Paytop Technology. (hereinafter referred to as “Top Wallet” or "we") operates the Platform (as defined below) and provides Services (as defined below). These Terms of Use (this “Agreement”) constitutes a legally binding agreement between Top Wallet and you (hereinafter referred to as "you" or "user") and governs your access to the Platform and use of Services. Any additional terms, conditions, limitations, disclaimers and obligations contained within and on the Platform are incorporated in to this Agreement by reference.
Top Wallet hereby reminds you that before accessing the Platform or using the Services, you should read this Agreement carefully. When you access the Platform, use the Services, download the Top Wallet software and/or create or import a wallet, itni is deemed that you have read and fully accepted all the terms of this Agreement, as updated and amended from time to time, and sought independent legal advice where necessary which will take effect immediately and be binding on both parties.
If you do not agree with this Agreement, please leave the Platform and cease using our Services immediately. Your continued access the Platform and use of Services will be deemed to accept this Agreement.
1.Eligibility
To be eligible to use the Services provided by Top Wallet, you must:
1.1 be an individual or corporation with full power and capacity;
1.2 not be below the age of 18;
1.3 not be accessing the Service in a jurisdiction where such Services are not permitted, restricted or illegal;
1.4 not be prohibited, restricted, unauthorized or ineligible to use the Services in any form or by any means (in whole or in part) as a result of this Agreement, legal or regulatory requirements, including a person who is included in any trade embargoes or economic sanctions or terrorist list such as OFAC, the denied persons or entity list of the U.S. Department of Commerce, or a person who is located, a citizen of, or a resident of a country listed below:
Crimea, Donetsk and Luhansk of Ukraine
Cuba
Iran
North Korea
Sudan
Syria
Iraq
Libya
Yemen
Afghanistan
Central African Rep
Congo, the Democratic Republic
Guinea Bissau
Haiti
Lebanon
Somalia
South Sudan
The United States
The U.S. Territories (Puerto Rico, Guam, U.S. Virgin Islands, American Samoa and Northern Mariana Islands)
The U.S. Minor Outlying Islands (Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, Wake Island)
2. Service
2.1 Create a wallet. You can use Top Wallet to generate a new MPC wallet.
2.2 Transfer and collection. You can use the transfer and collection functions of Top Wallet to manage Supported Digital Tokens by using the Private Key to perform electronic signatures and modify the ledger of the relevant blockchain. Transfer means that the payer uses the payee's blockchain address to perform transfer operations, and the actual transfer and collection behaviors take place in the relevant blockchain system, not Top Wallet.
2.3 Storage and Management of Tokens. You can manage Supported Digital Tokens in a secure manner.
2.4 Manage digital assets. You can use Top Wallet to add, keep and remove Supported Digital Tokens.
2.5 Transaction records. We may copy all or part of your transaction records through the blockchain system. However, the transaction records are subject to the records of the blockchain system.
2.6 Token swap. Users can swap Supported Digital Tokens with third-party smart contracts or third-party DEXs. Top Wallet is used as an interface tool to help users interact with third parties and display the corresponding results of the digital token swap. You acknowledge and agree that: (i) swap may be a Third-party Service performed by a third-party service provider; (ii) Top Wallet is not responsible for your use of Third-party Services and shall have no liability whatsoever in connection with your use of such Third-party Services, including but not limited to fees charged by third party service provider or transaction disputes.
2.7 Private Key sharing service: Our in-house developed algorithm enables you to generate three (3) key shares from your Private Key. When transactions need to be signed, the signature of the original Private Key will be computed from all of the key shares which make up the Private Key by running it through our multi-party computation protocol.
2.8 Private Key share storage service: The key shares will be stored separately. The two shards are kept by the user, one of which will be bound to the user's account and stored locally, and the other can be backed up to iCloud or Google Drive. The remaining shard will be stored on the server and will only be used when signing or recovering the key is needed. All shards are bound to your login account. If you lose your account or forget your password, we will not be able to recover your account.2.9 Other services: any other services as provided by Top Wallet from time to time.
(each a "Service" and collectively the "Services")
2.10 We may update the Services from time to time at our sole discretion. This means that we may make any change, replace, or discontinue (temporarily or permanently) our partial or all of the Services at any time for any reason with or without notice.
2.11 Staking Service: If you access or use the staking service, a third party may stake certain digital assets on your behalf, acting as a transaction validator on the applicable blockchain network. If a block of transactions is successfully validated, a reward is granted by that network. You acknowledge and agree that we are not responsible for your use of the staking service and shall have no liability whatsoever in connection with such service.
2.12 It is understood and acknowledged that Top Wallet who provides decentralized Services does not provide the following services:
(a) store Private Key and mnemonics;
(b) retrieve the user's Private Key and/or mnemonics;
(c) freezeTop Wallet;
(d) Restore the wallet only if the user has backed up the recovery key;
(e) report the loss of the Top Wallet;
(f) reverse any transaction;
(g) any other services outside the scope of Services.
3.Your rights and obligations
Create or import a wallet
3.1 Create or import a wallet: You have the right to create and/or import a wallet, to set the wallet password and other information of the wallet, and to use your own wallet through the Top Wallet application. Transactions such as transferring and receiving money are carried out on the blockchain.
3.2 We may develop different software versions for different terminal devices, you should choose to download the appropriate version for installation according to your actual needs. We provides the Top Wallet and the Services on an "as is" and "as available" basis. If you obtain this software or an installation program with the same name as this software from a third party that is not legally authorized, we shall have no liability whatsoever in connection with your use of such software.
3.3 After a new version of this software is released, the old version of the software may not be available. Top Wallet does not guarantee the security, continued availability and corresponding customer service of older versions of the software. You are responsible for checking and downloading the latest version.
Usage
3.4 Users are responsible for taking appropriate action to keep their mobile devices, wallet passwords, Private Keys, mnemonics, and other information safe and secure. Top Wallet is not responsible for keeping the above information for users. You shall bear all risks, responsibilities, losses and expenses caused by your loss in connection with this section.
3.5 The Services provided by Top Wallet do not include all existing digital tokens. Our Services are only available in connection with Supported Digital Tokens. You shall not use or operate any digital tokens that Top Wallet does not support. We assume no liability in connection with any attempt to use tokens other than Supported Digital Token.
3.6 User shall be solely responsible for the mistake made in the transaction such as entering the wrong transfer address, or wrongly amount.
3.7 You agree to pay Top Wallet the service fees (if any) in a timely manner, otherwise we are entitled to suspend the Services.
3.8 You acknowledge and agree that some of the services are Third-party Services performed by third-party service providers and governed by separate terms, Top Wallet is not responsible for your use of Third-party Services and shall have no liability whatsoever in connection with your use of such Third-party Services. Before accepting such services or conducting transactions on third-party dApps, you should judge and evaluate whether there are risks in the services or transactions, make rational decisions and independently assume the corresponding risks.
3.9 You acknowledge and agree that at all time when operating on Top Wallet or using dApps on Top Wallet to conduct transactions, you should follow the requirements of relevant laws, acts and regulations.
3.10 We may suspend the provision of the Services at any time without prior notice to you and will not be liable for any losses arising in the event of a suspension when:
(a) business interruption due to technical reasons such as equipment, blockchain maintenance, upgrades, failures, and communication interruptions;
(b) force majeure factors including, but not limited to typhoons, earthquakes, tsunamis, floods, power outages, wars or terrorist attacks, viruses, Trojan horses, hacker attacks, system instability, government actions, where the Top Wallet's system cannot provide services;
(c) we reasonably believe that the provision of the Services involves legal, regulatory or business risks; or
(d) other circumstances that we deem necessary to suspend the provision of Services at our sole discretion.
3.11 We may unilaterally suspend, cancel or terminate your use of partial or all of the Services and will not be liable for any losses arising in the event of a suspension of service when:
(a) the user deceases;
(b) you have breached or alleged breach any of your undertakings or obligations in this Agreement or any of representations or warranties you made turn out to be false, misleading, inaccurate or incomplete
(c) we determine that your conduct in the use of the Services is illegal or in any way hurts the reputation or goodwill of Top Wallet or its affiliates including but not limited to the following types of misconduct:
(i) stealing other people's wallet information;
(ii) providing false information when filling in personal information;
(iii) not accepting the forced update initiated by us for improving the function of the Services;
(iv) any illegal or criminal activities such as money laundering or terrorist financing;
(v) falsely claiming to be a staff member or manager of the Top Wallet;
(vi) attack, invade, alter or in any other way threaten the normal operation of our computer system;
(vii) using Top Wallet to promote scams;
(viii) spreading rumors and damaging the goodwill of Top Wallet and affiliates; or
(ix) other circumstances that we deem necessary to suspend, cancel or terminate the provision of Services at our sole discretion.
Transfer
3.12
You acknowledge that based on the "irreversible" nature of transactions in the blockchain system, we are unable to suspend or revoke operations such as transfer transactions for you. You are responsible for any associated loss and liability.
3.13 You acknowledge that when using the Services, the following situations may result in a transfer "transaction failure" or "packaging timeout" and you shall be solely responsible for any losses arising including but not limited to:
(a) insufficient wallet balance or miner fees;
(b) the blockchain failing to execute the contract code;
(c) exceeding the payment limit stipulated by regulatory authorities, Top Wallet or laws and regulations;
(d) technical failure of network, equipment, etc.;
(e) transactions are abandoned due to block chain network congestion, failures, etc.;
(f) Your address or counterparty address is identified as a special address, such as high-risk address, exchange address, ICO address, Token address, etc.
3.14 Top Wallet only provides you with transfer tools. After you use Top Wallet to complete the transfer, we have completed the Services. Top Wallet is not responsible for disputes outside the scope of its Services.
3.15 Top Wallet will send you notifications in the form of announcements, pop-up prompts or client notifications, for example, to notify you of transaction progress, or to prompt you to perform related operations. Please promptly pay attention to them and take appropriate actions.
3.16 You acknowledge and agree that due to the unstable environment and network status you are in, if your transfer operation is not completed, the relevant blockchain may still charge fees and it’s your responsibility to settle the fee.
3.17 You are responsible for paying all taxable and other expenses incurred as a result of your transactions on Top Wallet.
4.Prohibited Actions
4.1 You shall not grant permission to any third party to use or access your wallet. You are fully responsible for all acts or omissions of any third party user with access to your wallet. You shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Services, Platform and/or information. In the event of such unauthorised access or use, you shall notify Top Wallet promptly.
4.2 You agree that you will not undertaking any of the following, nor use Top Wallet or the Services for any illegal purpose or illegal manner, such as:
(a) breaches or attempt to breach the terms of this Agreement;
(b) breaches any laws or regulations;
(c) engage in any illegal, fraudulent or criminal activities, including but not limited to money laundering, terrorist financing or illegal fundraising;
(d) use any automated programs, software, engines, web crawlers, web analysis tools, data mining tools or similar tools to access the Top Wallet's services, collect or process the content provided by the Top Wallet, interfere or attempt to interfere with any user or any access to the Services in other ways;
(e) provide gambling information or induce others to participate in gambling in any way;
(f) invade others' Top Wallet to steal digital tokens;
(g) engage in any acts that infringe or may infringe the Service system and data; or
(h) other illegal and inappropriate behaviors that Top Wallet has justifiable reasons for.
5.Airdrop
By participating in the Airdrop, the participant expressly acknowledges and assumes all risk related thereto. The participants also agree and acknowledge that:
5.1 You represent and warrant that all information provided during the Airdrop process is true, accurate, and complete. You agree and acknowledge that Top Wallet reserves the right to require additional information from you and to share such information with affiliated third party service providers as Top Wallet deems appropriate in its sole discretion. You agree and acknowledge that Top Wallet is not responsible and cannot be held liable for any losses, expenses, or delays resulting from inaccurate or incomplete information, and you agree to assume full responsibility for any and all risks associated therewith.
5.2 Your participation in the Airdrop and receipt of tokens are not prohibited by applicable law. You will not use a virtual private network or similar tool to circumvent any geo-blocking and/or other restrictions that we have implemented in connection with the Airdrop. Any such deliberate circumvention, or attempted circumvention, of our controls may permanently disqualify you from participation in the Airdrop, as determined in our discretion.
5.3 You are solely responsible and liable for all taxes due in connection with your participation in the Airdrop; and you should consult a tax advisor with respect to the tax treatment of Airdrop in your jurisdiction.
5.4 Your eligibility to receive Airdrop tokens or participate in the Airdrop is subject to our sole discretion or an set out in any airdrop announcement, or notification to you in writing. Participants must follow the instructions set forth in any Airdrop announcement and/or such other instructions as may be provided by Top Wallet from time to time.
5.5 Your participation in the Airdrop is at your own risk. You are solely responsible for participating in the Airdrop and, if applicable, for all activities that occur on or through your participation.
6.Indemnity
You shall indemnify and hold harmless us from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third-party, governmental authority, or industry body, and all claims, liabilities, damages (actual and consequential), losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation), costs, and expenses, including without limitation all interest, penalties and legal and other reasonable attorneys’ fees and other professional costs and expenses (“Loss” or “Losses”), arising out of or in any way connected with:
6.1your access to the Platform or use of Services;
6.2your breach or alleged breach of this Agreement or any other relevant agreements;
6.2your contravention of any applicable laws and regulations; and
6.4your violation of any right of third party.
7.Disclaimer and Limitation of Liability
7.1Top Wallet is only responsible for the obligations set out in this Agreement. In no event will Top Wallet or any its affiliates be responsible or liable to you for any Losses, damages, or costs arising out of or in connection with this Agreement.
7.2Top Wallet provides the Services on an “as is” and “as available” basis and expressly disclaims, and you waive, any and all warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, title or non-infringement of warranties arising from course of performance, course of dealing or usage in trade. Without limiting the foregoing, we do not represent or warrant that the Services are accurate, complete, reliable, current or error-free, or free of viruses or other harmful components. The defects on the Platform will not aggravate the responsibility or duty of care of Top Wallet.
7.3 Top Wallet cannot control the quality, safety or legality of Third-Party Services, the authenticity or accuracy of the information provided by third party. Any transactions taking place between you and any third party service provider are committed at your own risk.
7.4Top Wallet can only provide the Services in accordance with this Agreement. We are not responsible for the failure to provide the Services due to the following reasons:
(a) Top Wallet system shut down for maintenance or upgrade;
(b) force majeure incidents;
(c) you use of the Services improperly or without authorization or approval of Top Wallet, not in compliance with this Agreement or instructions from Top Wallet;
(d) due to viruses, bugs, Trojan horses, malicious program or harmful code attacks, network congestion, system instability, system or equipment failures, communication failures, power failures, bank and other reasons or government actions;
(e) loss of digital tokens due to users losing mobile devices, deleting and not backing up Top Wallet, deleting and not backing up wallets, wallet theft or forgetting wallet passwords, Private Keys, mnemonics, and keystore.
(f) loss of digital tokens caused by the user discloses the wallet password, Private Key, mnemonic, keystore, or borrows, transfers or authorizes others to use their own mobile device or Top Wallet, or fails to download the Top Wallet application or other unsafe wallet through the official channels of ours;
(g) loss of digital tokens due to user misoperation (including but not limited to your input of the wrong transfer address, the problem of your own choice of transfer node server, caused by users not understanding the nature of blockchain technology);
(h) due to any time lag or instability of the blockchain;
(i) Any other reasons as determined by the Top Wallet to suspend the Services which is out of our control.
8.Intellectual Property
Intellectual Property right
8.1 Top Wallet is an application developed and owned by us. The intellectual property rights of any content displayed in Top Wallet (including this Agreement, announcements, articles, videos, audios, pictures, files, information, materials, trademarks or logos) are owned by us or third-party rights holders. Without the prior written consent of us or third-party rights holders, no one may use, modify, decompile, reproduce, publicly transmit, change, distribute, publish or publicly publish the above-mentioned applications and contents.
8.2Top Wallet reserves all rights under this Agreement. If you download or print a copy of the Agreement for your own personal use, you must retain all trademark, copyright and other proprietary notices contained in and on the Agreement
8.3You agree that Top Wallet will be entitled to all legal and equitable remedies otherwise available to it to protect the intellectual property rights and those of its licensors including, without limitation, the right to seek and obtain injunctive relief and enforce the same against you.
License
8.4Top Wallet grants each user a non-exclusive and limited license to use the object code version of the Top Wallet software for non-commercial purposes. Each User may make a single copy of the Top Wallet software in object code form for archival or backup purposes. Users are prohibited from reverse engineering, decompiling or disassembling the App or attempting to gain access to the source code of the App except and only to the extent that it is expressly permitted by applicable law.
8.5 User is prohibited from transferring or assigning this Agreement and/or any rights or obligations hereunder without the prior written consent of Top Wallet.
8.6 Your rights under this Agreement will automatically terminate if you breach any of your obligations under this Agreement.
8.7 Promptly after such termination of this Agreement, you will destroy all copies of the Top Wallet software and uninstall it from your device.
8.8 All rights not expressly granted are reserved.
9.Governing law and Dispute Resolution
Governing Law
9.1 Applicable Law: This Agreement shall be governed by and construed in accordance with the laws and regulations of the United Arab Emirates as applicable in the Dubai Integrated Economic Zones Authority (DIEZ), and where applicable, the federal laws of the United Arab Emirates.
Agreement to submit to arbitration 9.2 Initial Dispute Resolution: To the extent permitted by law, you agree to waive your rights to any jury trial and for any dispute arising out of or related to this Agreement to be resolved in court. Instead, for any dispute or claim that you have against Top Wallet or relating in any way to this Agreement, you agree to first contact Top Wallet and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to us by email at
cs@paytop.io. The Notice must:
(a) Include your name, residence address, email address, and telephone number;
(b) Describe the nature and basis of the claim; and
(c) State the specific relief sought.
Our notice to you will be similar in form to that described above. If you and Top Wallet cannot reach an agreement to resolve the claim within 30 days after such Notice is received, then either party may then submit the dispute to binding arbitration as prescribed below.
9.3 Arbitration: Any dispute, controversy, difference, or claim arising out of or relating to this Agreement, including the existence, validity, interpretation, performance, breach, or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to the Agreement, will be referred to and finally resolved by arbitration administered by the Dubai International Arbitration Centre (DIAC) under the DIAC Arbitration Rules in force when the Notice of Arbitration is submitted.
9.4 Arbitration Details: You and we agree that:
(a) Governing Law of Arbitration Agreement: The law governing this arbitration agreement shall be the laws of the United Arab Emirates as applicable in the Dubai Integrated Economic Zones Authority (DIEZ);
(b) Seat of Arbitration: The seat or legal place of arbitration will be Dubai, United Arab Emirates;
(c) Number and Qualification of Arbitrators: Unless you and we agree otherwise, the number of arbitrators will be one (1), and that arbitrator must have relevant legal and technological expertise;
(d) Appointment of Arbitrator: If you and we do not agree on the arbitrator to be appointed within 15 working days of the dispute proceeding to arbitration, the arbitrator shall be appointed by the Chairman of the DIAC;
(e) Arbitration Proceedings: The arbitration may conduct only an individual arbitration and may not:
(i) Consolidate more than one individual’s claims;
(ii) Preside over any type of class or representative proceeding;
(iii) Preside over any proceeding involving more than one individual; and;
( iv) The arbitration proceedings will be conducted in English.
9.5 Time Limit for Claims: Any claim to be brought by you arising out of or related to this Agreement must commence arbitration proceedings strictly within one year after such claim arises, failing which it shall be irrevocably time-barred. Time-barred claims mean that there is no longer any lawful right to assert such claims nor to commence any formal legal action.
9.6 Confidentiality: You shall maintain the confidentiality of any arbitration proceedings, judgments, and awards, including all information gathered, prepared, and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy, or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
9.7 Injunctive Relief: Notwithstanding any other provision of the Agreement, you agree that we have the right to apply for injunctive remedies (or an equivalent type of urgent legal relief) or equitable relief in any jurisdiction.
9.8 Individual Action Only: You agree that any dispute arising out of or related to the Agreement:
(a) Is personal to you and Top Wallet; and
(b) Will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
9.9 Severability: If any portion of this section is found to be unenforceable or unlawful for any reason:
(a) Only the unenforceable or unlawful provision shall be severed/deleted;
(b) Severance of the unenforceable or unlawful provision should have no impact whatsoever on the remainder of this section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this section; and
(c) To the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims should be stayed pending the outcome of any individual claims in arbitration.
10.No Waiver
Any failure by Top Wallet to exercise any of its rights, powers, or remedies under this Agreement, or under other relevant agreement or law, does not constitute a waiver of any such right, power or remedy.
11.Definition
11.1 Agreement: means this Top Wallet Terms of Use.
11.2 Claim:means any dispute, claim difference or controversy between you and Top Wallet arising out of, or relating in any way to:
(a) This Agreement or relevant agreements, including their existence, validity, subject matter, interpretation, performance, breach, negotiation, termination, enforceability or the consequences of their nullity;
(b) your relationship with Top Wallet as a user (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of this Agreement);
(c) any non-contractual obligations arising out of or relating to this Agreement, or your relationship with Top Wallet.
11.3 Loss or Losses: has the meaning given in Section 6.
11.4 Notice: has the meaning given in Section 9.2.
11.5 Platform: means the Top Wallet website and application(s).
11.6 Private Key: means the key composed of 256 random characters and is the core of the user's possession and use of digital tokens.
11.7 Public Key: means the Private Key generated by one-way derivation with the help of cryptographic principles, and is used to generate the blockchain digital wallet address, which is the public payment address.
11.8 Service: has the meaning given in Section 2.
11.9 Supported Digital Tokens: Our Services are only available in connection with Supported Digital Tokens, which may change from time to time.
11.10 Third-party Services: means the products and services provided by third-party dApps, third-party DeFi, third-party smart contracts, third-party open source protocols, third-party web pages, third-party hardware wallets, third-party online web wallets and third-party exchanges.
11.11 User Key Share: has the meaning given in Section 2.8.
12.Risk Warning
12.1 The market data function provided by Top Wallet is only a search result of capturing the exchange rate information of digital tokens of some exchanges, and does not represent the latest information or the best quotation.
12.2 When using the Services, if you or your counterparty fail to comply with this Agreement or the operation tips and rules in the relevant Platform descriptions, transactions, and payment pages, Top Wallet does not guarantee that the transaction will be successfully completed and does not liable to you for any losses or damages, or arising out of or in connection with such failure.
12.3 During the transaction process, you should judge by yourself whether the other party is a person with full civil capacity and decide whether to conduct transactions with the other party or transfer money to the other party, etc., and you shall bear all the risks related to this.
12.4 During the transfer process, if there is a similar abnormal message such as "transaction failure", "packaging timeout", etc., you should re-confirm through the official channels of the relevant blockchain or other blockchain query tools to ensure that the transaction fails. Avoid repeated transfers; otherwise, all losses and expenses arising therefrom shall be borne by you.
12.5 We recommend that you make a safe backup of your wallet's password, Private Key (defined below), and mnemonics when creating or importing a wallet. We recommend you not to use the following backup methods: screenshots, emails, notepads, text messages, WeChat, QQ and other electronic backup methods. We recommend that you transcribe information such as mnemonics on a paper notepad, and you can also store electronic data in a password manager.
12.6 We recommend that you use Top Wallet in a safe network environment to ensure that your mobile device is not jail-broken or attacked to avoid possible security risks.
12.7 In the process of using our Services, beware of frauds or notices from non-official sources of Top Wallet. We encourage you to notify us as soon as you discover such behavior.
12.8 There is a risk that the mnemonic phrase associated with the User Key Share may be lost or stolen by nefarious hackers which may result in you losing access to the digital assets stored at such associated blockchain addresses. Top Wallet is not responsible for any losses arising from such an occurrence.
12.9 Please note that Top Wallet does not provide legal, tax or investment advice and other services. You should seek advice from legal, tax, and investment professionals, and we are not responsible for any investment loss, data loss, etc. you suffer while using our services.
12.10 You fully understand below risks and agree you access the Platform and Services at your own risk:
(a) value loss: digital assets, including the tokens, can completely lose all market value such as the tokens ceasing to have any utility.
(b) market liquidity & volatility risks: There is no prior market for and there may not be an active or liquid market for digital assets. Even if the digital assets are traded on the secondary market, there may be insufficient buyers or sellers. The value of the digital assets could be subject of price volatility.
(c) regulatory risks: the laws, regulations and directives governing distributed ledger technologies, cryptographic tokens, and digital assets are uncertain, and regulations or policies may materially adversely affect the digital asset economy.
(d) risks associated with taxation: The tax treatment toward digital assets are uncertain and there may be adverse tax consequences upon certain future events.
(e) risks associated with negative publicity: negative publicity, whether or not justified, may materially and adversely affect the adoption, market perception and/or price of the crypto assets.
(f) technology risks: There are unanticipated risks arising from the technology supporting digital assets and there may be weaknesses, vulnerabilities or bugs in the distributed networks, protocols, systems, and smart contracts in connection with the digital assets, which may result in a total loss of digital assets arising from theft, cyber-attacks, exploits, malfunctions, misuse or other factors.
(g) risks associated with consensus mechanisms of blockchains and distributed networks: distributed networks and blockchains utilise various consensus mechanisms (including ‘proof-of-work’, ‘proof-of-stake’, a variation thereof, or other consensus mechanisms) each having unique risks. These include malicious or exploitive actions by nodes or network participants or a failure of such consensus mechanisms to work as intended resulting in forks and/or other circumstances rendering the distributed network associated with the relevant digital asset effectively unusable.