-party Website in accordance with the service agreement of the Third-party Websites instead
of this Agreement. The Users shall judge the content, products, advertisements and any other
information of the third-party websites at their discretion and assume the corresponding risk on
their own, all of which are not related to the Platform in any manner whatsoever. The Users shall
judge at their sole discretion any and all data that they download or obtain by using the Platform
services an assume relevant risks; any and all damage caused by the downloaded data shall be
exclusively borne by the Users.
Article 49 The advice or information obtained by Users from the Platform and staff thereof or
through Platform services, whether written or oral, do not constitute any guarantee for Platform
Article 50 The Platform does not guarantee the accuracy, validity, security or integrity of the
external links that it lists in order to provide convenience to the Users. Furthermore, the Platform
does not assume any liability for the content on any web page that such external links may point to
and that is not actually controlled by the Platform.
Article 51 To the extent permitted by law, the Platform shall not be held liable in any manner
whatsoever for any indirect, punitive, special and derivative losses (including business losses,
loss of profits, loss of use data or other economic benefits) in connection with or arising from
this Agreement, or arising from using the Platform, or from using any of the information, content,
materials, products (including software) and services provided to the Users through the Platform, or
from the purchase and use of products, regardless of how they arise, and regardless whether they
arise due to any breach of this Agreement (including any breach of the guarantees or undertakings
hereunder) or infringement. In addition, even if the exclusive relief provided in this Agreement
does not achieve its basic purpose, the Platform shall also be excluded from any liability for the
Article 52 Unless this Agreement stipulates otherwise, under any circumstances, the total liability
of the Platform for breach of agreement under this Agreement shall not exceed the market value of
0.1 etheric coin.
Article 53 Unless this Agreement stipulates otherwise, under any and all circumstances, if a User
breaches this Agreement or any of the laws and regulations of the country where the User is located,
and consequently causes any damage to the Platform, the User shall indemnify the Platform against
any and all direct and/or indirect losses (including litigation costs, inter alia).
Article 54 Both the Platform and the Users recognize that common law remedies for breach of
agreement or possible breach of agreement may not be sufficient to cover all or part of the losses
suffered by the non-breaching party. Therefore, both parties agree that one party to the agreement
has the right to seek injunctive remedies and all other remedies permitted by common law or equity
in the event of breach or possible breach of agreement by the other party to this Agreement.
Article 55 The guarantees and undertakings made by the Platform in this Agreement are the only
guarantees and representations on the basis of which the Platform provides the services under this
Agreement (hereinafter referred to as "agreement guarantees"), and shall supersede all the
guarantees and undertakings made in any other forms and manners (hereinafter referred to as
"non-agreement guarantees"), whether the non-agreement guarantees are made in writing or orally,
explicitly or implicitly. All agreement guarantees are exclusively made only by the Platform, and
are binding on the Platform only, and are not binding on any third party.
Article 56 Users acknowledge and agree that the Platform does not waive any right to which the
Platform is entitled and limits, exempts or offsets the Platform's liability for damages to the
maximum extent permitted by law, even if such right is not referred to herein.
Chapter 8 Risk Warnings
Article 57 Digital asset transactions are extremely risky and are therefore not suitable for most
people in terms of investment. The Users know and understand that part or all of their investment in
digital asset trading may be lost, so the Users shall determine the amount of their investment or
transactions based on the extent of losses they can afford. Therefore, the Users shall carefully
assess their financial situation and various risks before making any decision on investment in or
transaction of digital assets. The Users shall bear any and all losses arising from their decision,
and the Platform shall not bear any liability for Users' investment or trading decisions.
Article 58 The Platform does not provide any guarantee or condition to any User and/or any
transaction, whether express, implied or statutory. The Platform cannot and does not attempt to
control the information released by Users or project owners. The Platform does not undertake any
form of certification and authentication services for such information. The Platform cannot fully
guarantee the authenticity, sufficiency, reliability, accuracy, integrity and validity of all
content on the Platform, and does not need to bear any legal liabilities arising therefrom. The
Users shall base their transaction on their own independent judgement, and assume full liability for
their own judgment.
Article 59 In view of the risks arising from digital asset investment or transaction, if a User has
any doubts as to such investment or transactions, the User shall seek the assistance of professional
consultants in advance prior to transaction or investment.
Article 60 The Platform does not make any express or implied guarantee for its Users to use the
Platform services, including but not limited to the applicability, absence of errors or omissions,
continuity, accuracy, reliability and suitability for a particular purpose. Furthermore, the
Platform does not make any undertaking and guarantee in connection with the validity, accuracy,
correctness, reliability, quality, stability, integrity and timeliness of the technologies and
information involved in the services provided by the Platform.
Article 61 Whether to log into the Platform or use the services provided by the Platform is the
personal decision of individual Users, who shall exclusively bear any and all risks and possible
losses that may arise from such decision. The Platform does not make any express or implied
guarantee in connection with the market, value and price of digital assets. The Users know and
understand the instability of the digital asset market. The price and value of digital assets may
fluctuate significantly or collapse at any time. Engaging in digital asset transaction is the free
choice and decision by individual Users, who shall exclusively bear the risks and possible losses
that may arise.
Article 62 The above clauses do not reveal all the risks and market situations that the Users may be
subject to when they engage in transactions through the Platform. Before making a decision relating
to transaction, the Users shall fully understand the relevant digital assets, adopt a cautious
approach to decision-making based on their own transaction objectives, risk tolerance capacity and
asset status, and assume all risks exclusively on their own.
Article 63 The market quotation access function provided by the Platform only provides access to the
search results of digital token exchange rates provided by some exchanges and is not intended to
provide the latest quotations or the best quotations.
Article 64 If a User or the counter-party thereof fails to comply with this Agreement, relevant
instructions on the website, the operation tips or rules on the transaction or payment web pages,
the Platform will not guarantee the smooth completion of the User’s transaction, and the Platform
shall not be held liable for any damages that may arise whatsoever. In this case and if the payment
relating to such transaction has already been transferred to the iToken HD or a third-party wallet of
the User or the transaction party of the User, the User understands the "irreversibility" of
blockchain operations and the "irrevocability" of such transaction, and therefore the corresponding
risks and consequences will be borne by User and the transaction counter-party thereof.
Article 65 The User understands and acknowledges that the currency-to-currency exchange takes place,
proceeds, and completes on the basis of a third-party smart contract. The Platform serves only as an
interface tool to help the User interact with a third-party smart contract and display the results
of the completed transaction.
Article 66 When the User uses the third-party smart contract services integrated into the Platform,
information under the third-party smart contract, have a proper assessment of the transaction
counter-party and information on products involved in the transaction, and carefully evaluate the
risks, before engaging in transaction on the basis of the third-party smart contract. The User
understands that the transaction and binding contractual relationship are established between the
User and the transaction counter-party of the User without involving the Platform in any manner
whatsoever. The Platform shall not be held liable for any of the risks, liabilities, losses and
expenses that may be caused by the User's transaction.
Article 67 shall there be any information tip concerning abnormality in the process of payment
transfer, such as "transaction failure" or "packaging timeout", the User shall re-confirm through
the relevant official blockchain channels or other blockchain query tools, so as to avoid any
repeated payment transfer; otherwise, all losses and expenses arising therefrom shall be borne by
the User exclusively.
Article 68 The User understands that after the User creates or imports a Wallet on the Platform, the
User's Keystore, private key, mnemonic and other information are only stored in the then current
mobile device of the User, not on the Platform or the server of the Platform. The User can change
his/her/its mobile device by synchronizing the Wallet thereof or any other applicable means,
according to the operational guidelines provided by the Platform. However, if the User does not save
or back-up the Wallet password, private key, mnemonic word, Keystore and other information, and the
User's mobile device is lost, the User's digital tokens will be lost, and the Company cannot recover
them for the User. If the User leaks his/her/its Wallet password, private key, mnemonic word,
Keystore and other information when exporting, saving or backing up, or the device or server that
saves or backs up the above information is attacked or controlled by hackers, the User's digital
tokens will be lost, and in this case, the Company cannot recover them for the User. Any and all
losses arising from the foregoing shall be borne by the User exclusively.
Article 69 The User shall make a secure backup of his/her/its Wallet password, private key, mnemonic
word, Keystore and other information relating to the Wallet when creating or importing the Wallet.
The User is prohibited from back-up by any of the following electronic means: screenshots, emails,
notepad apps on mobile phones, mobile phone short text messages, WeChat, Tencent QQ, inter alia.
Instead, the User shall backup their mnemonic, Keystore and other relevant information by writing
them down on a paper notepad.
Article 70 The Users shall use the Platform in a secure network environment and ensure that their
mobile devices are not jailbroken or rooted, so as to avoid possible security risks.
Article 71 Where the User’s use of the Platform services involves any service provided by a third
party, any and all liabilities in connection with such third-party services shall be borne by the
third party and the Platform shall not be held liable in any manner whatsoever.
Article 72 Any loss or liability caused by factors attributable to a User shall be borne by such
User exclusively and the Platform shall not be held liable in any manner whatsoever. Circumstances
under which the Platform shall not be held liable include:
(1) where any loss or liability is caused by the User's failure to operate in accordance with
this Agreement or any rules published by the Platform from time to time;
(2) where any loss or liability is caused by any uncertainty, ambiguity or incompleteness in the
instruction information sent by the User to the Platform;
(3) where any loss or liability is caused by insufficient balance of digital assets in the
(4) where any losses or responsibilities is caused by any other factor attributable to the User.
Chapter 10 Service Fees and Other Fees
Article 73 If a User uses the Platform services, the Platform will charge relevant Platform service
fees on the User. Each item of Platform service fee shall be subject to the description and rates of
fees listed on the Platform when the User uses the Platform services. The Platform reserves the
right to unilaterally formulate and adjust the rates of the Platform services fees.
Article 74 When the Users use the currency-to-currency exchange service, the exchange service
provider shall charge the Users a commission fee and/or service fee. The specific rate of such fees
shall be subject to the rates charged by the service provider and the relevant information provided
on the Platform on such fees is for reference only.
Article 75 The Users shall pay the "Miners' fee" or network service fee when they transfer any
payment through the Platform, with the specific rate of such fees determined by the Users themselves
and collected by the blockchain network concerned. The Users acknowledge that the Users’ transfer
operation may fail under certain circumstances (including but not limited to the inadequacy of the
"miner's fee" or network service fee paid by the Users for the transfer during the transfer, or the
instability of the relevant blockchain network); in such cases, the blockchain network will
nonetheless charge the miner fee on the Users, even if the Users’ transfer operation is not
Article 76 Any and all taxes payable and other fees arising from or in connection with the Users’
transactions on the Platform shall be borne by the Users exclusively.
Chapter 11 Termination of Agreement
Article 77 A User shall have the right to apply to the Platform for cancellation of his/her/its
Wallet with the Platform at any time, and for the User, this Agreement will be terminated as of the
date when such cancellation is approved by the Platform.
Article 78 Where an account is canceled in accordance with Articles 32 and 33 of this Agreement,
this Agreement will be terminated as of the date when the Platform cancels such User account.
Article 79 If a User deceases or is declared dead, all the rights and obligations thereof under this
Agreement shall be borne by the successor thereof. If a User loses all or part of his/her/its
capacity for civil rights or civil conducts, the Platform or its authorized subject has the right to
dispose of the funds related to the User's account in accordance with valid legal documents
(including effective court judgments, inter alia) or instructions from the legal guardian of such
User. If the successor or legal guardian of the User decides to continue performing this Agreement,
this Agreement shall remain valid; otherwise, the successor or legal guardian of the User shall
apply to the Platform for cancellation of the account number in accordance with the Agreement, and
this Agreement shall be terminated as of the date when the Platform approves the cancellation of the
account of the User.
Article 80 The Platform shall have the right to terminate all services of the Platform in accordance
with this Agreement. This Agreement shall terminate on the date of termination of all services of
the Platform. The withdrawal process shall be operated in accordance with the specific provisions of
the Platform announcement.
Article 81 After the termination of this Agreement, the Users shall have no right to require the
Platform to continue providing any services or performing any other obligations to them, including
but not limited to requiring the Platform to retain or disclose to the User any information in their
former accounts to forward to the Users or any third party any information that they have not read
or they have sent.
Article 82 The termination of this Agreement does not affect the non-breaching party's claim against
the breaching party that the breaching party shall be liable for breach of agreement before the
termination of other agreements, nor does it affect the performance of the post-contractual
obligations under this Agreement.
Chapter 12 Protection and Authorization of Personal Information
Article 83 The personal information under Chapter 12 of this Agreement shall include the following
(1) personal registration information provided by the Users in accordance with the requirements
of the Platform when they register accounts with the Platform or when they use the accounts,
including but not limited to telephone numbers, mailbox information, and ID card information;
(2) the server data in the Users’ browser that the Platform automatically receives and records
when the Users use the Platform or access the Platform, including but not limited to IP address
and other data and web page records required by the Users;
(3) relevant data collected by the Platform on which Users conduct transactions on the Platform,
including but not limited to transaction records;
- (4) personal information of other Users legally obtained by the Platform.
Article 84 Without additional consent from the Users, the successful registration of the Users on
the Platform shall be deemed as the Users’ consent that the Platform may collect, use or disclose
the Users’ personal information, and the Users understand and agree that the Platform may use the
collected personal information of the Users for the following purposes based on the consideration of
customizing the Platform services for the User, resolving disputes and helping to ensure safe
transactions on the Platform:
- (1) providing Platform services to Users;
(2) reporting to relevant departments based on the requirements of relevant competent
departments of sovereign countries or regions;
(3) when the Users use the Platform services, the Platform will use the Users’ information for
legal purposes, such as authentication, customer service, security & prevention, fraud
monitoring, marketing, archiving and backup, or for cooperation with third parties to promote
websites to ensure the security of products and services provided by the Platform to the Users.
(4) to assist the Platform in designing new products and services and in collecting and sorting
out information to improve the existing service objectives of the Platform;
(5) in order to ensure that the Users understand the specific conditions of the Platform
services, Users agree that the Platform will send them marketing campaign notices, commercial
electronic information and advertising related to the Users, instead of generally placed
(6) the Platform transfers or discloses the Users’ information to any unrelated third party in
order to complete merger, division, acquisition or asset transfer;
- (7) to complete software certification or management software upgrade;
- (8) to invite Users to participate in surveys about relevant Platform services;
(9) to be used in data analysis for cooperation with government agencies, public affairs
agencies, associations, inter alia;
- (10) to be used to resolve disputes or mediate in disputes;
(11) to be used for all other legitimate purposes and other purposes authorized by the Users.
Article 85 The Platform automatically tracks certain information on Users in connection with their
conducts on the Platform. On the precondition of not disclosing the Users’ privacy, the Platform has
the right to analyze the entire User database and make commercial use of the User database.
Article 86 The Users agree that the Platform can use data collection devices such as "cookies"on
some web pages of the Platform.
Article 87 The Platform shall protect the Users' data in accordance with relevant laws and
regulations. The information provided to the Platform by the Users in connection with the
performance of this Agreement may not be sold maliciously or shared with any third party free of
charge, except for under the following circumstances:
(1) suppliers that provide independent services and only require information related to and
necessary for the services;
(2) government departments or other institutions that have legal access to information and
retrieve to information through legal channels;
- (3) affiliated companies of the Platform;
(4) third parties approved by the Platform Users or the authorized representative of the
Article 88 The Authorized Platform, unless the law requires otherwise, uses the information provided
by Users to the Platform, the information generated through using the Platform’s services (including
the information provided and generated prior to the signing of this Agreement) and the information
queried and collected by the Platform in accordance with this Article, to provide services,
recommend products, carry out market research and information data analysis for Users by the
Platform and its partners entrusted in connection with the services.
Article 89 Unless the law requires otherwise, the authorized Platform, for the purpose of providing
better services and products to the Users, inquires and collects User information and provides such
information to partners with which the Platform cooperates as may be necessary for the services.
Article 90 In order to ensure the safety of User information, the Platform and its partners are
obligated to keep confidential the above information and take various measures to ensure the safety
of the information.
Article 91 The provisions under chapter 12 of this Agreement shall come into effect upon the signing
of this Agreement, have independent legal effect, and may not be affected by the formation of the
contract or the change of its effective status.
Chapter 13 Protection of Intellectual Property
Article 92 Intellectual property rights, including trademark rights, patent rights, copyrights,
trade secrets, and so on, to all the content on the Platform, including works, pictures, archives,
information, materials, Platform architecture, the arrangement of the Platform screen, Platform
design, text and graphics, software compilation, the relevant source code and software, are legally
owned by the Platform or other rights-holders.
Article 93 Without the written consent of the Platform or other rights holders, no one is allowed to
use, modify, copy, publicly disseminate, change, distribute, release or publicly publish the
Platform program or content without due authorization.
Article 94 The Users are not allowed to download (except for web page caches) or modify the Platform
or any part thereof without the explicit written consent of the Platform. The Users are not allowed
to resell or otherwise make any commercial use of the Platform or any of content thereof; the Users
may not: collect and use product catalogs, descriptions and prices, make any derivatives of the
Platform or content thereof; download or copy account information or use any data collection robots
or similar data collection and extraction tools for other commercial interests. Without the written
permission of the Platform, it is strictly prohibited to systematically obtain the content of the
Platform to directly or indirectly create or edited collections, compilations, databases, or
personal name and address records (whether or not through robots, spiders, automatic instruments, or
manual operations). In addition, it is strictly prohibited to use the content and materials on the
Article 95 Without the explicit written consent of the Platform, the Platform website or any part
thereof may not be copied, photocopied, duplicated, sold, resold, accessed or otherwise used for any
commercial purpose. Without the explicit written consent of the Platform, the Users are not allowed
to use any technique to acquire any of the trademarks, logos or other proprietary information
(including images, text, web designs or forms) of the Platform or affiliated companies thereof.
Without the explicit written consent of the Platform, Users are not allowed to use the name or
trademark of the Platform or affiliated companies thereof in the form of meta tags or any other
"hidden text". Any such unauthorized use will result in termination of the permit or license granted
by the Platform.
Article 96 Neither the Users’ log into the Platform nor their use of any service provided by the
Platform shall be deemed as the transfer of any intellectual property rights from the Platform to
Users. The Users is subject to the obligation to respect intellectual property rights, and shall the
Users infringe on any of the intellectual property rights, the User shall bear legal liabilities to
the Platform, including indemnifying the Platform against damages that may arise therefrom.
Chapter 14 General Provisions
Article 97 This Agreement is jointly signed by the Users and the Platform and is applicable to all
activities of the Users on the Platform. The content of this Agreement includes the terms and
conditions of the main body of the Agreement and various rules that have been issued or may be
issued in the future. All the terms, conditions, and rules are an integral part of this Agreement
and shall have the same legal effect as the main body of this Agreement.
Article 98 If any term or condition of this Agreement is deemed to be unenforceable, invalid or
illegal by any competent authority, the validity of the other terms and conditions of this Agreement
shall not be affected.
Article 99 The rights and obligations agreed on in this Agreement shall also be binding on the
assigns, heirs, executors and administrators of all parties hereto that have obtained benefits from
the rights and obligations through transfer or assignment of such rights and obligations. The Users
may not transfer their rights or obligations under this Agreement to any third party without consent
of the Platform, but the Platform may transfer its rights and obligations under this Agreement to
any third party at any time, with a notice to the Users thirty (30) days prior to the transfer.
Article 100 If any term or condition in this Agreement becomes totally or partially invalid or
unenforceable for any reason, it shall be deemed that the term or condition can be separated from
this Agreement and replaced by a new and effective term or condition that is as close as possible to
the intentions of the parties and that can preserve the economic purposes required by this
Agreement. Moreover, in this case, the other terms and conditions of this Agreement shall remain
fully valid and binding.
Article 101 Unless it is otherwise agreed in this Agreement, nothing in this Agreement shall be
deemed to have created, implied or otherwise treated the Platform as an agent, trustee or other
representative of the Users.
Article 102 The failure of either party hereto to exercise any of the rights thereof hereunder or
seek remedies in connection with a single event does not affect the subsequent exercise of such
rights or seeking of remedies in connection with such event or other events.
Article 103 Waiver of breach of agreement or waiver of any term or condition of this Agreement shall
take effect only after the non-breaching party or the party that does not seek such waiver signs in
writing to agree to the waiver. Any waiver of breach of agreement under this Agreement cannot be
deemed or interpreted as an exemption of the non-breaching party from any subsequent breach of
agreement or other breach of agreement. Failure to exercise any right or remedy shall not be
construed as a waiver of such right or remedy in any way.
Article 104 You acknowledge and agree that, before filing any dispute or claim, you will contact us
to solve the dispute in an informal way where we will try to solve the relevant dispute internally
as soon as possible; The Parties agree to negotiate and solve any dispute in good faith (such
negotiation shall be confidential and protected under applicable rules, and will not be used as
evidences in any proceeding).
Article 105 You acknowledge and agree that, in case of any dispute, controversy, divergence or claim
that can't be solved according to Article 104, including any dispute in connection with the
existence, validity, interpretation, performance, breach or termination of this clause or any
dispute concerning or arising out of this clause, (collectively referred to as the "Dispute") , the
Parties shall submit the Dispute to the International Chamber of Commerce International Court of
Arbitration (“ICC International Court of Arbitration”) according to the ICC Rules of Arbitration in
effect. The arbitration shall take place in Belize and apply to applicable laws determined under the
ICC Rules of Arbitration. Unless otherwise agreed by the Parties hereto, only one arbitrator shall
be appointed according to the ICC Rules of Arbitration. The arbitrator shall have the exclusive
right to make a ruling on his/her right of jurisdiction, including but not limited to any objection
to the existence, scope or validity of the arbitration agreement or the arbitrability of any claim
or counterclaim. The arbitration shall be conducted in English. The arbitrator shall, regardless of
the method of arbitration, issue a reasonable written decision to explain the arbitration award, its
basic conclusion and the conclusion (if any). The arbitration award shall be final and binding upon
the Parties, and may be enforced by any court of competent jurisdiction.
Article 106 This Agreement shall enter into force for a User when the User creates his/her/its
iToken HD on the Platform, and this Agreement shall be binding on both the Platform and the User.
Article 107 The ultimate power to interpret this Agreement shall be vested in the Platform.