ADDX Go Terms of Service
Last Updated: June 26, 2024
General Rules – For all users
1. Your Relationship with Us
Welcome to ADDX Go (the “Platform”), which is provided by ADDX Digital Pte. Ltd. or its affiliates (collectively such entities will be referred to as “ADDX Go”, “we” or “us”).
You are reading the terms of service (the “Terms”), which govern the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use the Platform and our related websites, services, applications, products and content (collectively, the “Services”). Our Services are provided for private, non-commercial use. For purposes of the Terms, “you” and “your” means you as the user of the Services.
The Terms form a legally binding agreement between you and us. Please take the time to read them carefully.
2. Accepting the Terms
By accessing or using our Services, you confirm that you can form a binding contract with ADDX Go, that you accept the Terms and that you agree to comply with them. Your access to and use of our Services is also subject to our Privacy Policy and Community Guidelines, the terms of which can be found directly on the Platform, or where the Platform is made available for download, on your mobile device’s applicable app store, and are incorporated herein by reference. By using the Services, you consent to the terms of the Privacy Policy.
If you access or use the Services from within a jurisdiction for which there are separate supplemental terms, you also agree to the supplemental terms applicable to you in the applicable jurisdiction as outlined below and agree to comply with them. If there is a conflict between the provisions of the supplemental terms that are applicable to you, and the rest of the Terms, the relevant jurisdictions’ supplemental terms will supersede and control. If you do not agree to the Terms, you must stop accessing or using the Services.
If you are accessing or using the Services on behalf of a business or entity, then (a) “you” and “your” includes you and that business or entity, (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the entity to the Terms, and that you agree to the Terms on the entity’s behalf, and (c) your business or entity is legally and financially responsible for your access or use of the Services as well as for the access or use of your account by others affiliated with your entity, including any employees, agents or contractors.
You can accept the Terms by accessing or using our Services. You understand and agree that we will treat your access or use of the Services as acceptance of the Terms from that point onwards.
You should print off or save a local copy of the Terms for your records.
3. Changes to the Terms
We amend the Terms from time to time, for instance when we update the functionality of our Services, when we combine multiple apps or services operated by us or our affiliates into a single combined service or app, or when there are regulatory changes. We will use commercially reasonable efforts to generally notify all users of any material changes to the Terms, such as through a notice on our Platform, however, you should look at the Terms regularly to check for such changes. We will also update the “Last Updated” date at the top of these Terms, which reflect the effective date of such Terms. Your continued access or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Services.
4. Your Account with Us
To access or use our Services, you must create an account with us. When you create this account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete. It is important that you keep your account password confidential and that you do not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your account, you must notify us immediately at: support@addxgo.io.
You agree that you are solely responsible (to us and to others) for the activity that occurs under your account.
We reserve the right to disable your user account at any time, including if you have failed to comply with any of the provisions of the Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third-party rights, or violate any applicable laws or regulations.
If you no longer want to use our Services again, and would like your account to be deleted, contact us at: support@addxgo.io. We will provide you with further assistance and guide you through the process. Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have added or posted to your account.
5. Your Access to and Use of Our Services
Your access to and use of the Services is subject to the Terms and all applicable laws and regulations. You may not:
- access or use the Services if you are not fully able and legally competent to agree to the Terms;
- make unauthorised copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Services or any content included therein, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof;
- distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof;
- market, rent or lease the Services for a fee or charge, or use the Services to advertise or perform any commercial solicitation;
- use the Services, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
- interfere with or attempt to interfere with the proper working of the Services, disrupt our website or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services;
- incorporate the Services or any portion thereof into any other program or product. In such case, we reserve the right to refuse service, terminate accounts or limit access to the Services in our sole discretion;
- use automated scripts to collect information from or otherwise interact with the Services;
- impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Services;
- intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- use or attempt to use another’s account, service or system without authorisation from ADDX Go, or create a false identity on the Services;
- use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services, such as trading reviews with other users or writing or soliciting fake reviews;
- use the Services to upload, transmit, distribute, store or otherwise make available in any way:
- files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
- any unsolicited or unauthorised advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation;
- any private information of any third party, including addresses, phone numbers, email addresses, number and feature in any personal identity document (e.g., national identification numbers, passport numbers) or credit card numbers;
- any material which does or may infringe any copyright, trademark or other intellectual property or privacy rights of any other person;
- any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory;
- any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm;
- any material that is deliberately designed to provoke or antagonise people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people;
- any material that contains a threat of any kind, including threats of physical violence;
- any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality;
- any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or
- material that, in the sole judgment of ADDX Go, is objectionable or which restricts or inhibits any other person from using the Services, or which may expose ADDX Go, the Services or its users to any harm or liability of any type.
In addition to the above, your access to and use of the Services must, at all times, be compliant with our Community Guidelines. We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion for any reason or no reason. Some of the reasons we may remove or disable access to content may include finding the content objectionable, in violation of the Terms or our Community Guidelines, or otherwise harmful to the Services or our users.
Our automated systems analyse your content (including emails) to provide you personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored.
6. Your Access to and Use of Our Wallet
a. Eligibility
To be eligible to use the Services provided by ADDX Go Wallet, you must:
- be an individual or corporation with full power and capacity;
- not be accessing the Service in a jurisdiction were such Services are not permitted, restricted or illegal;
- 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 Terms, 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
b. Service
- Create wallet. You can use ADDX Go Wallet to generate a new wallet for Supported Digital Tokens.
- Transfer and collection. You can use the transfer and collection functions of ADDX Go Wallet to manage Supported Digital Tokens by using the Private Key share 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 behaviours take place in the relevant blockchain system, not ADDX Go Wallet.
- Storage and Management of Tokens. You can manage Supported Digital Tokens in a secure manner.
- Manage digital assets. You can use ADDX Go Wallet to add, keep and remove Supported Digital Tokens.
- Browse dApps. Through the link on ADDX Go Wallet, you can be redirected to the dApp and use the services provided by the dApp (including the ADDX Go Wallet's own dApp and third-party dApps).
- 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.
- Token swap. Users can swap Supported Digital Tokens with third-party smart contracts or third-party DEXs. ADDX Go 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) ADDX Go 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.
- Private Key sharing service: Our algorithm enables you to generate three (3) Private Key shares when creating your wallet. When transactions need to be signed, the signature will be computed from two (2) of the key shares by running them through our multi-party computation protocol.
- Private Key share storage service: The key shares will be stored separately. One key share will be bound to the user's centralized email account, and the other will be bound to the user's mobile phone device and stored locally in the client’s device, which you will have sole access to and control over (“User Key Share”). The final key share will be backed up using your iCloud or Google Drive. You are solely responsible for the safekeeping of the User Key Share which will not be stored or accessible by us at any point in time. We will not be able to recover your wallet if you have lost or lost access to your User Key Share.
- Other services: any other services as provided by ADDX Go Wallet from time to time.
(each a "Service" and collectively the "Services") - 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.
- 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.
- It is understood and acknowledged that ADDX Go who provides decentralized Services does not provide the following services:
- store Private Key and mnemonics;
- retrieve the user's Private Key and/or mnemonics;
- freeze or restore ADDX Go Wallet;
- report the loss of the ADDX Go Wallet;
- reverse any transaction;
- any other services outside the scope of Services.
c. Your rights and obligations
- Create a wallet: You have the right to create a wallet, to set the wallet passcode and other information of the wallet, and to use your own wallet through the ADDX Go application. Transactions such as transferring and receiving money are carried out on the blockchain.
- 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 ADDX Go 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.
- After a new version of this software is released, the old version of the software may not be available. ADDX Go 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.
- Users are responsible for taking appropriate action to keep their mobile devices, wallet passcodes and other information safe and secure. ADDX Go 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.
- The Services provided by ADDX Go 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 ADDX Go Wallet does not support. We assume no liability in connection with any attempt to use tokens other than Supported Digital Token.
- User shall be solely responsible for the mistake made in the transaction such as entering the wrong transfer address, or wrong amount.
- You acknowledge and agree that some of the services are Third-party Services performed by third-party service providers and governed by separate terms, ADDX Go 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.
- You acknowledge and agree that at all time when operating on ADDX Go Wallet or using dApps on ADDX Go Wallet to conduct transactions, you should follow the requirements of relevant laws, acts and regulations.
- 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:
- business interruption due to technical reasons such as equipment, blockchain maintenance, upgrades, failures, and communication interruptions;
- 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 ADDX Go Wallet's system cannot provide services;
- we reasonably believe that the provision of the Services involves legal, regulatory or business risks;
- other circumstances that we deem necessary to suspend the provision of Services at our sole discretion.
- 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:
- the user deceases;
- you have breached or alleged breach any of your undertakings or obligations in this Terms or any of representations or warranties you made turn out to be false, misleading, inaccurate or incomplete
- we determine that your conduct in the use of the Services is illegal or in any way hurts the reputation or goodwill of ADDX Go or its affiliates including but not limited to the following types of misconduct:
- stealing other people's wallet information;
- providing false information when filling in personal information;
- not accepting the forced update initiated by us for improving the function of the Services;
- any illegal or criminal activities such as money laundering or terrorist financing;
- falsely claiming to be a staff member or manager of ADDX Go;
- attack, invade, alter or in any other way threaten the normal operation of our computer system;
- using ADDX Go Wallet to promote scams;
- spreading rumours and damaging the goodwill of ADDX Go and affiliates;
- other circumstances that we deem necessary to suspend, cancel or terminate the provision of Services at our sole discretion.
- xi.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.
- xii.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:
- insufficient wallet balance or miner fees;
- the blockchain failing to execute the contract code;
- exceeding the payment limit stipulated by regulatory authorities, ADDX Go Wallet or laws and regulations;
- technical failure of network, equipment, etc.;
- transactions are abandoned due to blockchain network congestion, failures, etc.;
- Your address or counterparty address is identified as a special address, such as high-risk address, exchange address, ICO address, Token address, etc.
- ADDX Go Wallet only provides you with transfer tools. After you use ADDX Go Wallet to complete the transfer, we have completed the Services. ADDX Go is not responsible for disputes outside the scope of its Services.
- ADDX Go 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.
- 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.
- You are responsible for paying all taxable and other expenses incurred as a result of your transactions on ADDX Go Wallet.
Create a wallet
Usage
Transfer
d. Prohibited Actions
- 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 ADDX Go promptly.
- You agree that you will not undertaking any of the following, nor use ADDX Go Wallet or the Services for any illegal purpose or illegal manner, such as:
- breaches or attempt to breach the Terms;
- breaches any laws or regulations;
- engage in any illegal, fraudulent or criminal activities, including but not limited to money laundering, terrorist financing or illegal fundraising;
- use any automated programs, software, engines, web crawlers, web analysis tools, data mining tools or similar tools to access the ADDX Go Wallet's services, collect or process the content provided by the ADDX Go Wallet, interfere or attempt to interfere with any user or any access to the Services in other ways;
- provide gambling information or induce others to participate in gambling in any way;
- invade others' ADDX Go Wallet to steal digital tokens;
- engage in any acts that infringe or may infringe the Service system and data; or
- other illegal and inappropriate behaviours that ADDX Go has justifiable reasons for.
e. Airdrop
By participating in the Airdrop, the participant expressly acknowledges and assumes all risk related thereto. The participants also agree and acknowledge that:
- You represent and warrant that all information provided during the Airdrop process is true, accurate, and complete. You agree and acknowledge that ADDX Go reserves the right to require additional information from you and to share such information with affiliated third party service providers as ADDX Go deems appropriate in its sole discretion. You agree and acknowledge that ADDX Go 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.
- 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.
- 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.
- 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 ADDX Go from time to time.
- 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.
f. 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:
- your access to the Platform or use of Services;
- your breach or alleged breach of this Terms or any other relevant agreements;
- your contravention of any applicable laws and regulations;
- your violation of any right of third party.
g.Disclaimer and Limitation of Liability
- ADDX Go is only responsible for the obligations set out in this Terms. In no event will ADDX Go or any its affiliates be responsible or liable to you for any Losses, damages, or costs arising out of or in connection with this Terms.
- ADDX Go 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 ADDX Go.
- ADDX Go 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.
- ADDX Go can only provide the Services in accordance with this Terms. We are not responsible for the failure to provide the Services due to the following reasons:
- ADDX Go Wallet system shut down for maintenance or upgrade;
- force majeure incidents;
- you use of the Services improperly or without authorization or approval of ADDX Go, not in compliance with this Terms or instructions from ADDX Go;
- 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;
- loss of digital tokens due to users losing mobile devices, deleting and not backing up ADDX Go Wallet, deleting and not backing up wallets, wallet theft or forgetting wallet passcodes;
- loss of digital tokens caused by the user discloses the wallet passcode, or borrows, transfers or authorizes others to use their own mobile device or ADDX Go Wallet, or fails to download the ADDX Go application or other unsafe wallet through the official channels of ours;
- 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);
- due to any time lag or instability of the blockchain;
- Any other reasons as determined by the ADDX Go to suspend the Services which is out of our control.
i. Risk Warning
- The market data function provided by ADDX Go 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.
- When using the Services, if you or your counterparty fail to comply with this Terms or the operation tips and rules in the relevant Platform descriptions, transactions, and payment pages, ADDX Go 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.
- 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.
- 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.
- We recommend that you make a safe backup of your wallet's passcode when creating or importing a wallet. We recommend you not to use the following backup methods: screenshots, emails, notepads, text messages, WhatsApp, 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.
- We recommend that you use ADDX Go Wallet in a safe network environment to ensure that your mobile device is not jail-broken or attacked to avoid possible security risks.
- In the process of using our Services, beware of frauds or notices from non-official sources of ADDX Go. We encourage you to notify us as soon as you discover such behaviour.
- Please note that ADDX Go 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.
- You fully understand below risks and agree you access the Platform and Services at your own risk:
- value loss: digital assets, including the tokens, can completely lose all market value such as the tokens ceasing to have any utility.
- 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.
- 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.
- risks associated with taxation: The tax treatment toward digital assets are uncertain and there may be adverse tax consequences upon certain future events.
- 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.
- 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.
- 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.
7. Intellectual Property Rights
The Services are protected under the laws of copyright, patent, trademarks and other intellectual property rights of the countries where Services are available. All intellectual property rights in the Services are owned by us or our third-party licensors to the full extent permitted under all applicable laws. Consistent with the other terms in this document, you may not publish, reproduce, distribute, display, perform, edit, adapt, modify, or otherwise exploit any part of the Services without our written consent. We respect intellectual property rights and ask you to do the same. As a condition of your access to and use of the Services, you agree not to infringe intellectual property rights of any person while accessing or using the Services, and agrees to the terms of our Intellectual Property Policy. We reserve the right, with or without notice to you, at our discretion, to disable access to or terminate user accounts which infringe or are alleged to be infringing any copyright or other intellectual property rights.
8. Content
A. ADDX Go Content
As between you and ADDX Go, all content, design software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on and “look and feel” of the Services, and all intellectual property rights related thereto (the “ADDX Go Content”), are either owned or licensed by ADDX Go, it being understood that you or your licensors will own any User Content (as defined below) you upload or transmit through the Services. Use of the ADDX Go Content or materials on the Services for any purpose not expressly permitted by the Terms is strictly prohibited. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, performed, adapted, edited, published, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent. We and our licensors reserve all rights not expressly granted in and to their content.
You acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase our value from your use of the Services, including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions and usage data, and except as specifically permitted by us in the Terms or in another agreement you enter into with us, you have no right to share in any such revenue, goodwill or value whatsoever. You further acknowledge that, except as specifically permitted by us in the Terms or in another agreement you enter into with us, you (i) have no right to receive any income or other consideration from any User Content (defined below) or your use of any musical works, sound recordings or audiovisual clips made available to you on or through the Services, including in any User Content created by you, and (ii) are prohibited from exercising any rights to monetize or obtain consideration from any User Content within the Services or on any third party service (e.g. you cannot claim User Content that has been uploaded to a social media platform such as YouTube for monetization).
Subject to the terms and conditions of the Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to access and use the Services, including to download the Platform on a permitted device, and to access the ADDX Go Content solely for your personal, non-commercial use through your use of the Services and solely in compliance with the Terms. ADDX Go reserves all rights not expressly granted herein in the Services and the ADDX Go Content. You acknowledge and agree that ADDX Go may terminate this license at any time for any reason or no reason.
NO RIGHTS ARE LICENSED WITH RESPECT TO SOUND RECORDINGS AND THE MUSICAL WORKS EMBODIED THEREIN THAT ARE MADE AVAILABLE FROM OR THROUGH THE SERVICE.
You acknowledge and agree that when you view content provided by others on the Services, you are doing so at your own risk. The content on our Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Services.
We make no representations, warranties or guarantees, whether express or implied, that any ADDX Go Content (including User Content) is accurate, complete or up to date. Where our Services contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Services (including User Content).
B. User-Generated Content
Users of the Services may be permitted to upload, post or transmit (such as via a stream) or otherwise make available content through the Services including, without limitation, any text, photographs, videos, sound recordings and the musical works embodied therein, and videos that incorporate locally stored sound recordings from your personal music library and ambient noise (“User Content”). Users of the Services may also extract all or any portion of User Content created by another user to produce additional User Content, including collaborative User Content with other users, that combine and intersperse User Content generated by more than one user. Users of the Services may also overlay music, graphics, stickers and other elements provided by ADDX Go (“ADDX Go Elements”) onto this User Content and transmit this User Content through the Services. The information and materials in the User Content, including User Content that includes ADDX Go Elements, have not been verified or approved by us. The views expressed by other users on the Services do not represent our views or values.
Whenever you access or use a feature that allows you to upload or transmit User Content through the Services (including via certain third-party social media platforms such as Instagram, Facebook, YouTube, Twitter, TikTok), or to make contact with other users of the Services, you must comply with the standards set out at “Your Access to and Use of Our Services” above. You may also choose to upload or transmit your User Content, on sites or platforms hosted by third parties. If you decide to do this, you must comply with their content guidelines as well as with the standards set out at “Your Access to and Use of Our Services” above.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any User Content will be considered non-confidential and non-proprietary. You must not post any User Content on or through the Services or transmit to us any User Content that you consider to be confidential or proprietary. When you submit User Content through the Services, you agree and represent that you own that User Content, or you have received all necessary permissions, clearances from, or are authorised by, the owner of any part of the content to submit it to the Services, to transmit it from the Services to other third-party platforms, and/or adopt any third-party content.
If you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not post such sound recordings to the Services unless you have all permissions, clearances from, or are authorised by, the owner of any part of the content to submit it to the Services.
You or the owner of your User Content still own the copyright in User Content sent to us, but by submitting User Content via the Services, you hereby grant us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable and sublicensable, perpetual, worldwide licence to use, modify, adapt, reproduce, perform, display, make derivative works of, publish and/or transmit, and/or distribute and to authorise other users of the Services and other third-parties to view, access, use, download, modify, adapt, reproduce, perform, display, make derivative works of, publish and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented. You further grant us a royalty-free license to use your username, image, voice, and likeness to identify you as the source of any of your User Content.
The rights granted in the preceding paragraphs of this Section (8.B) include, but are not limited to, the right to reproduce sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings), and publicly perform, publicly display and communicate to the public sound recordings (and the musical works embodied therein), all on a royalty-free basis. This means that you are granting us the right to use your User Content without the obligation to pay royalties to any third party, including, but not limited to, a sound recording copyright owner (e.g., a record label), a musical work copyright owner (e.g., a music publisher), a performing rights organization (e.g., ASCAP, BMI, etc.) (a “PRO”) or a collective management organization (e.g. JASARC, NextTone, etc.) (a “CMO”), a sound recording PRO (e.g., SoundExchange), any unions or guilds, and engineers, producers or other royalty participants involved in the creation of User Content.
Specific Rules for Musical Works and for Recording Artists. If you are a composer or author of a musical work and are affiliated with a PRO/CMO, then you must notify your PRO/CMO of the royalty-free license you grant through the Terms in your User Content to us. You are solely responsible for ensuring your compliance with the relevant PRO/CMO’s reporting obligations. If you have assigned your rights to a music publisher, then you must obtain the consent of such music publisher to grant the royalty-free license(s) set forth in the Terms in your User Content or have such music publisher enter into the Terms with us. Just because you authored a musical work (e.g., wrote a song) does not mean you have the right to grant us the licenses in the Terms. If you are a recording artist under contract with a record label, then you are solely responsible for ensuring that your use of the Services is in compliance with any contractual obligations you may have to your record label, including if you create any new recordings through the Services that may be claimed by your label.
Through-To-The-Audience Rights. All of the rights you grant in your User Content in the Terms are provided on a through-to-the-audience basis, meaning the owners or operators of third-party services will not have any separate liability to you or any other third party for User Content posted or used on such third-party service via the Services.
Waiver of Rights to User Content. By posting User Content to or through the Services, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you post to or through the Services.
We also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our Services constitutes a violation of their intellectual property rights, or of their right to privacy.
We, or authorised third parties, reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. We have the right to remove, disallow, block or delete any posting you make on our Services if, in our opinion, your post does not comply with the content standards set out at “Your Access to and Use of Our Services” above. In addition, we have the right – but not the obligation – in our sole discretion to remove, disallow, block or delete any User Content (i) that we consider violates the Terms, or (ii) in response to complaints from other users or third parties, without any liability to you. We may or may not notify you of such removal, disallowance, blocking or deletion. As a result, we recommend that you save copies of any User Content that you post to the Services on your personal device(s) in the event that you want to ensure that you have permanent access to copies of such User Content. We do not guarantee the accuracy, integrity, appropriateness or quality of any User Content, and under no circumstances will we be liable in any way for any User Content.
We accept no liability in respect of any content submitted by users and published by us or by authorised third parties. If you wish to file a complaint about information or materials uploaded by other users, contact us at: support@addxgo.io.
ADDX Go takes reasonable measures to expeditiously remove from our Services any infringing material that we become aware of. It is ADDX Go’s policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users of the Services who repeatedly infringe copyrights or intellectual property rights of others.
While our own staff is continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the user community. If you choose to contribute by sending us or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, illustration, computer code, diagrams, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply. Accordingly, by sending Feedback to us, you agree that:
- ADDX Go has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;
- Feedback is provided on a non-confidential basis, and we are not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and
- You irrevocably grant us perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
9. Indemnity
You agree to defend, indemnify, and hold harmless ADDX Go, its parent companies, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach of the Terms by you or any user of your account or arising out of negligence or a breach by you or any user of your account of the Terms (including but not limited to your obligations, representations and warranties hereunder).
10. EXCLUSION OF WARRANTIES
NOTHING IN THE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER.
SAVE AS EXPRESSLY SET FORTH IN THE TERMS AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND WE MAKE NO WARRANTY OR REPRESENTATION TO YOU WITH RESPECT TO THEM. IN PARTICULAR WE DO NOT REPRESENT OR WARRANT TO YOU THAT:
YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;
YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND
DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
SAVE AS EXPRESSLY SET FORTH IN THE TERMS AND TO THE FULLEST EXTENT PERMITTED BY LAW, NO CONDITIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION) APPLY TO THE SERVICES EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THE TERMS. WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR PLATFORM FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE.
11.LIMITATION OF LIABILITY
NOTHING IN THE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, AND FOR ANY LOSSES OR DAMAGES ARISING OUT OF OUR WILFUL MISCONDUCT OR GROSS NEGLIGENCE.
SUBJECT TO THE PARAGRAPH ABOVE AND TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE TO YOU FOR THE FOLLOWING LOSSES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY:
(I) ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY); (II) ANY LOSS OF GOODWILL; (III) ANY LOSS OF OPPORTUNITY; (IV) ANY LOSS OF DATA SUFFERED BY YOU; OR (V) ANY INDIRECT OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY YOU. ANY OTHER LOSS WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO ADDX GO WITHIN THE LAST 12 MONTHS; AND
ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF:
ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR ANY RELIANCE ARISING OUT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICE;
ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; OR
YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
PLEASE NOTE THAT WE ONLY PROVIDE OUR PLATFORM FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE OUR PLATFORM FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
IF DEFECTIVE DIGITAL CONTENT THAT WE HAVE SUPPLIED DAMAGES A DEVICE OR DIGITAL CONTENT BELONGING TO YOU AND THIS IS CAUSED BY OUR FAILURE TO USE REASONABLE CARE AND SKILL, WE WILL EITHER REPAIR THE DAMAGE OR PAY YOU COMPENSATION. HOWEVER, WE WILL NOT BE LIABLE FOR DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.
THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICE, INCLUDING TEXT-MESSAGING AND DATA CHARGES. IF YOU ARE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE SERVICE.
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
Other Terms
- Governing Law and Jurisdiction. Subject to the Supplemental Terms – Jurisdiction-Specific, the Terms, their subject matter and their formation are governed by the laws of Singapore. Any dispute arising out of or in connection with these Terms, including any question regarding existence, validity or termination of these Terms, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of three (3) arbitrators. The language of the arbitration shall be English.
- Open Source. The Platform contains certain open-source software. Each item of open-source software is subject to its own applicable license terms.
- Entire Agreement. The Terms constitute the whole legal agreement between you and ADDX Go and govern your use of the Services and completely replace any prior agreements between you and ADDX Go in relation to the Services.
- Links. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Services in any website that is not owned by you. The website in which you are linking must comply in all respects with the content standards set out at “Your Access to and Use of Our Services” above. We reserve the right to withdraw linking permission without notice.
- Age Restrictions. The Services are only for users who are 18 years old and over. By using our Services, you warrant that you are over the relevant age specified herein. If we learn that someone under the relevant age specified above is using the Services, we will terminate the account of such user.
- No Waiver. Our failure to insist upon or enforce any provision of the Terms shall not be construed as a waiver of any provision or right.
- Security. We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Services. You should use your own virus protection software.
- Severability. If any court of law, having jurisdiction to decide on this matter, rules that any provision of the Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.
- Any Questions? Contact us at: support@addxgo.io.