Thank you for choosing Bytom MOV. This“Bytom MOV Terms of Service”(“Agreement”) is made between you (“User”) and Chainboat Technology Ltd. (Company Registration Number: 1963344), a company incorporated in The British Virgin Islands (BVI) (“Company”) and is legally binding between you and Company. In this Agreement (a) “we” and “us” refer to the Company and “our” shall be construed accordingly; and (b) “you” refers to User and “your” shall be construed accordingly. Each of you and the Company shall hereinafter be referred to as a “Party”, and collectively, you and the Company shall hereinafter be referred to as the “Parties”.
Company hereby reminds you that you must carefully read the full content of this Agreement and other documents mentioned in this Agreement before using our web applications（You can access BYMOV by visiting https://www.bymov.io/ through a web browser to obtain related services）. In particular, you must carefully read the section of “Disclaimer and Limitation of Liability” and other sections which are displayed in bold in this Agreement. You must make sure that you fully understand the whole Agreement and evaluate the risks of using Bytom MOV on your own.
I.Confirmation and Acceptance of this Agreement
1.You understand that this Agreement and other relevant documents apply to Bytom MOV and the Decentralized Applications (“BApps”) which are developed and owned independently by Company on Bytom MOV (and excluding BApps developed by third parties).
2.By visiting https://www.bymov.io/, authorizing to connect to the plug-in wallet or mobile wallet, and use related functions such as exchange, financial management, and cross-chain., you are deemed as having read and accepted this Agreement, which shall cause this Agreement to become effective and legally binding on both you and Company immediately. IF YOU DO NOT AGREE TO THE TERMS IN THIS AGREEMENT, YOU SHELL STOP VISITING HTTPS://WWW.BYMOV.IO/ IMMEDIATELY AND STOP USING RELATED FUNCTIONS..
3.In accessing or using Bytom MOV, you agree:
- a) to be bound by the latest version of this Agreement without variation or modification;
- b) that in the jurisdiction to which you are subject, you are of legal age to use Bytom MOV and to create binding legal and financial obligations for any liability you may incur as a result of the use of Bytom MOV; and
- c) you are not an Excluded Person (as defined herein).
4.Company may, at its sole discretion, modify or replace this Agreement at any time. The modified Agreement will automatically take effect once it is posted on Bytom MOV and you will not be notified separately. If you do not agree with the modifications, you shall cease to use Bytom MOV immediately. Use of Bytom MOV by you after any modification to this Agreement constitutes your acceptance of this Agreement as modified.
1.China: means the People’s Republic of China, including the Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan.
2.Bytom MOV: means the website developed by Company based on blockchain systems and other supporting tools which are developed for the convenience of the Users when using blockchain systems.
- a) a person other than a natural person who possesses legal and mental capacity to enter into this Agreement; or
- b) a User who is prohibited, restricted, unauthorized or ineligible in any form or manner whether in full or in part under this Agreement, laws, regulatory requirements, or rules in the jurisdiction applicable to such User, to use the Services (as defined below). For the avoidance of doubt, Users from China are also covered under this definition of ‘Excluded Person’.
4.Identity: means the blockchain identity generated from a pair of your Public Key and Private Key.
5.Support: means the operation guide provided by the Company before you start to use Bytom MOV (and during your future use of Bytom MOV). This Beginner’s Guide would help you understand the basic knowledge about blockchain.
6.Connect wallet: means to the process of using a supported wallet to connect to the website after you accept this agreement.
7.Alert: means the messages displayed on Bytom MOV’s operation interface which provides suggestions for Users on subsequent operations.
8.Specific Users: means Users who should cooperate with Company and disclose Personal Information in order to comply with the laws, regulations and policies of The British Virgin Islands (BVI) and other countries.
9.Developer Users: means Users who use services provided to Developers, such as Bytom MOV Open Source Code and Developer mode etc., in accordance with notices of the Company and relevant Open Source License.
10.Makers：means professional trading institution that provides liquidity support for exchange services in the Bytom MOV system.
11.Federation node：means the core members of OFMF (Open Federation Management Framework).
12.Block Producer：means the core maintenance members of the Vapor blockchain.
13.Bycoin:means the officially released mobile wallet.
14:Byone:means the official Google plugin wallet.
15.Tokens: means the tokens which are supported by Bytom MOV currently, including but not limited to BTM, ETH and so on.
16.Materials: means contents,white papers and other text data in the website. User shall not reproduce or distribute the materials without their permission and authorization. Foregoing Materials are solely for your reference and shall not be considered as guidance or advice on your transactions provided by Company.
17.Smart Contract: means the type of Smart Contract operating on blockchain and spreading, verifying and executing contracts via information methods.
18.BTM: means Bytom, the cryptographic token associated with the Bytom blockchain.
19.ETH: means Ether, the cryptographic token associated with the Ethereum blockchain.
20.BTC: means Ether, the cryptographic token associated with the Bitcoin blockchain.
21.USDT: means Tether USD, a stable coin anchored to the U.S. dollar,which is issued based on Ethereum blockchain.
22.USDC: means USD Coin, a stable coin anchored to the U.S. dollar,which is issued based on Ethereum blockchain.
23.DAI: means DAI Stablecoin, a stable coin anchored to the U.S. dollar,which is issued based on Ethereum blockchain.
24.Cross Chain：means the operation of transferring tokens in other blockchain systems to the Vapor chain through OFMF (Open Federation Management Framework) protocol.
25.Bytom MOV Open Source Code (“Bytom MOV OSC”): means the partial software code of Bytom MOV that Company has publicized and made open-source. Users may use (include further development) such open source software code in accordance with relevant Open Source License and notices of the Company.
26.Open Source License: means the third-party-developed open source license that shall be abided by Developer Users when using Bytom MOV OSC.
27.Third-Party Service: means the products and services provided by the third parties such as third-party-developed DApp, third-party-developed Smart Contract, third-party-developed Open Source License, third-party-developed crypto currency hardware wallet, third-party-developed webpage, and third-party-developed exchange etc.
III.Bytom MOV Services (collectively, the “Services”)
1.Flash Swap. Users may achieve peer-to-peer exchange of digital Tokens on the third-party-developed Smart Contract. Bytom MOV acts as an interface tool for Users to interact with the third-party-developed Smart Contracts and displays relevant results of such peer-to-peer exchange.
2.Magnet Exchange (Magnex). Users may exchange digital Tokens with third parties on the third-party-developed Smart Contract. Bytom MOV acts as an interface tool for Users to interact with the third-party-developed Smart Contracts and displays relevant results of such exchange of digital Tokens.
3.SuperTx Swap. Users may exchange digital Tokens with third parties on the third-party-developed Smart Contract. Bytom MOV acts as an interface tool for Users to interact with the third-party-developed Smart Contracts and displays relevant results of such exchange of digital Tokens.
4.SuperTx Deposit. Users may deposit or withdrawal digital Tokens with third parties on the third-party-developed Smart Contract. Bytom MOV acts as an interface tool for Users to interact with the third-party-developed Smart Contracts and displays relevant results of such transfer of digital Tokens.
5.Cross Chain. Users may transfer digital currencies from other blockchain system to Vapor blockchain(reverse process can also be achieved) with third parties on the third-party-developed Smart Contract. Bytom MOV acts as an interface tool for Users to interact with the third-party-developed Smart Contracts and displays relevant results of such transfer of digital Tokens.
6.Transaction records. We will copy all or part of your transaction records from the blockchain system. However, Users shall refer to the blockchain system for the latest transaction records.
7.Suspension of service. You understand that we are not able to reverse or cancel the transaction because transactions based on blockchain technologies are irrevocable. However, under certain circumstances, we may suspend or limit the function of Bytom MOV website used by a particular User.
8.Other services that Company would like to provide.
Users who use Bytom MOV acknowledges and accepts that:
8.1.In order to keep the decentralization feature of blockchain and to protect the security of your digital Tokens, Company offers decentralized service which is largely different from the banking and financial institutions. Users acknowledge and accept that the Company SHALL NOT have any responsibility to :
- a) store Users’ Wallet Password (the password Users set when creating or importing wallets), Private Key, Mnemonic Words or Keystore;
- b) recover Users’ Wallet Password, Private Key, Mnemonic Words or Keystore;
- c) freeze the wallet;
- d) report the loss of wallet;
- e) recover the wallet; or
- f) rollback transactions.
8.2.You shall bear sole responsibility to take care of your mobile devices , and back up the Wallet Password, Mnemonic Words, Private Key and Keystore. In the event that: your mobile device is lost, your Bytom MOV App or your wallet is deleted and not backed up, your wallet is stolen or you forget your Wallet Password, Private Key, Mnemonic Words or Keystore, the Company will not be able to recover the wallet or recover Wallet Password, Private Key, Mnemonic Words or Keystore. The Company may not be able to cancel transactions for the mishandling of Users (such as typing in wrong addresses for transactions, wrong amounts to be exchanged) and the Company shall not be responsible in any way in respect of the same.
8.3.Bytom MOV does not support all existing tokens. Do not use Bytom MOV to handle any non-supported tokens.
8.4.The BApps integrated into Bytom MOV include those developed independently by Company and those developed by third parties. Bytom MOV only provides blockchain search and browser functions for those third-party-developed BApps, and thus Bytom MOV does not offer any guarantee for functions or service qualities of those third-party-developed BApps. Users shall, at their sole discretion, decide whether there would be any risks to accept the services provided by or to conduct transactions on the third-party-developed BApps.
IV.Your Rights and Obligations
- Visit the website and connect to the wallet
- a) Visit https://www.bymov.io on your PC or mobile device, connect to a wallet that supports the BytomMOV protocol, and use related applications through the website.
- b) The company may develop different website versions for different terminal devices. You should visit the website according to the correct address and use the officially recommended wallet. If you visit the wrong address or use an unofficially recommended wallet, the company cannot guarantee the normal service or its security. Any loss caused by using such application shall be borne solely by you.
- c) The official website will release the address change information, the old version of the website may not be available. The company does not guarantee the security, continued availability and corresponding customer service of the old website. Users are requested to check and access the latest version at any time.
2.Use of Bytom MOV
- a) You shall bear sole responsibility to take care of your mobile devices, Wallet Password, Private Key, Mnemonic Words and Keystore. Company does not store or hold the above information for Users. You shall be solely responsible for any risks, liabilities, losses and expenses which result from frauds, you losing your mobile device or crypto currency hardware wallet, disclosing (whether actively or passively) or forgetting Wallet Password, Private Key, Mnemonic Words or Keystore, or your wallet being attacked.
- b) Bytom MOV Alerts. You understand and agree to comply with the Alert(s) published by the Company on Bytom MOV. You shall be responsible for any risks, liabilities, losses and expenses which result from your failure to comply with any Alert(s).
- c) You understand that Bytom MOV undertakes no responsibility to conduct due diligence on the Third-Party Service. You shall assess carefully and assume all risks in connection with the use of Bytom MOV.
- d) Provision of information and documents. To the extent that the Company determines, in its sole discretion, that it is necessary to obtain certain information about User in order to comply with any applicable law or regulation in connection with the use or operation of Bytom MOV, User shall provide Company with such information promptly upon such request, and acknowledges and accepts that Company may restrict, suspend or terminate your use of Bytom MOV until such requested information has been provided to the satisfaction of Company. User undertakes to notify Company of any change in the documents and information provided by User to Company pursuant to this Agreement and in the absence of any notification in writing notifying of any change, Company is entitled to assume that the documents and information provided by User remain true, correct, not misleading and unchanged.
- e) Transfer of Tokens for Cross Chain：
i.You understand that you may be subject to daily limits on the amount and times of transfers according to your location, regulatory requirements, transferring purposes, risk control by Bytom MOV, or identification verification.
ii.You understand that blockchain operations are “irrevocable”. When you use Bytom MOV to transfer Tokens, you shall be solely responsible for the consequences of your mishandling of the transfer (including but not limited to wrong address, problems of the node servers selected by you).
iii.You understand that the following reasons may result in a “transfer failed” or “mining overtime” prompt:
- insufficient balance in wallet;
- insufficient gas for transaction;
- blockchain’s failure to execute the code of smart contracts;
- the transfer amount exceeding the transfer limits imposed by authorities, Bytom MOV or laws or regulations;
- technical failure of the network or equipment;
- abandoned transactions result from blockchain network congestion or failure;
- the wallet address of yours or your counterparty’s is identified as special addresses, such as high-risk address.
iv.You understand that Bytom MOV is only a tool for transfer of Tokens. Company shall be deemed to have fulfilled its obligations once you have completed the transfer and shall not be held liable for any dispute in relation thereto.
- f) Flash Swap，Magnex ，SuperTx . You understand that the limits of amounts that Users may exchange from above function per day are subject to limitations of the third-party-developed Smart Contracts. Company may also set limitations and adjust from time to time the limit of amounts that Users can exchange via LEX or MEX per day.
- g) Compliance. You understand that you shall abide by applicable laws, regulations and policies when you use Bytom MOV or the BApps or the Smart Contracts on Bytom MOV.
- h) Notifications. Bytom MOV may send notifications to you by web announcements, popup tips (e.g., information about your transfer or suggestions on certain operations) which you shall be aware of timely.
- i) Service fees and taxes.
i.When you use Flash Swap，Magnex ，SuperTx services, third-party-developed Smart Contracts may charge handling fees and/or service fees from you, which shall be subject to the fees collected by those Smart Contracts, and the relevant information displayed on Bytom MOV is merely for your reference;
ii.the Company does not charge you any service fees or handling fees for the time being. The Company may reach an agreement with you or announce rules regarding service fees in the future;
iii.You need to pay “gas” or network fees when you cross chain, the amount of which would be on your sole discretion and would be collected by the relevant blockchain network;
iv.You understand that your transfer of Tokens may fail under certain circumstances, including but not limited to insufficient “gas” or network fees paid by you for the transfer of Tokens during the time of your transfer, or the relevant blockchain network being unstable, and in such event, you may still be charged gas by the relevant blockchain network, notwithstanding the failed transfer attempted;
v.You shall bear all the applicable taxes and other expenses occurred due to your transactions on Bytom MOV.
3.Developer Users’ Development Based on Bytom MOV OSC
- a) Developer Users are entitled to use officially publicized Bytom MOV OSC, conduct further development of programs, and download and use any patches or vulnerabilities solutions regarding Bytom MOV OSC.
- b) When using Bytom MOV OSC, Developer Users acknowledge and agree that:
- if Developer Users find any vulnerabilities, defects or software improvement solutions when using Bytom MOV OSC, Developer Users shall promptly contact and inform the Company and discontinue any harmful use behavior (if applicable);
- Bytom MOV OSC may contain third-party-developed Open Source License and source code and the Company does not provide any guarantee for functions, non-existence of virus or vulnerabilities etc of such third-party-developed Open Source License and source code. Developer Users shall, at their sole discretion, decide the consequences of using Bytom MOV OSC. Developer Users shall carefully read and then agree with relevant Open Source License (including without limitation, Apache’s Open Source License: http://www.apache.org/licenses/LICENSE-2.0.html) and notices of the Company updated from time to time.
1.You understand and acknowledge that the blockchain technology is a field of innovation where the laws and regulations are not fully established. You may be faced with material risks including instability of technology or failure for fiat-token exchange. You also understand that Tokens have much higher volatility comparing to other financial assets. You shall hold or dispose of the Tokens in a reasonable way and corresponding to your financial status and risk preferences. You also acknowledge that the market information is captured from exchanges by Bytom MOV and may not represent the latest or the best quotation of each Token.
2.If you or your counterparty fails to comply with this Agreement or fails to follow the instructions, tips or rules on the website or on the page of the transaction or payment, the Company does not guarantee successful transfer of the Tokens and the Company shall not be held liable for any of the consequences of such failure. If you or your counterparty has already received the payment in Bytom MOV wallet or third-party-developed wallet, you understand that transactions on blockchain are irreversible and irrevocable. You and your counterparty shall assume the liabilities and consequences of your transactions.
3.You understand and acknowledge that Flash Swap，Magnex ，SuperTx transactions are commenced, conducted and concluded on third-party-developed Smart Contracts. Bytom MOV is only an interface tool for Users to interact with the third-party-developed Smart Contracts and displays relevant results of such completed transactions.
5.When you transfer your tokens directly to another wallet address, it is your sole responsibility to make sure that your counterparty is a person with full capacity for civil acts and decide whether you shall transact with him/her.
6.You shall check the official blockchain system or other blockchain tools when you receive an Alert such as “transaction failed” or “mining overtime” in order to avoid repetitive transfer. If you fail to follow this instruction, you shall bear the losses and expenses occurred due to such repetitive transfer.
7.You understand that after you visit the website an connect your wallet,your Keystore, Private Key and Mnemonic Words are only stored on your PC or mobile device and will not be stored in Bytom MOV or on the servers of Company. You may change another mobile device to use Bytom MOV after you follow the instructions on Bytom MOV to back up your wallet. If you lose your mobile device before you could write down or backup your Wallet Password, Private Key, Mnemonic Words or Keystore, you may lose your Tokens and Company will not be able to recover them. If your Wallet Password, Private Key, Mnemonic Words or Keystore is disclosed or the device which stores or holds your Wallet Password, Private Key, Mnemonic Words or Keystore is hacked or attacked, you may lose your Tokens and Company will not be able to recover them. Any and all losses arising in connection with the foregoing shall be borne solely by you.
8.We suggest you backup your Wallet Password, Private Key, Mnemonic Words and Keystore when you create or import wallet by writing them down on papers or backup them in password management apps. Please do not use electronic methods such as screenshots, e-mails, note-taking apps in cell phones, text messages, WeChat or QQ to backup any of the foregoing information.
9.In order to avoid potential security risks, we suggest you use Bytom MOV in a secured network environment. Please do not use a jailbreak or rooted mobile device.
10.Please be alert to frauds when you use Bytom MOV. If you find any suspicious activity, we encourage you to inform us immediately.
VI.Change, Suspension, Termination of Company Service
1.You acknowledge and accept that Company may, at its sole discretion, provide only a part of the Services for the time being, suspend certain Services or provide new Services in the future. When we change our Services, your continuous use of Bytom MOV is deemed as your acceptance of this Agreement and revisions of this Agreement.
2.In order to avoid (to the extent possible) any mishandling of Bytom MOV or any risk to the security of your Tokens, you shall not use Bytom MOV if you do not possess the basic knowledge of blockchain. For Users who do not possess basic knowledge of blockchain, Company may refuse to provide all or part of the Services on Bytom MOV to such Users.
3.You understand that Company may suspend the Services under the following circumstances (or may completely terminate the Services in connection with any of the following circumstances):
- a) maintenance, upgrading, failure of equipment and blockchain system and the interruption of communications etc., which lead to the suspension of the operation of Bytom MOV;
- b) force majeure events including but not limited to typhoon, earthquake, tsunami, flood, power outage, war, or terrorist attacks, or computer viruses, trojan horse, hacker attacks, system instability or government behaviors and other reasons, which result in the Company’s inability to provide Services or if in Company’s reasonable opinion, continuous provision of Services would result in significant risks;
- c) material adverse change of applicable laws or policies; or
- d) any other event(s) which Company cannot control or reasonably predict.
4.Company reserves the right to unilaterally suspend or terminate all or part of the Services or any function of Bytom MOV under the following circumstances:
- a) death of Users;
- b) if you steal others’ wallets information or mobile devices;
- c) if you provide false Personal Information on Bytom MOV;
- d) if you refuse to allow mandatory update of Bytom MOV;
- e) if you use Bytom MOV OSC in breach of third-party-developed Open Source License or notices of the Company;
- f) if you use Bytom MOV to commit illegal or criminal activities;
- g) if you hinder the normal use of Bytom MOV by other Users;
- h) if you pretend to be staff or management personnel of Company;
- i) if you threaten the normal operation of Company computer system by attack, invasion, alternation or any other means;
- j) if you use Bytom MOV to send spam; or
- k) if you spread rumours which endanger the goodwill of Company and Bytom MOV;
- l) if you conduct any illegal activities, breach this Agreement etc. or other circumstances under which Company reasonably considers necessary to suspend Services.
5.You are entitled to export your wallets within a reasonable amount of time if Company changes, suspends or terminates its Services.
VII.Your Representations and Warranties
1.You shall comply with all applicable laws and regulations of the country or area you reside in. You shall not use Bytom MOV for any unlawful purposes or by any unlawful means.
2.You shall not be an Excluded Person who can’t use Bytom MOV services.
3.You shall not use Bytom MOV to commit any illegal or unlawful activities, including but not limited to:
- a) activities endangering national security of the country or area you reside in, disclosing state secrets, overturning the government or undermining national unity;
- b) any illegal conducts, such as money laundering, illegal fund raising etc.;
- c) accessing Company services, collecting or processing the content provided by Company, intervening or attempting to intervene any Users, by the employment of any automated programs, software, network engines, web crawlers, web analytics tools, data mining tools or similar tools etc.;
- d) providing gambling information or inducing others to engage in gambling;
- e) invading into others’ Bytom MOV wallets to steal Tokens;
- f) engaging in any inaccurate or false transactions with the counterparty;
- g) committing any activities which harms or attempts to harm Bytom MOV service system and data;
- h) other activities which Company has reason to believe are inappropriate.
4.You understand and accept that you shall be responsible for any violation of law (including but not limited to the customs and/or tax regulations) or for breach of this Agreement by you and shall indemnify Company against the losses, the third-party claims or administrative penalties against Company incurred by such violation or breach, including reasonable attorney’s fees.
5.You confirm that you will pay the service fees charged by Company in time (if applicable). Company reserves the right to suspend the services when the User fails to pay service fees (if applicable).
IX.Disclaimer and Limitation of Liability
1.Company only undertakes obligations expressly set forth in this Agreement.
2.YOU ACKNOWLEDGE AND ACCEPT THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BYTOM MOV IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. Company shall not be held liable for malfunction of Bytom MOV which results from any of the following reasons:
- a) system maintenance or upgrading of Bytom MOV;
- b) force majeure, such as typhoon, earthquake, flood, lightning or terrorist attack etc.;
- c) malfunction of your mobile device hardware and software, and failure of telecommunication lines and power supply lines;
- d) your improper, unauthorized or unrecognized use of the Services;
- e) computer viruses, trojan horse, malicious program attacks, network congestion, system instability, system or equipment failure, telecommunication failure, power failure, banking issues, government acts etc.;
- f) any other reasons not imputed to Company.
3.Company shall not be held liable due to any of the following circumstances:
- a) you losing your mobile devices, deleting wallets without back-up, forgetting Wallet Passwords, Private Keys, Mnemonic Words, Keystores without back-up, which result in the loss of such User’s Tokens;
- b) you disclosing your Wallet Passwords, Private Keys, Mnemonic Words, Keystores, or lending or transfering your Bytom MOV wallets to others, or authorizing others to use your mobile devices or Bytom MOV wallets, or downloading Bytom MOV applications through unofficial channels, or using Bytom MOV applications by other insecure means, which result in the loss of your Tokens;
- c) you mishandling Bytom MOV (including but not limited to wrong address, failure of the node servers selected by you) , which result in the loss of Tokens;
- d) you being unfamiliar with the lack of knowledge in relation to blockchain technology and your mishandling of Bytom MOV resulting in loss of your Tokens;
- e) Bytom MOV being unable to copy accurate transaction records due to system delay or blockchain instability etc.
4.Each User shall undertake the risks and consequences arising or in connection with the following:
- a) such User’s transactions by using Third-Party Service;
- b) the use of developer mode by Users; and
- c) the use of LEX and MEX services by Users, which shall be assumed by you, your counterparty and issuers of relevant Smart Contracts.
5.You understand that Bytom MOV is only a website platform for using DAPP
which is incapable to control the quality, security and legitimacy of the Third-Party Service, or the authenticity and accuracy of their information and their capabilities to fulfill the obligations under the agreements with you. You, at your sole discretion, decide whether to use the Third-Party Service. You understand that such transactions and corresponding contractual relationship are between you and your counterparty, instead of the Company. We kindly remind you to carefully review the authenticity, legitimacy, and effectiveness of related information provided by Third-Party Service before you decide to use them. In addition, you shall also assume all the risks arising from the transactions between you and any third-party-developed exchanges.
6.You acknowledge that Bytom MOV may provide services to you and your counterparty simultaneously or may have affiliation or other interest relationship with foregoing parties, and you agree to waive any actual or potential conflicts of interests and will not claim against Company on such base or burden Company with more responsibilities or duty of care.
7.Company does not warrant that:
- a) services provided by Company would satisfy all your needs;
- b) all techniques, products, services, information or other materials from Company would meet your expectations;
- c) all the transaction information in digital Tokens markets captured from the third party exchanges are prompt, accurate, complete, and reliable;
- d) your counterparties on Bytom MOV will perform their obligations in the transaction agreements with you timely.
8.In any case, the total liability for Company under this Agreement shall not exceed the greater of the market value of 10 BTM.
9.You are aware that Bytom MOV is only a tool for Users to manage their Tokens and to display transaction information. Company does not provide legal, tax or investment advice. You shall seek advice from professional legal, tax, and investment advisors. In addition, Company shall not be liable for any investment loss, data loss etc. during your use of our service.
10.You understand that we may change our entry standards, limit the range and ways to provide services for specific Users etc. at any time in accordance with applicable laws and regulations.
Subject to this Agreement, only you and no other person shall have the right to any claim against us in connection with use of the Services. You shall not assign, trade or transfer, or attempt to assign, trade or transfer, your right to any such claim. Any such assignment or transfer shall be void and shall not impose any obligation or liability on or against us to the assignee or transferee.
2.Intellectual Property Rights
Bytom MOV is an application developed and owned by Company. The intellectual property rights of any contents displayed in Bytom MOV (including this Agreement, announcements, articles, videos, audios, images, archives, information, materials, trademarks or logos) are owned by Company or the third-party licensors. Users can only use the Bytom MOV applications and its contents for the purpose of holding and managing their Tokens. In particular, without prior written consent (or permit from relevant Open Source License) from the Company or the third-party licensors, no one shall use, modify, decompile, reproduce, publicly disseminate, alter, distribute, issue or publicly publish the abovementioned applications and contents (including Bytom MOV OSC). This Agreement shall not entitle you to any intellectual property rights, including the rights in relation to the use, for any purpose, of any information, image, user interface, logos, trademarks, trade names, internet domain names or copyright in connection with us or the Services.
Any failure by us to enforce this Agreement or to assert any right(s), claim(s) or causes of action against you under this Agreement shall not be construed as a waiver of our right to assert any right(s), claim(s) or causes of action against you.
5.1 The use of Services shall be exclusive of all taxes that are applicable to, arising from, or in connection to your use of the Services in any jurisdiction (“Payable Tax”).
5.2 You shall be responsible for determining any Payable Tax and declaring, withholding, collecting, reporting and remitting the correct amount of Payable Tax to the appropriate tax authorities. You shall be solely liable for all penalties, claims, fines, punishments, or other liabilities arising from the non-fulfilment or non-performance to any extent of any of your obligations in relation to the Payable Tax.
5.3 We shall not be responsible for determining any Payable Tax and declaring, withholding, collecting, reporting and remitting the correct amount of Payable Tax to the appropriate tax authorities.
6.Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of The British Virgin Island (BVI).
In the event of any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, the Parties shall first seek settlement of that dispute. In the event that such dispute is not resolved within a period of 30 days from the commencement of such settlement process, such dispute shall be referred to and finally be resolved by arbitration in accordance with the rules of the Shanghai International Economic and Trade Arbitration Commission (Shanghai International Arbitration Center) for the time being in force.
7.Severance and Partial Invalidity
7.1 If any of part of this Agreement is rendered void, illegal or unenforceable by any legislation to which it is subject, it shall be rendered void, illegal or unenforceable to that extent and no further and, for the avoidance of doubt, the rest of this Agreement shall continue to be valid and in full force and effect.
7.2 The illegality, invalidity or unenforceability of any provision of this Agreement under the law of any jurisdiction shall not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of any other provision.
8.Translated versions of this Agreement
Translated versions of this Agreement (if any) are provided for the convenience of Users, and are not intended to revise the English version of this Agreement. If there is any discrepancy between the English version and non-English version of this Agreement, the English version shall prevail.
1.You shall fully understand and conform to the laws, regulations and rules in your jurisdictions which are relevant to use of the Services.
2.During your use of the Services, if you come across any problems, you can contact us through the submission of your feedbacks on Bytom MOV.
3.This Agreement is accessible for all Users on Bytom MOV. We encourage you to read this Agreement each time you log onto Bytom MOV.
4.This Agreement shall become effective on Aug 6, 2020.
As for any issues not covered in this Agreement, you shall comply with the announcements and relevant rules as updated by Company from time to time.
Chainboat Technology Ltd.
(Company Registration Number:1963344)