Please review the terms of service contained herein carefully. By clicking “I agree” or accessing and/or using any of the Services provided by Touch Answer Limited, You have read, understood, and accepted all of the following Terms, as well as all of the Terms which are incorporated herein by reference.
1. RIGHTS AND OBLIGATIONS
The following terms and conditions (the “Terms”) constitute a binding agreement between Touch Answer Limited, registered under the laws of Hong Kong (Suite 2012, 20/F, Tower1, The Gateway, 25 Canton Road, Tsim Sha Tsui, Kowloon, Hong Kong), and the person, persons, or entity (“You” or “ Your”) accessing and/or using the following service.
-MODULE Wallet, an Ethereum-based decentralized blockchain wallet on Android and iOS mobile applications (as described below in Chapter 2.1).
By accessing and/or using the Services, You have read, understood, and accepted all of the following Terms and agree to be legally bound by these Terms, in their most recent version. You further represent and warrant that: (i) You are of legal age to enter into a binding agreement; and (ii) if You represent a corporation, governmental organization or other legal entity, You have the right, power and authority to enter into these Terms on behalf of such corporation, governmental organization or other legal entity and to legally bind it to these Terms.
Your access and/or use of the Service is contingent upon Your acceptance of these Terms.
Touch Answer Limited may amend these Terms at any time. Amendments will be effective 14 (fourteen) days after the modified terms and conditions have been posted on Android and iOS mobile applications uploaded to the website of Touch Answer Limited https://module.life, except for amendments that relate to new features or made for legal reasons, which will become effective immediately. If You do not agree to such modified terms, You should discontinue Your use of the Services.
1. THE WALLET
The MODULE wallet enables You to create one or more digital multi-signature, non-custodial, cryptocurrency wallets for certain supported cryptocurrencies and digital assets (the “Wallet”) that lets You store, send, request and receive supported cryptocurrencies and digital assets. All transactions requested and/or made through the Wallet are irreversible.
The Wallet is not and shall not be deemed as an account where Touch Answer Limited or other third parties serve as custodians of Your cryptocurrencies or digital assets.
The Wallet is only for use with Ether (ETH) and with any other cryptocurrencies or digital assets that Touch Answer Limited may explicitly decide to support in the future at its sole discretion. Touch Answer Limited has no obligation to support any cryptocurrencies or digital assets (including but not limited to any forkcoins, altcoins, airdrops or any other cryptocurrencies or digital assets, however named). Touch Answer Limited takes no responsibility or liability in connection with any attempt to use Your Wallet for cryptocurrencies or digital assets other than the supported cryptocurrencies and digital assets.
By accessing and/or using the Service, You acknowledge and agree that Touch Answer Limited cannot guarantee the confirmation of any transaction on any blockchain network. Touch Answer Limited has no control over any blockchain network.
While the Wallet has undergone beta testing and continues to be improved through feedback from its users, Touch Answer Limited cannot guarantee that there will be no errors and/or bugs in the functioning of the Wallet.
Touch Answer Limited provides You with the means to secure Your Wallet and help ensure You, and only You, are able to access and transact through Your Wallet, including personal identification numbers (PINs) and private key pairs. Touch Answer Limited does not store or have access to Your PINs or private key pairs. You shall be solely responsible for safekeeping Your PINs, private key pairs, and any other means of authentication You use to access Your Wallet. If You lose such means of authentication, Touch Answer Limited has no way to recover them for You. As a consequence of such loss, You may permanently lose access to any cryptocurrencies or digital assets You have stored in Your Wallet.
2. ANTI MONEY LAUNDERING AND COUNTER TERRORIST FINANCING
Decentralized services, such as the Services, are currently excluded by law from any identification duty. However, the legal environment is still under development. Regulatory authorities are carefully scrutinizing businesses and operations associated to cryptocurrencies in the world. The business model of MODULE Wallet may change because of new legal, regulatory and compliance requirements from any applicable laws in any jurisdictions, even with retroactive effect, especially for KYC (Know Your Customer) and Anti Money Laundering (AML) laws and regulations.
In such case, Touch Answer Limited is committed to apply the AML legislation providing You with safe, compliant, and reputable service. This includes monitoring of suspicious transactions and mandatory reporting to the supervisory authorities. In addition, pursuant to the AML rules, Touch Answer Limited shall keep certain information and documentation on file for a period of ten years after the termination of the relevant business relationship or from the completion of the relevant transaction.
In such case, MODULE Wallet will ask, verify, and record information identifying any person accessing and/or using the Service according to the applicable legal requirements. Therefore, to access and/or use certain Services You may have to follow a KYC (Know Your Customer) process in order to verify Your identity. In such case MODULE Wallet will ask You to obtain a MODULE Identity, where you have to provide true, current and complete information about Yourself. If You are a representative of a corporation, governmental organization or other legal entity, You must prove that You have the right, power and authority to enter into these Terms on behalf of the corporation, governmental organization or other legal entity and to legally bind it to these Terms.
In addition, MODULE Wallet may require You to provide documentation to verify the information You have submitted to MODULE Wallet including, without limitation, an identification card or a passport, a utility bill, a bank statement or any document proving Your identity issued by a governmental body.
Moreover, Your access and/or use of the Service is subject to international economic sanctions requirements. By accessing and/or using the Service, You agree that You will comply with those requirements. In particular, You shall not access and/or use the Services if: (1) You are in, under the control of, or a national or resident of a country subject to United States embargo or UN sanctions (a “Sanctioned Country”), or if You are a person on the sanctions/embargos list published by the Swiss State Secretariat for Economic Affairs (a “Sanctioned Person”); or (2) You intend to supply any cryptocurrencies or digital assets to a Sanctioned Country (or a national or resident of a Sanctioned Country) or Sanctioned Person.
3. SERVICE LIMITATIONS AND MODIFICATIONS
MODULE Wallet will make reasonable efforts to keep the Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, MODULE Wallet reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Services, with or without notice, without liability to You, for any interruption, modification, or discontinuation of the Services or any function or feature thereof.
4. KNOWLEDGE REQUIRED
By accessing and/or using the Services, You represent and warrant that (i) You fully understand and have significant experience of cryptocurrencies, digital assets, blockchain systems and services, and (ii) You fully understand the risks associated with the trading of cryptocurrencies and digital assets as well as the mechanics related to the use of such cryptocurrencies and digital assets (including with respect to their storage and exchange).
Ｂy accessing and/or using the Service, You acknowledge that trading markets are extremely volatile and shift quickly in terms of liquidity, market depth, and trading dynamics. There is no guarantee against losses for accessing and/or using the Services. By accessing and/or using the Services, You represent and warrant that You are not entering into transactions that are above Your financial abilities. Also, cryptocurrencies and digital assets are not suitable for people without the relevant knowledge and/or experience. By accessing and/or using the Services, You further represent and guarantee that You are aware of the risks related to cryptocurrencies and digital assets, for which You are solely responsible and liable.
5. INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that the Service is the property of Touch Answer Limited or its licensors. Subject to Your compliance with these Terms, Touch Answer Limited grants You a limited right to access and/or use the Service. The right to access and/or use the Service is a non-exclusive, non-transferable, revocable, limited licence, and it is subject to the limitations and obligations contained herein. Nothing in these Terms gives You any licence (other than as set out in this section), right, title, or ownership of, in, or to the Service.
You acknowledge and agree that Touch Answer Limited retains all rights, title, and interest in and to all copyrights, trademarks, trade secrets, patents, and any other proprietary rights in the Service, the software and application programming interfaces (APIs) comprising the Service, and all content therein. You acknowledge and agree that “MODULE Wallet”, its trademark, service mark, logo and graphics are the registered trademarks or trademarks of Touch Answer Limited.
6. DATA PROTECTION
Touch Answer Limited may terminate these Terms or suspend Your access to the Services at any time, including, without limitation, in the event of Your alleged or actual misuse of the Services or breach of these Terms.
8. LIMITATION OF LIABILITY
In no event will Touch Answer Limited, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for any loss or damages, including without limitation, direct, indirect, special, consequential, or punitive loss or damages, arising from or related to Your use of the Service, whether in an action of contract, tort or otherwise, and regardless of whether such damages were foreseeable and whether or not Touch Answer Limited was advised of the possibility of such damages.
Without limiting the generality of the foregoing, Touch Answer Limited takes no responsibility for and will not be liable for any financial or other loss or damages arising from or related to the use of the Service, including, without limitation, to any of the following: (i) loss of or inability to access or transact data, cryptocurrencies or digital assets; (ii) technical failure, malfunction or shutdown; (iii) server failure, hacks or unavailability; (iv) data loss; (v) stolen, lost, or unauthorized use of Your means of authorization; (vi) errors calculating network fees; (vii) corrupted data on the servers of Touch Answer Limited; (viii) incorrectly constructed transactions or mistyped wallet addresses; (ix) failure to update or provide correct information; (x)“phishing” or other websites masquerading as MODULE Wallet; (xi) delays, interruption or loss of services; (xii) loss of business or goodwill.
The Service supports or is integrated with third party services. Touch Answer Limited takes no responsibility for any third party services and will not be liable for any loss or damages caused by such third party services.
The Service is provided on an “as is” and “as available” basis without any representation or warranty of any kind, whether express or implied, to the maximum extent permitted by applicable laws. Touch Answer Limited disclaims any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement.
In no event will the aggregate liability of Touch Answer Limited, arising out of or related to these Terms and/or the Service, exceed the amount of 100 (one hundred) HKD.
By accessing and/or using the Service, You acknowledge and agree that You shall not use the Service if applicable laws, based on Your country of location, residency and/or citizenship, prohibit You from doing so in accordance with these Terms.
By accessing and/or using the Service, You acknowledge and agree that You shall not use, or assist third parties to use, the Service any way which may constitute a contravention of applicable laws or which may contradict the purposes or hinder the operations of the Service or hinder the operations of other users of the Service.
Without limitation to the foregoing, You acknowledge and agree that You shall not use, or assist third parties to use the Service to, without limitation, avoid taxes, engage into activities that may amount to market abuse (including, without limitation, front-running, wash trades, etc.), engage into illegal gambling, frauds, money laundering or terrorist activities.
To the fullest extent permitted under applicable laws, You agree to hold harmless and indemnify Touch Answer Limited, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors from and against all third party claims and all liabilities, damages, assessments, losses, costs, or expenses (including reasonable attorney fees) resulting from or arising out of (i) Your alleged or actual breach of these Terms, including, without limitation, Your express representations and warranties; (ii) Your alleged or actual use or misuse of the Service; and (ii) Your alleged or actual infringement or violation of any laws or of the rights of a third party.
You shall be solely responsible for any taxes applying to the payments You make or receive trough the Service, and to collect, report, and remit such taxes to the appropriate tax authorities.
1. ENTIRE AGREEMENT
These Terms constitute all the terms and conditions agreed upon between You and Touch Answer Limited and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral.
2. SEVERABILITY AND WAIVER
Unless as otherwise stated in these Terms, should any provision of these Terms be held totally or partially invalid or unenforceable, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of these Terms, and the application of that provision shall be enforced to the extent permitted by applicable laws.
The failure of Touch Answer Limited to exercise or enforce any of the rights or provisions of these Terms shall not considered as a waiver of the rights of MODULE Wallet to do so.
Touch Answer Limited may assign these Terms and/or delegate any of its obligations hereunder, in whole or in part. You may not assign these Terms or any part of them, nor transfer or sub-license Your rights under these Terms to any third party.
4. NO PARTNERSHIP
Nothing contained in this Agreement shall be deemed or construed to create a principal and agent, partnership or joint venture relationship between You and Touch Answer Limited.
5. FORCE MAJEURE
Touch Answer Limited will not be deemed in default of these Terms to the extent that performance of its obligations is delayed or prevented by reason of any external force including, without limitation, war, insurrections, bank failures, strikes, fires, floods, earthquakes, labor disputes, epidemics, governmental regulations, freight embargoes, natural disaster, act of government or any other cause beyond the reasonable control of Touch Answer Limited.
6. GOVERNING LAW AND JURISDICTION
The Terms for the Wallet service offered by Touch Answer Limited are subject to and governed by Hong Kong law to the exclusion of Hong Kong international private law and any international treaties. All disputes arising from or under these Terms, for the Wallet Service, shall be subject to the exclusive jurisdiction of the competent courts of Hong Kong.
7. NO CLASS PROCEEDINGS
You will only be permitted to pursue claims against Touch Answer Limited on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and You will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
8. TIME BAR
You acknowledge and agree that any claim or cause of action arising out of or in connection with the Service shall be commenced within 1 (one) year after its accrual; thereafter, any such claim or cause of action shall be permanently barred.
If You have any questions regarding these Terms, please contact us at firstname.lastname@example.org.