KuCoin Web3 Terms of Service
KuCoin Web3 (hereinafter, “we”, “us” or “our”) is an independent service provider focuses on utilizing decentralized technologies, makes available to certain users certain services, including KuCoin Web3 Wallet, a self-hosted non-custodial wallet service and browser extension (the “Wallet” or “Site” or the "App", collectively, the “Services”).
ARBITRATION NOTICE: SECTION 29 OF THIS TERMS CONTAINS BINDING ARBITRATION PROVISIONS THAT REQUIRES ARBITRATION ON AN INDIVIDUAL BASIS, WHICH MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES.
These Terms of Service govern (the “Terms” or “Agreement”) your access to and use of our Services and constitute a legally binding agreement between us and you and/or the entity you present (“you”, “your” or “user”) regardless of your location, nationality, and/or Services used. By using our Services, you confirm that you have carefully read, understood, and accepted these terms, rules and regulations referenced in these terms of service and/or during the provision of the Services, including our KuCoin Web3 Privacy Policy. If you do not agree to be bound by these terms, please do not access or use the Services.
1. DEFINITIONS
“Affiliate” means a corporation directly or indirectly, controlling, controlled by or under direct or indirect common control with another corporation;
“Applicable Law” means any law, rule, statute, subordinate legislation, regulation, by-law, order, ordinance, protocol, code, guideline, treaty, policy, notice, direction or judicial, arbitral, administrative, ministerial or departmental judgment, award, decree, treaty, directive, or other requirement or guideline published or in force at any time which applies to or is otherwise intended to govern or regulate any person (including all parties to this Terms), property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any governmental or regulatory authority;
“Content” includes any text, images, music, software, data, audio, video, works of authorship, information, and any other materials that are generated, provided or otherwise made available through the Services. Content includes all User Content (as defined below) without any limitations.
“DApps” means decentralized applications, which are applications that operate on a blockchain or peer-to-peer network of computers and may operate autonomously.
“Digital Assets” means any cryptographic tokens including any Supported Cryptocurrencies and Supported NFTs (as applicable).
“DEXs” means any decentralized exchange on which you may stake, swap, purchase or sell cryptocurrencies;
“Digital Wallet Address” means the public address for receiving and sending Digital Assets.
“Force Majeure Event” means an event or failure which is beyond our reasonable control including:
a. Acts of God, nature, court or government;
b. failure or interruption in public or private telecommunication networks, Third-Party Protocols, communication channels or information systems;
c. acts or omissions of acts of a party for whom we are not responsible;
d. delay, failure or interruption in, or unavailability of, third party services and sites;
e. strikes, lockouts, labour disputes, wars, terrorist acts and riots;
f. viruses, malware, other malicious computer codes or the hacking of any part of the Web3 Wallet and related applications or software;
“Mnemonic Phrase” means a specific number of words in a particular order generated by a random algorithm in accordance with the blockchain BIP39 industry standard, which is an easy-to-record expression of the private key and may be convenient for Users to backup and maintain.
“include/including” means to include without limitation;
“Password” means the password, including keys, certificates, passwords, access codes, user IDs, API Key or other credentials and login information (collectively "Passwords") a User may set during the process of creating an account or wallet and is used to protect the Private Key.
“Personal Data” means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
“Recovery Phrase” means the locally encrypted private key randomly generated by KuCoin Web3 viz. the KuCoin Web3 Wallet or by any Third Party Wallet provider, which the user uses to import and recover his or her KuCoin Web3 Wallet and/or Third Party Wallet.
“Restricted Locations” means the countries or jurisdictions which have in place, prohibitions or restrictions on accessing or using the KuCoin Web3 Wallet and Services;
“Supported Cryptocurrencies” means any sort of cryptographic tokens, digital currencies, cryptocurrencies or virtual currencies which are compatible with the Web3 Wallet and which have been approved by KuCoin Web3 Wallet, in its sole and absolute discretion, such approval, may be retracted at any time by KuCoin Web3 Wallet, in its sole and absolute discretion;
“Taxes” means any taxes, duties or fees that incurred, or required to be collected, paid or withheld for any reason in connection with your use of the Web3 Wallet under any Applicable Law;
“Third Party Services” means any third party blockchain, protocol, DApps, staking pools, liquidity pools, DEXs, and such other applications with whom you may communicate and/or interact with viz. the Web3 Wallet;
“Third Party Platforms” mean other platforms owned, controlled, or operated by third parties. KuCoin Web3 does not have any control of these platforms and also does not endorse any product, service information, or disclaimer they provide, nor does KuCoin Web3 guarantee the accuracy of the third-party platform’s information.
“User Content” means any Content that Users make available through the Services.
2. OUR SERVICES
2.1 Description of our Services
KuCoin Web3 Wallet
KuCoin Web3 Wallet is a non-custodial digital wallet that allows for the following:
- store locally on their own devices, tokens, cryptocurrencies and other crypto or blockchain-based digital assets;
- link to decentralized applications, including, without limitation, decentralized exchanges;
- from the App user interface, swap assets on a peer-to-peer basis via third-party Dapps ("Swapper");
- view addresses and information that are part of digital asset networks and broadcast transactions; and
- additional functionality as may be added to the Site or App from time to time (collectively the "Functionality").
KuCoin Web3 Trading
The Services consist of an aggregator that enables users to interact directly with decentralized trading platform and exchange digital assets across various blockchain technology.
KuCoin Web3 DeFi:
The Services enables users to invest in and stake digital assets through various on-chain protocols, providing a secure and efficient way to grow their cryptocurrency holdings. By leveraging on-chain protocols, the platform offers users a robust and transparent environment for investing and staking digital assets, ensuring secure and optimized financial growth.
KuCoin Web3 Market:
The Services offer comprehensive information display related to digital asset trading, designed to enhance user decision-making and market understanding. It includes but not limited to Real-Time Market Data, Trading Charts and Analytics, News and Insights, Portfolio Overview, Alerts and Notifications.
The platform ensures that users have access to essential information and tools to navigate the dynamic world of digital asset trading effectively.
KuCoin Web3 Dapps:
The Services offers streamlined access to on-chain decentralized applications (DApps), providing users with a gateway to a wide range of blockchain-based services and functionalities. By offering these access services, the platform enhances users' ability to engage with the decentralized web, providing a comprehensive and secure environment for utilizing on-chain DApps.
2.2 Eligibility
You may use the Services if you are of the age of majority in your jurisdiction of residence (if this is higher) and are not barred from using the Site and Functionality under applicable law. By using the Site and/or Functionality and agreeing to these Terms, you represent and warrant that:
-The Services are intended solely for Users who are 18 or older. By accessing or using our Services, you represent and warrant that you are at least 18 years old and are lawfully able, to enter into contracts. You represent and warrant that you have not previously been suspended, banned, or removed from the Platform or Services, nor are you prohibited by any Applicable Laws.
-If you are entering into this Agreement for an entity, such as the company you work for, you represent and warrant that i) such legal entity is duly established and validly existing in accordance with Applicable Laws; ii) you have legal authority to bind that entity to these Terms.
Neither you nor any person that owns or controls you is subject to sanctions or otherwise designated on any list of prohibited or restricted parties, including but not limited to the lists maintained by the United Nations Security Council, the BVI government, the United Kingdom government, the U.S. Government (e.g., the Specially Designated Nationals List and Foreign Sanctions Evaders List of the U.S. Department of Treasury and the Entity List of the U.S. Department of Commerce), the European Union or its Member States, or other applicable government authority. KuCoin RESERVES THE RIGHT TO CHOOSE MARKETS AND JURISDICTIONS TO CONDUCT BUSINESS, AND MAY RESTRICT OR REFUSE, IN ITS SOLE DISCRETION, THE PROVISION OF ITS SERVICES IN CERTAIN COUNTRIES OR REGIONS.
2.3 Prohibited or Restricted Regions. The Services may not be available in all markets and jurisdictions, and we may restrict or prohibit use of all or part of the Services from certain locations, including but not limited to Restricted Locations (as defined in Section 1). The content of these Terms shall not be excluded from the laws of the country or region under which the User belongs. As a result, if you do not meet these eligibility requirements, you may not access or use the Services.
3. REGISTRATION
To use the Services, you may be asked to have or to create an account ("Account"). Your access to and use of the Services may be suspended at any time, for any reason, in our sole and absolute discretion, without incurring liability of any kind to you as a result of such suspension or termination.
To the extent you create an account, you agree that you won't disclose your Account credentials to or allow your Account to be used by anyone and you'll notify us immediately of any unauthorized use of your Account. You're responsible for all activities that occur under your Account, or are otherwise referable to your Account credentials, whether or not you know about them, and you are solely responsible for your conduct, and the tasks and activities you undertake, on or use the Services. We reserve the right to suspend or terminate your Account if you provide inaccurate, untrue, or incomplete information, or if you fail to comply with the Account registration requirements or these Terms (as each may be modified from time to time). You acknowledge and understand that, in certain circumstances, such as if you lose or forget your password for your Wallet, you will need to use a Recovery Phrase to access any cryptocurrency stored in your Web3 wallet. You are solely responsible for the retention and security of your Recovery Phrase. Your Recovery Phrase is the only way to restore access to the cryptocurrency stored in your Web3 Wallet if you lose access to your Wallet. Anyone who knows your Recovery Phrase can access, transfer or spend your cryptocurrency. If you lose your Recovery Phrase, you may not be able to access, transfer or spend your cryptocurrency.
You acknowledge and agree that KuCoin Web3 does not store and is not responsible in any way for the security of your Recovery Phrase and you agree to hold KuCoin, its affiliates, representatives, agents and personnel harmless and that no such party shall be liable in any way in the event you lose your Recovery Phrase and cannot access, transfer or spend your cryptocurrency. You bear sole responsibility for any loss of your cryptocurrency due to failure to retain and/or secure your Recovery Phrase.
4. PERSONAL INFORMATION
You agree and undertake to provide us with any and all information and documents that we may from time to time request or require for the purposes of these Terms or in connection with using the Services (including, but not limited to, your name, address, telephone number, email address, date of birth, government-issued identification number, photograph of your government-issued identity card or document or other photographic proof of your identity, and information regarding your Account, Web3 Wallet or Third-Party Wallet, as applicable). KuCoin will have no liability or responsibility for any permanent or temporary inability to access or use any Services as a result of any identity verification or other screening procedures.
We may confidentially verify or carry out identity verification checks on you and the information you provide us with or obtain information on you ourselves or through third parties from secure databases, or our Affiliates.
By agreeing to these Terms, you acknowledge that we or a third party may conduct verification checks on your information.
You agree to, at all times, cooperate with all requests made by us or any of our third-party service providers on our behalf.
You hereby represent and warrant that any and all information provided to us, our Affiliates or any of our third-party service providers, is always and continue to be complete, accurate and up to date in all respects and that in the event that such information ceases to be complete, accurate and up-to-date, you shall provide us, our Affiliates and third-party service providers which such revised and updated information without delay.
Failure to provide up to date information may result in your inability to or adversely affect your use our Services.
You hereby undertake to indemnify us, our Affiliates and any third-party service providers for any and all losses and damage incurred as a result of your failure to provide complete, accurate and up to date information at any point during your use of our Services.
5. FEES
You may be charged fees for access to or use of certain services, including fees on token swaps executed via the Swapper. Such fees may include: (i) network gas fees, which are paid to blockchain validators/miners and are not retained by KuCoin Web3; (ii) third-party protocol fees, which may be charged by decentralized exchanges, aggregators, bridges, or other third-party providers that facilitate routing and execution; and (iii) a KuCoin Web3 interface fee for the in-app Swapper experience, currently up to 0.5% of the notional amount on eligible swaps, unless otherwise displayed, and subject to adjustment from time to time at KuCoin Web3’s discretion.
The applicable fees are made visible to you at the time you access the Services and prior to order submission. Rates and prices displayed in the KuCoin Web3 application are calculated with applicable fees applied, unless otherwise indicated. You acknowledge and agree that any such rate or price is an estimate only and may differ from the final amount paid due to market movement, slippage, liquidity conditions, gas dynamics, MEV, and other on-chain factors.
You may also incur charges from third parties for the use of Third-Party Functionality (including, without limitation, decentralized exchanges, liquidity aggregators, bridges, or other protocols) accessed via the Services. KuCoin Web3 is not responsible or liable for any third-party fees or for any Third-Party Functionality linked to or accessed through the Services, and disclaims any liability arising from or relating to such fees.
Although KuCoin Web3 endeavors to provide accurate advance estimates of applicable fees where feasible, such estimates are provided for informational purposes only and may vary from the fees actually paid to use the Services or to interact with supported blockchains and third-party protocols. By using the Swapper, you understand and agree that swap rates and prices are estimates only and may change at any time. You hereby release KuCoin Web3 and its affiliates from any losses or other liabilities arising from any inaccurate estimate of fees or prices in connection with the Services.
6. NO CANCELLATION/MODIFICATION OF TRANSACTIONS
On the basis that the Web3 Wallet is a non-custodial wallet, you shall be solely responsible for all transactions undertaken. KuCoin Web3 does not at any time, hold custody over your Digital Assets and will have no legal or regulatory obligation to you as a custodian for your Digital Assets.
Once a transaction has been submitted and/or executed by you, we cannot assist you to cancel or otherwise modify such transaction.
Please ensure that you have an adequate balance in your Web3 Wallet to complete transactions before initiating a transaction.
You acknowledge and agree that we will not be liable for any failed transactions due to insufficient Supported Cryptocurrencies associated with your Web3 Wallet.
Further, you acknowledge that by proceeding with any transaction, including without limitation, any storing, sending, receiving, staking, etc., of Digital Assets, you shall be liable for any risks, loss or damages, including the risk that such Digital Assets may be subject to total loss due to factors beyond the control of KuCoin Web3.
7. LIMITATION OF SERVICES / TERMINATION / ACCOUNT CLOSURE
To the extent permitted by Applicable Law, we may at any time and without liability to, terminate, suspend or limit your use of Services or any functionality:
a. in the event of any breach by you of these Terms and any other terms and conditions referred to in these Terms;
b. for the purposes of complying with applicable laws or the prevention of criminal activities;
c. where we suspect that you have conducted any fraudulent or unlawful activities (including but not limited to money laundering, terrorism financing and fraudulent activities);
d. it transpires that you have provided false, inaccurate, incomplete or misleading information; you fail to provide the required information for the ongoing due diligence process;
e. to remedy the effects of any defect in or compromise to any information system upon which the Services is based; or
f. we suspect that the Digital Assets held in your Web3 Wallet are proceeds of fraudulent or unlawful activities.
You are solely responsible for storing outside of the Services a backup of any Web3 Wallet address and private key pair that you own.
Maintaining an external backup of any Web3 Wallet address and private key pairs associated with the same will allow you to access network and fully restore your Web3 Wallet at any time without cost or loss of your Digital Assets. If you do not maintain a backup of your Web 3 Wallet data outside of the Wallet Account, you will be not be able to access the Digital Assets associated with your Web3 Wallet in the event that we limit, discontinue or terminate your Wallet Account.
KuCoin Web3 shall not be held responsible or liable for any loss of Digital Assets.
8. TAXES
The tax treatment for Digital Assets is uncertain and you should consult your respective tax advisors in the jurisdiction which you reside regarding the same. It is your sole responsibility to determine what taxes, if any, arise due to your dealing in Digital Assets, and to collect, report, and/or remit the correct tax to the appropriate tax authority.
You are solely responsible for complying with all applicable federal, state and foreign laws, and agree that KuCoin Web3 is not responsible for determining which laws (tax or otherwise) may apply to your transactions.
9. NO INVESTMENT ADVICE
For the avoidance of doubt, KuCoin Web3 Wallet does not provide investment, tax, or legal advice, nor does KuCoin Web3 Wallet broker trades on your behalf. All trades are executed automatically, based on the parameters of your order instructions (but subject to the terms and conditions of any third party network, protocol and/or blockchain on which you are transacting).
You are solely responsible for determining whether any transaction is appropriate for you based on your own financial objectives, circumstances and risk tolerance.
You should consult your personal investment, legal or tax advisor regarding your specific situation.
10. ACCESS & AVAILABILITY
Access to our Services may become unavailable or interrupted during times of significant volatility or volume.
We do not guarantee that the Site or our Services will be available without interruption and we do not guarantee that any order will be executed, accepted, recorded or remain open, or that our Website, Mobile App and your Web3 Wallet will be accessible at all times.
Under no circumstances shall KuCoin Web3 be liable for any alleged damages arising from service interruptions, delays or such other losses incurred by you due to an interruption to our Services.
11. ACCURACY OF INFORMATION
Whilst we intend and strive to provide accurate and timely information on our Site and Mobile App (such information, the “Content”), the Content may not always be entirely accurate, complete or up to date and may also include technical inaccuracies and typographical errors.
Further, Content may be obtained by us from third parties that are not controlled by us.
Your reliance on the Content shall be your sole responsibility and at your own risk.
In this regard, by proceeding with any transaction on the basis of the Content, you represent and warrant that you have verified all Content and conducted your own due diligence before relying on the same, and acknowledge and agree that we are not responsible for any Content accessible or linked on our Site and Mobile App.
12. Third Party Content and Services
As a peer-to-peer Web3 service, KuCoin Web3 provides you services to explore Digital Assets including NFTs created by third parties and interact with different blockchains. KuCoin Web3 also provides insight and access to multiple third party DApps.
The Service may also contain links or functionality to access or use third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”), or otherwise display, include, or make available content, data, information, services, applications, or materials from third parties (“Third-Party Materials”).
You acknowledge that KuCoin Web3 does not have control over any third party network, protocol, blockchain or such other third party website or application which you may interact or communicate with via your Web3 Wallet. KuCoin Web3 does not guarantee the accuracy of the information contained therein.
The use of such Third Party Services may be subject to terms and conditions imposed by the aforementioned, and such Third Party Services may include terms regarding your eligibility to interact with said Third Party Services and whether you may be prohibited from interacting with the same. It is your responsibility to understand the Third Party Services and the terms imposed thereto and whether you are eligible or prohibited from interacting with the Third Party Services.
In this regard, you represent and warrant that you have conducted your own due diligence on the Third Party Services and acknowledge that KuCoin Web3 will not be responsible for any Third-Party Websites, Third-Party Applications, and Third-Party Materials. KuCoin Web3 provides links to these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or their products or services or associated Third-Party Materials. Your interaction, transaction and/or communication with such Third Party Services are at your own risk. KuCoin Web3 shall not be liable for any losses caused by your use of such Third Party Services. KuCoin Web3 and each Third Party Platform are independent legal entities, and these Terms do not constitute any form of agency, partnership, or cooperative relationship between the parties. KuCoin Web3 and each Third Party Platform and any third party shall be responsible for their respective claims, debts and disputes that arise from the performance of their respective contracts and agreements.
You acknowledge and agree that the Third Party Wallets that you may import to your Web3 Wallet remain governed by the terms and conditions of Third Party Wallet providers.
KuCoin Web3 shall not have any obligation to you regarding any issue or dispute you may have in relation to such Third Party Wallets and shall have no responsibility for any Instruction given outside your Web3 Wallet relating to any Third Party Wallet.
13. DATA PROTECTION
By using our Services, you confirm that you have read and accepted our Privacy Policy and understand how we collect, use, disclose and share amongst ourselves your Personal Data and disclose such Personal Data to our authorized service providers and relevant third parties.
14. ELECTRONIC COMMUNICATIONS
You shall accept full responsibility for the security and authenticity of all transaction instructions and you shall be bound by all such instructions. You are aware that transaction instructions and information transmitted via the Web3 Wallet (either on our Website or Mobile App) are generally transmitted via the internet and may be subject to the technological risks pertaining to the same. You shall be responsible for maintaining the security of your device and/or internet service utilised for the purposes of the Web3 Wallet and shall be solely responsible for any loss or damage arising out of the same and shall hold KuCoin Web3 harmless from any such loss or damage that you may incur.
15. INTELLECTUAL PROPERTY
Unless otherwise indicated by us, all copyright and other intellectual property rights in all content and other materials contained on our Website, Mobile App or provided in connection with the Services, including, without limitation, the KuCoin Web3 or KuCoin Web3 logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “KuCoin Web3 Materials”) are the proprietary property of KuCoin Web3 or our licensors or suppliers and are protected by international copyright laws and other intellectual property rights laws.
We hereby grant you a limited, nonexclusive and non-sublicensable license to access and use the KuCoin Web3 Materials for your personal use. Such license is subject to these Terms and does not permit:
a. any resale of the KuCoin Web3 Materials;
b. the distribution, public performance or public display of any KuCoin Web3 Materials;
c. modifying or otherwise making any derivative uses of the KuCoin Web3 Materials, or any portion thereof; or (d) any use of the KuCoin Web3 Materials other than for their intended purposes. The license granted under this section will automatically terminate if we suspend or terminate your access to the Services.
You may only use the Web3 Wallet in a manner consistent with these Terms, and you shall not interfere with, disrupt, or cause damage to any other users of our Services, produce any derivative work based on our Web3 Wallet technology, nor shall you translate, reverse engineer, decompile or disassemble the Web3 Wallet.
16. STORING, SHARING, RECEIVING AND TRANSFERRING DIGITAL ASSETS
Your Digital Assets may be subject to other terms and conditions that may be imposed by third parties (for example exchanges, DEXs, marketplaces, such other platforms and/or Third Party Protocols on which/from whom you may purchase Digital Assets), which may govern, without limitation, your use, storage and transfer of your Digital Assets.
It is your responsibility to understand such third party terms and conditions and whether your use, sharing, storage and transfer of your Digital Assets complies with such other terms and conditions or third party terms and conditions (as applicable).
You represent and warrant that you have the necessary rights to use, store, share, display, receive and transfer your Digital Assets and such use, storage, sharing, displaying, receiving, and transferring of your digital Assets will not infringe on the rights of any third party or breach any Applicable Laws.
You agree and acknowledge that when transacting and/or using your Digital Assets, including the sharing of images of any Supported NFTs on social media platforms, you are doing so for your personal use only and not for any commercial use.
When transferring or receiving Digital Assets, you are responsible for checking and confirming that your Web3 Wallet and/or the wallet address to whom you are transferring the Digital Assets or from whom you are receiving Digital Assets, are compatible with the Web3 Wallet, and that you have provided and/or inputted the correct Web3 Wallet/Third Party Wallet address for such transfer or receipt of Digital Assets.
KuCoin Web3 is not liable for any losses of Digital Assets and will not assist in retrieving such lost Digital Assets.
17. REGULATORY STATUS OF DIGITAL ASSETS AND THIRD PARTY PROTOCOLS
KuCoin Web3 makes no representation regarding the regulatory or legal status of any Digital Asset, Third Party Protocols or Third Party Wallet, regardless of whether such Digital Asset and/or Third Party Protocols are compatible with the Web3 Wallet.
KuCoin Web3 will not make any attempt to register the Digital Assets, Third Party Services or Third Party Wallet under any legal or regulatory regime, nor are we aware of any review of any Digital Assets by any regulatory authority in any jurisdiction.
18. RISK DISCLOSURE
Any transactions in relation to the Digital Assets must be confirmed and recorded on the relevant blockchain networks.
Such blockchain networks and Third Party Services are decentralized, peer-to-peer networks and supported by independent third parties. Therefore, we cannot and do not:
a. ensure that any transaction instruction submitted via your Web3 Wallet will be confirmed or processed; or
b. assist you to cancel or modify your transaction instructions once the same have been submitted via the Web3 Wallet to the Third Party Protocols.
KuCoin Web3 is not involved in any transaction as a counterparty, advisor or otherwise. Neither does KuCoin Web3 have any control in the Third Party Services nor over the Digital Assets transferred to such Third Party Services or to Third Party Wallets.
KuCoin Web3 expressly disclaims all representations or warranties, express and implied, relating to the Third Party Services and Third Party Wallets. KuCoin Web3 is not liable for any claim, damages or other liability, whether in contract, tort or under any other theory of liability, arising from, out of or in connection with the Third Party Services.
The use of Third Party Services and dealing in Digital Assets involves significant risks which are outside our control. You must consider carefully all applicable risks, and determine whether they are acceptable to you.
Without limitation these risks include the following:
a. Partial or total loss of Digital Assets, or of any value attributed to Digital Assets;
b. Collapse in liquidity with respect to a Digital Asset;
c. Changes in the compatibility amongst Digital Assets, Third Party Services and/or the Web3 Wallet;
d. Changes in these Terms and/or the terms of Third Party Services;
e. Liquidity risks;
f. Technological and/or blockchain risks;
g. Regulatory uncertainty with respect to Digital Assets, the Web3 Wallet and/or Third Party Services;
h. Market manipulation, scams and/or hacks targeted at Digital Assets, the Web3 Wallet and/or Third Party Services;
i. Network errors in the confirmation of transactions on Third Party Services;
j. Counterparty risk;
k. Phishing, hacks, smurfing, malware, double spending, majority-mining, consensus-based or other mining attacks, misinformation campaigns, forks, spoofing, etc.
l. Faults, defects, errors or unforeseen circumstances pertaining to the underlying blockchains and/or Third Party Services on which your Digital Assets are based and/or have transacted with.
19. WARRANTY DISCLAIMERS
THE Web3 WALLET AND RELATED SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL
REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE WEB3 WALLET AND UNDERLYING SOFTWARE OR ANY CONTENT ON THE SERVICES, WHETHER PROVIDED OR OWNED BY US OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES REGARDING QUALITY, STABILITY, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM VIRUS AND ERROR.
IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA OUR WEBSITE OR MOBILE APP IS ACCURATE, COMPLETE, RELIABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR PURPOSE OR REQUIREMENTS. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEB3 WALLET AND RELATED SERVICES ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFECT IS WITH YOU.
20. LIMITATION OF LIABILITY
NOTWITHSTANDING ANYTHING IN THESE TERMS, TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE OR ANY OF OUR REPRESENTATIVES BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGE OR CLAIMS:
a. DUE TO AN UNUSUAL OR UNFORESEEABLE EVENT, OUTSIDE OUR REASONABLE CONTROL AND THE CONSEQUENCES OF WHICH COULD NOT HAVE BEEN AVOIDED EVEN IF ALL DUE CARE HAD BEEN EXERCISED (INCLUDING BUT NOT LIMITED TO FORCE MAJEURE EVENTS, EVENTS OF WAR OR CIVIL UNREST, NATURAL DISASTERS, STRIKE, LOCK-OUT, TRAFFIC DISRUPTION, ACTS OF DOMESTIC OR FOREIGN GOVERNMENTAL AUTHORITIES);
b. ARISING FROM OR IN CONNECTION WITH:
• ANY DELAY, SUSPENSION, DISCONTINUANCE OR FAILURE OF THE WEB3 WALLET;
• ANY REFUSAL TO PROCESS, OR AUTHORISE, OR ANY REVERSAL OF YOUR INSTRUCTIONS FOR ANY REASON;
• THE DELAY OR INABILITY TO PROCESS OR COMPLETE YOUR INSTRUCTION DUE TO SYSTEM MAINTENANCE, BREAKDOWN, NON-AVAILABILITY OR INTERRUPTION OF THE WEB3 WALLET, THIRD-PARTY PROTOCOLS, OUR HARDWARE OR SOFTWARE OR THAT OF ANY THIRD PARTIES;
• ANY USE OF PASSWORDS, AND/OR WEB3 WALLET BY ANY THIRD PARTIES, WHETHER AUTHORIZED OR UNAUTHORIZED BY YOU;
• CAUSED BY US DUE TO OUR COMPLIANCE WITH APPLICABLE LAWS AND/OR COURT ORDERS; AND
c. ARISING OUT OF OR IN CONNECTION WITH THESE TERMS FOR LOSS OF FUNDS, LOST PROFITS, LOST REVENUES, LOST BUSINESS OPPORTUNITIES, LOST DATA, OTHER INTANGIBLE LOSSES, PUNITIVE, EXEMPLARY, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES TO THESE TERMS, REGARDLESS OF WHETHER SUCH DAMAGES WERE DIRECT OR INDIRECT, FORESEEABLE OR UNFORESEEABLE, OR WHETHER WE OR OUR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE WEB3 WALLET, WHETHER ARISING OUT OF OR IN CONNECTION WITH BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE GREATER OFUSD100.00. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
We shall not be liable for fault on the part of any third-party service providers instructed by us. In such cases, our liability shall be limited to using reasonable care in the selection, appointment and instruction of such third-party service providers (but not of any sub-contractor or other third party such third-party service provider may use).
The parties agree that any claims against the other under these Terms may only be brought on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. No court or adjudicator may consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Any relief awarded to you cannot and may not affect any other users.
21. INDEMNIFICATION
You agree to indemnify and hold harmless KuCoin Web3 and our products, our affiliates and third-party service providers, and each of their officers, directors, agents, joint venture entities, employees and representatives, from any claim or demand (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to:
a. your breach of any of these Terms;
b. your wrongful or improper use of the Web3 Wallet;
c. any third party's access or use of your Web3 Wallet, Passwords, Web3 Wallet address;or
d. your violation of any law, rule, regulation, or the rights of any third party.
22. TRANSFER, ASSIGNMENT OR DELEGATION
These Terms, and any rights and obligations and licenses granted hereunder, are limited, revocable, non-exclusive and personal to you and therefore may not be transferred, assigned or delegated by you to any third-party without our written consent, but may be transferred, assigned or delegated by us without notice and restriction.
23. SEVERABILITY
If any provision of these Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of these Terms and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. Such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any Applicable Laws.
24. ENTIRE AGREEMENT / TRANSLATION
These Terms constitute the entire agreement between the parties with regard to its subject matter and supersedes and invalidates all other prior representations, arrangements, understandings, and agreements relating to the same subject matter, whether oral or in writing, express or implied. Each party acknowledges that in agreeing to these Terms it does not rely on any statement, representation, warranty, or understanding other than those expressly set out in these Terms.
These Terms are concluded in the English language and all communications including any notices or information being transmitted shall be in English. In the event that these Terms or any part of it is translated (for any proceedings, for your convenience or otherwise) into any other language, the English language text of these Terms shall prevail.
25. WAIVER
These Terms shall not be waived in whole or in part except with the approval of KuCoin Web3.
No failure or delay on the part of any party hereto in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy.
26. NOTICES AND COMMUNICATIONS
By using the Web3 Wallet you agree and consent to receive electronically all communications, agreements, documents, receipts, notices and disclosures (collectively, “Communications”) that KuCoin Web3 provides in connection with your Web3 Wallet and/or our Services.
You agree that KuCoin Web3may provide these Communications to you by posting them via the Services, by emailing them to you at the email address you provide. You should maintain copies of electronic Communications by printing a paper copy or saving an electronic copy.
You may also contact us through support to request additional electronic copies of Communications or, for a fee, paper copies of Communications.
You may withdraw your consent to receive electronic Communications by contacting KuCoin Web3 Help Center. If you decline or withdraw consent to receive electronic Communications, KuCoin Web3 may suspend or terminate your use of the Services.
27. CUSTOMER FEEDBACK
We will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, and ideas or other information or materials regarding KuCoin Web3 or our Services that you provide, whether by email, posting through our Services or otherwise (“Feedback”).
Any Feedback you submit is non-confidential and shall become the sole property of KuCoin Web3. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You waive any rights you may have to the Feedback (including any copyrights). Do not send us Feedback if you expect to be paid or want to continue to own or claim rights in them; your idea might be great, but we may have already had the same or a similar idea and we do not want disputes.
You also acknowledge and agree that we have the right to disclose your identity to any third party who is claiming that any content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy. We have the right to remove any posting you make on our website if, in our opinion, your post does not comply with the content standards set out in our website.
28. THIRD PARTY RIGHTS
Other than any entities affiliated with KuCoin Web3, a person who is not a party to these Terms has no right to enforce any of these Terms.
29. GOVERNING LAW AND DISPUTE RESOLUTION
This Terms shall be governed by the laws of Singapore. Any dispute, controversy, difference or claim arising out of or relating to these Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by the competent court of Singapore.
30. Final Interpretation.
KuCoin Web3 has the sole and final discretion of interpretation of these Terms.