Function X Labs Private Limited ("the Company" or "we" or "us" or "our"), being a company incorporated under the laws of the Isle of Man ("IoM"), makes available to users certain software services accessible via a mobile device application on Android and iOS, known as the f(X)Wallet (referred to as the "Wallet Application" or "App").
This Terms of Service (“Terms”) is a legal agreement between you and us. It governs your use of the App. Please read the Terms carefully before completing the installation and using the related services. These Terms constitute a non-exclusive license to use the Wallet Application and contain important warranty information and liability disclaimers.
If you are accepting the Terms herein on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms. If you do not have such authority or if you do not agree with the Terms below, you shall not accept these Terms, install the Wallet Application and use the Services.
The Wallet Application enables users: (i) the self-custody of their digital assets, meaning, we do not store your private key on your behalf; (ii) access a digital asset browser and link to decentralized applications and decentralized exchanges (“Ethereum Dapp(s)”); (iii) view addresses and information that are part of digital asset networks and broadcast transactions; (iv) use of the (a) Deposit service, including deposit into the application(s) owned and controlled by Third Party/Parties; (b) Purchase service, including the use of Third-Party applications (including the use of a bank card) to purchase cryptocurrency; (c) a peer-to-peer transmission of digital assets to a Third Party via the Crypto-Gift feature; (d) available Non-Fungible-Token (NFT) services made available from time to time; (e) delegation of FX Coin and/or PUNDIX token; (f) staking feature to stake FX Coin and/or PUNDIX token to earn staking rewards; the functionality to move your digital assets across the f(x) Core Blockchain and selected blockchains through f(x) Bridge;(v) access to decentralized applications developed for the Ethereum Network (i.e. Ethereum Virtual Machines (“EVM”) compatibility feature); (vi) Dapp browser feature to use third-party applications available on blockchain networks including (without limitations) Ethereum, Binance Smart Chain, f(X) Core, Pundi X Chain, Margin X, Bitcoin, Polygon and Tron; and (e) additional functionality as we may add to the App from time to time (collectively the “Services”).
These Terms of Service (these "Terms") govern your use of all versions of the Wallet Application. These terms and additional information about the Wallet Application can be found on https://functionx.io/#/ (the "Site").
Please refer to our Privacy Policy for information on how we collect, store, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to and that we can collect, use and/or disclose your information (including any personal data you provide to us) in accordance with, our Privacy Policy.
We may modify the Terms at any time at our sole discretion. If we do so, we will let you know by either by posting the modified Terms on the Site, by providing you a notice through the App, or through other methods of communication which we deem reasonable.
The modified Terms will be effective at the time they are posted. It is important that you review the Terms whenever we modify them because if you continue to use the Services after we have modified the Terms, you are agreeing to be bound by the modified Terms. If you do not agree to be bound by the modified Terms, then you may not use the Services. As our Services are evolving, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
You may use the Services if you are 18 years or older depending on the age of majority in your country and are not barred from using the Services under applicable law. You are advised to check the age of majority in your country/state where you are residing in before you commence using the Services.
Our Services do not address anyone under the age of 18 and persons deemed a minor under the law ("Children"). We do not knowingly collect personally identifiable information about Children. If you are a parent or guardian and you become aware that your Child has provided us with Personal Data, please contact us immediately. If we become aware that we had inadvertently collected Personal Data from Children without verification of parental consent, we shall take steps to remove that information from our servers.
If you intend to use the Services, you will have to create an account ("Account") via the App. You agree that you won’t disclose your Account credentials to anyone and you’ll notify us immediately of any unauthorized use of your Account. You are responsible for all activities that occur under your Account or are otherwise referable to your Account credentials, whether or not you know about them. 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.
You are solely responsible for the retention and security of your twenty-four word recovery phrase ("Recovery Phrase"). Your Recovery Phrase is the only way to access the cryptocurrency associated with your Account. Anyone that has access to your Recovery Phrase can access your cryptocurrency. If you lose your Recovery Phrase, you will not be able to access your cryptocurrency.
Your Recovery Phrase is the human-readable format of your private key.
We welcome feedback, comments, ideas, and suggestions for improvements to the Services ("Feedback"). You can submit Feedback by contacting us at legal@functionx.io. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
For purposes of these Terms: (i) "Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) "User Content" means any Content that Account holders (including you) make available through the Services. Content includes without limitation User Content.
We do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content.
Subject to the foregoing, the Company and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the Republic of Cyprus and/or foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
In order to operate and provide our Services, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, copy, distribute, create derivative works of, display, and perform the User Content that you upload, submit, store, send, or receive on the App or through our Services. The rights you grant in this license are for the limited purpose of operating and providing our Services. Additional information about your privacy and how we use User Content is available in the Privacy Policy.
You warrant and represent that you have the right and authority to submit your User Content and that the User Content or any part thereof does not infringe the intellectual property rights or any other rights of any third party.
You acknowledge that, in certain instances, where you have removed your User Content by specifically deleting it, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
Information we collect from you may include: (i) Identity information, such as your first name, last name, username or similar identifier, title, date of birth and gender; (ii) Contact information, such as your postal address, email address and telephone number; (iii) Profile information, such as your username and password, interests, preferences, feedback and survey responses; (iv) Feedback and correspondence, such as information you provide in your responses to surveys, when you participate in market research activities, report a problem with Service, receive customer support or otherwise correspond with us; (v) Financial information, such as your credit card or other payment card details; (vi) Transaction information, such details about purchases you make through the Service and billing details; (vii) Usage information, such as information about how you use the Service and interact with us; (viii) Marketing information, such as your preferences for receiving marketing communications and details about how you engage with them; (ix) Financial information, such as bank account number and bank routing number; financial assets holdings; and (x) Technical information, such as your Ethereum wallet address, application programming interface (API)-key and network information regarding transactions. Please note that your Ethereum wallet address is not collected by https://functionx.io/#/ or associated plugins and the Wallet Application.
The Company shall all times retain ownership of the Wallet Application as originally downloaded by you and all subsequent downloads of the same by you, including updates, supplements, Internet-based services, and support services for the Wallet Application. The said App (and the copyright, and other intellectual property rights of whatever nature in the App, including any modifications made thereto) are and shall remain the property of the Company. The Company reserves the right to grant licenses to use the App to third parties.
We hereby grants you a personal, non-transferable, non-exclusive license to download, view, copy, display and print the Wallet Application solely in connection with your permitted use of the Services. You are not permitted to: (i) edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the App to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the App or attempt to do any such things; (ii) reproduce, copy, distribute, resell or otherwise use the App for any commercial purpose; (iii) allow any third party to use the App on behalf of or for the benefit of any third party; (vi) use the App in any way which breaches any applicable local, national or international law; or (v) use the App for any purpose that the Company considers is a breach of this Terms of Service.
The App, Site and Services are proprietary to the Company and and its licensors and must not be used other than strictly in accordance with these Terms. The Company grants to you a limited, non-exclusive, non-transferable, non-sublicensable right to use the App and Site for the purposes of accessing and using the Services in accordance with these Terms.
We may charge fees for some or part of the Services we make available to you. We reserve the right to change those fees at our discretion with notice. We will disclose the amount of fees we will charge you for the applicable Service at the time that you access the Service. You may incur charges from Third Parties for use of linked services. For the avoidance of doubt, you may be charged fees (including without limitations Gas Fees) via the Dapps and/or DEXs that you may access via the App. Third-Party fees are not charged by the Company and are not paid to the Company. Accordingly, the Company shall not be held liable for any and all refund(s) that may you have mistakenly paid to a Third Party.
You agree not to use the Services in ways that (i) violate, misappropriate, or infringe the rights of the Company, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (ii) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes; (iii) involve publishing falsehoods, misrepresentations, or misleading statements, including impersonating someone; (iv) breach any duty toward or rights of any person or entity, including rights of publicity, privacy, or trademark; (v) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like; (vi) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our service providers or any other third party (including another user) to protect the Services or Content; (vii) disguise your location through IP proxying or other methods; (viii) interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services; (ix) violate any applicable law or regulation; or (x) encourage or enable any other individual to do any of the foregoing.
Although the Company has no obligation to monitor any User Content, we have absolute discretion to remove User Content at any time and for any reason without notice. You understand that by using the Services, you may be exposed to User Content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any User Content, including any loss or damage to any of your User Content. You agree to comply with all applicable laws (including export control and trade sanctions laws ("Export Laws") of the Republic of Cyprus.
Without limiting the foregoing, you may not download the App or use the Services if (1) you are in, under the control of, or a national or resident of Congo, Cuba, Iran, North Korea, Sudan, or Syria or any other country subject to United States embargo, UN Security Council Resolutions ("UNSCR"), HM Treasury's financial sanctions regime, or if you are on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List, Entity List HM Treasury's financial sanctions regime; or (2) you intend to supply any Services to Congo, Cuba, Iran, North Korea, Sudan or Syria or any other country subject to United States embargo or HM Treasury's financial sanctions regime (or a national or resident of one of these countries), or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List, Entity List, or HM Treasury's financial sanctions regime.
The Wallet Application and the Services may contain links to third-party services and/or Dapps ("Third Party Materials"). The Services enable you to access Dapps via a Dapp browser and WalletLink by navigating away from the App to the Dapp or by enabling a native frontend software link within the App. When using a Dapp or other Third Party Materials, you understand that you are at no time transferring your assets to us.
We provide access to Third Party Materials only as a convenience, do not have control over their content, do not warrant or endorse, and are not responsible for the availability or legitimacy of, the content, products or services on or accessible from those Third Party Materials (including any related websites, resources or links displayed therein). We make no warranties or representations, express or implied, about such linked Third Party Materials, the third parties they are owned and operated by, the information contained on them or the suitability of their products or services. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites, applications, or resources.
You may be able to link the Wallet Application to Third Party Dapp(s). In so doing, you understand and agree that the Company has no control over any and all such transactions.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may terminate your use of the App at any time. Upon any termination, discontinuation or cancellation of Services or your Account, (i) all rights and/or licences granted to you under these Terms shall immediately cease and terminate and you shall forthwith cease the use and/or access of the App, Site, Services and Content in any way whatsoever; and (ii) notwithstanding the foregoing, the following provisions will survive: Feedback, Content and Content Rights, Content Ownership, Responsibility and Removal (save for the subsection "Rights in Content Granted by"), Termination, Warranty Disclaimers, Indemnity, Limitation of Liability, Dispute Resolution, and General Terms.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE SERVICES PROVIDED UNDER THESE TERMS DO NOT INCLUDE PRIVATE KEY STORAGE. IT IS YOUR RESPONSIBILITY TO ALWAYS BACKUP YOUR PRIVATE ACCESS KEY VIA SECONDARY MEANS.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE USE OF THE APP AND THE SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE APP AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SERVICES OR ANY OF THE MATERIALS CONTAINED THEREIN WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE.
You will indemnify and hold harmless the Company, its officers, directors, employees, servants, agents, and affiliated entities from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, (iii) Third Party Materials, or (iv) your violation of these Terms.
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES ALLEGEDLY ARISING FROM THE COMPROMISE OR LOSS OF YOUR LOGIN CREDENTIALS OR FUNDS, OR LOSS OF OR INABILITY TO RESTORE ACCESS FROM YOUR BACKUP PHRASE, OR FOR MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS AND/OR ERRORS IN THE TRANSMISSION OF TRANSACTIONS OR MESSAGES TO THE ETHEREUM NETWORK, OR THE FAILURE OF ANY MESSAGE TO SEND OR BE RECEIVED BY THE INTENDED RECIPIENT IN THE INTENDED FORM, OR FOR DIMINUTION OF VALUE OF ETHER OR ANY OTHER DIGITAL TOKEN OR DIGITAL ASSET ON THE APPLICABLE BLOCKCHAIN NETWORK(S).
THE COMPANY SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE SERVICES, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
THE COMPANY SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO SOFTWARE, PRODUCTS, SERVICES, AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD PARTIES AND ACCESSED THROUGH THE APP, SITE OR SERVICES.
These Terms and any action related thereto will be governed by the laws of the Republic of Cyprus. You expressly agree to resolve any claim you may have with us relating to, arising out of, or in any way in connection with our Terms, us, or our Services (each, a “Dispute,” and together, “Disputes”) by way of negotiation(s).
Should such negotiation(s) fail you then agree to submit to the jurisdiction of the Singapore International Arbitration Centre (“SIAC”) for the purpose of arbitrating all such Disputes in accordance with the applicable laws of the Republic of Cyprus. You agree to bear your own cost for the said arbitration which shall be conducted by a single, neutral arbitrator and shall take place in the Republic of Singapore in the English language.
The arbitrator may award any relief that a competent court of the Republic of Cyprus could award, including legal fees when authorized by law, and the arbitral decision may be entered as a judgement and enforced in any court of law. The hearings may be conducted in person or by telephone and/or video conference and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and counsel(s)' fees.
These Terms constitute the entire and exclusive understanding and agreement between the Company and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between the Company and you regarding the Services and Content.
If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given by posting to the Services and/or through other electronic communication. You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, "Communications") that we provide in connection with your Account and your use of the Services.
If you have any questions about these Terms or the Services, please contact us at legal@functionx.io.