SecuXess, SecuX Mobile App, SecuX Wallet App and DApp Connect Terms of Use
Last updated on March 26, 2024
SecuX requires users to thoroughly and carefully read, understand and accept our SecuXess, SecuX Mobile App, SecuX Wallet App and DApp Connect Terms of Use (the or these “Terms”) before access and use of the SecuXess Web Application, SecuX Mobile App, SecuX Wallet App and DApp Connect.
Overview
This agreement is between you (“you”, “your”, or “User”) and SecuX Technology Inc. (“SecuX”, “us”, “we”, “our”, or the “Company”). By using any of the services provided by SecuX or its affiliates in connection with the SecuXess Web Application, the SecuX Mobile App, the SecuX Wallet App or the DApp Connect (the “SecuXess”, the “Services”, or the “SecuX Services”), you are deemed as your unconditional and fully understanding, and acceptance to be bound by any terms and conditions set out herein (on behalf of yourself or the entity that you represent, in which case the words “you” and “your” as used in these Terms shall refer to such entity), and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). The SecuXess, SecuX Mobile App, SecuX Wallet App and DApp Connect Terms of Use constitute a legally binding agreement from the moment you begin using SecuX Services.
You also agree to comply with any applicable laws, regulations and requirements that may govern your access to and use of SecuX Services including but not limited to those relating to cryptocurrency coin trading. Your use of SecuXess, SecuX Mobile App, SecuX Wallet App or DApp Connect is also subject to SecuX’s Privacy Policy, which is available at: secuxtech.com/privacy-policy.
You acknowledge that you have read these Terms carefully before accessing and using SecuX Services. If you do not fully agree with these Terms, you shall not use SecuXess, SecuX Mobile App, SecuX Wallet App nor DApp Connect services.
Before accessing and using SecuXess, SecuX Mobile App, SecuX Wallet App and DApp Connect, please be fully educated and understand the principles and operations of blockchain technology, the volatility of Crypto Assets, and any relevant information to make informed decisions. SecuX does not provide investment, financial, accounting, tax or legal advice. All decisions to perform operations involving Crypto Assets should be made on your own or your reliable sources of qualified experts.
As we are constantly improving our services, we may have to change or amend these Terms occasionally. We will always make an effort to notify you of such changes by posting the related information on SecuX Official website, or in the SecuXess Web Application, SecuX Mobile App, SecuX Wallet App or DApp Connect, but you should also check SecuXess, SecuX Mobile App, SecuX Wallet App and DApp Connect Terms of Use regularly by yourself to see when they were last updated (the date of the last update is always listed at the top).
If you continue to use SecuX services after any changes or amendments of these Terms hereto no matter whether you have been aware of any changes or amendments, you are deemed to have accepted these amendments and changes. However, if you do not accept them, you are not entitled to use SecuX Services and you shall stop using it immediately.
Definitions
In this agreement, the following terms shall have the meanings described below. Without limiting the foregoing and for the avoidance of doubt, reference to the singular of these definitions includes a reference to the plural and vice versa, except when clearly inappropriate.
“Crypto Assets” means types of digital assets that use cryptography and are designed to work as a medium of exchange which can be transmitted with blockchain technologies, including but not limited to Bitcoin, Ethereum, Ripple and Dogecoin.
“Device Firmware” means a software application developed by SecuX to provide control of SecuX Wallets. It embeds a specific cryptographic signature logic within SecuX’s operating system in order to connect to, synchronize, display and sign operation on SecuX Services.
“Fork” means a change to the underlying protocol of a blockchain network that results in more than one version of a Crypto Asset, the result of which may be one or more versions of the Crypto Asset that are not supported on SecuX Services.
“SecuX Wallet” means an electronic device developed and distributed by SecuX, generally referred to as a “hardware wallet” which is used to manage and secure Users’ Private Keys and other cryptographic information that are compatible with SecuX Services and other Hardware and Software Wallets.
“Materials” means content, SecuX Service documentation as well as source and object codes for all software embedded within SecuX Services and SecuX Wallets.
“PIN” means the numeric password chosen by the User to unlock a SecuX Wallet or its Hidden Wallet Feature.
“Private Keys” means an important piece of data that is used to authorize outgoing transactions on blockchain networks.
“Services” means one or more of the SecuX Services or Third Party Services.
“Third Party Services” refers to any services, applications, software or other Materials that are hosted, developed and/or operated by a third party, including, but not limited to: crypto to crypto exchanges (“swap”), staking, buying and selling cryptocurrencies, display of balance in FIAT, display of currency rates, decentralized financial applications allowing the exchange, lending or borrowing of cryptocurrencies, visualization of NFTs, minting, buying and selling of NFTs, etc.
“Software Wallet” means a software program which interacts with various blockchain networks to generate and manage sets of private keys and public keys, synchronize, display, receive and send transactions to and from blockchain networks.
“Hardware Wallet” means an electronic device used in conjunction with an operation software program which interacts with various blockchain networks to generate and manage sets of private keys and public keys, synchronize, display, receive and send transactions to and from blockchain networks.
“Website” means websites owned and operated by SecuX, including the e-commerce and corporate website hosted at secuxtech.com
“Recovery Words” or "Seed Phrase" means a confidential combination of human readable words from which a User’s Private Keys are calculated and generated. They are used to backup and restore access to Crypto Assets on other SecuX Wallets or any compatible devices, including but not limited to, software and hardware wallets.
“Passphrase” means a combination of 1-99 English letters, numbers and symbols of the User’s choosing and serves as a second-factor protection to the Recovery Words. It enables the creation and access to the Hidden Wallet Feature.
“Hidden Wallet Feature” means an advanced feature that enables extra protection to User’s Cypto Assets. It requires a personal Passphrase to compute and generate an extra wallet with a different Private Key that exists parallel to the one that had already been set up.
Eligibility
You may use the Services only if you agree to form a binding contract with SecuX and are not a person barred from receiving services under the laws of the applicable jurisdiction. In any case, you must be at least 18 years old, or qualify as an adult in your country of residence, to use the Services. If you are not 18 years old, or do not qualify as an adult in your country of residence, you shall not use SecuXess, SecuX Mobile App, SecuX Wallet App or DApp Connect.
License to Use
SecuX grants its user a limited, personal, non-commercial, non-exclusive, non-transferable and revocable license to use the SecuX Services under the following conditions:
Do no harm
You agree:
(i) not to distribute any virus or other harmful computer code through SecuX’s systems;
(ii) not to use any robot, spider, crawler, scraper or other automated means or interface to access SecuX Services or to extract data;
(iii) not to provide false, inaccurate, or misleading information, and;
(iv) not to take any action that may impose an unreasonable or disproportionately large load on our or any of our third party providers’ infrastructure.
Do not circumvent our security
You agree not to bypass, circumvent, or attempt to bypass or circumvent any measures that we may use to prevent or restrict access to SecuX Services including, without limitation, SecuX Wallets connected to SecuX Services, other accounts, information systems or networks.
Do not break the law
You agree and warrant that you will not violate any applicable laws when using SecuX Services. This includes any local, provincial, state, federal, national, or international laws that may apply to you. You agree that you will not use SecuX Services to pay for, support, or otherwise engage in any illegal activities including, but not limited to, fraud, illegal gambling, money laundering, or terrorist activities. You further agree not to encourage or induce any third party to engage in any of the activities prohibited under this section.
Do not interfere
You agree that you will not use or attempt to use another user’s SecuX Wallet, Hardware or Software Wallet without authorization, or use SecuX Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying SecuX Services or any Third Party Services, or that could damage, disable, overburden or impair the functioning of SecuX Services or any Third Party Services in any manner.
Any use of SecuX Services other than as specifically authorized in these Terms, without our prior written permission, is strictly prohibited and will lead to our termination of the license to use SecuX Services.
SecuX Services
SecuXess, SecuX Mobile App, SecuX Wallet App and DApp Connect, in connection with SecuX Wallets, provides you with a convenient and secure way to use Private Keys generated from your Recovery Words or Seed Phrase for management of Crypto Assets.
The SecuX Services allow users to:
- Update Device Firmware of their SecuX Wallets
- Add accounts of Crypto Assets to their portfolio
- View their portfolio of supported Crypto Assets
- Access the means to perform operations on various blockchain networks in accordance with their respective protocol rules, such as but not limited to:
- Send and receive Crypto Assets to and from users of a dedicated blockchain network.
- Connect with Third Party Services, to access services such as the delegation of staking rights on supported proof-of-stake blockchains or buying crypto.
SecuX operates non-custodial services, which means that we do not store, nor do we have access to your Crypto Assets or your Private Keys. We do not send or receive Crypto Assets. Any Crypto Asset transfer occurs on blockchain networks, any of which is not, and will not be owned, operated or controlled by SecuX.
SecuXess, SecuX Mobile App, SecuX Wallet App, DApp Connect and SecuX Wallets only support certain Crypto Assets, which may be announced by SecuX from time to time. A non-exhaustive list of supported Crypto Assets is available at the following link: https://secuxtech.com/supported-coins-tokens/. This list is subject to change without prior notice.
SecuX does not charge any additional transaction or processing fees for using SecuX services. The transaction fee that occurs with moving funds is paid towards miners for mining blocks on the blockchain.
Risk
You are deemed to be fully aware of all the legal regulations and technical limitations relating to the proof-of-stake, proof-of-work, other types of blockchains, and the Services. You acknowledge that you have been advised of the following associated risks and you agree to bear all risks when you use SecuX Services. SecuX suggests that you invest and operate with caution, and will not be responsible or liable to you for any loss or use of the Wallet, including but not limited to the risks stated below.
Keep your credentials safe
When setting up your SecuX Wallets, you must:
(a) create and remember a strong PIN that you do not use for any other service;
(b) protect and keep your Recovery Words or Seed Phrase, and Passphrases secure and confidential;
(c) prevent unwanted access to your SecuX Wallet;
(d) not share credentials associated with your Crypto Assets and SecuX Wallet with anyone you don’t trust, nor save the information on your computer, mobile phone, cloud services or any storage services online.
(e) make sure that when recovering an existing or previous wallet, your credentials associated with your Crypto Assets including Recovery Words or Seed Phrase, and Passphrases, have not been exposed to any risks of being stolen, hacked or compromised, and have not been shared, stored or saved on your computer, mobile phone, cloud services or any storage services online. If you suspect that your credentials have been exposed to the aforementioned risks, it is advisable to create a new wallet with a new set of Recovery Words or Seed Phrase, and Passphrase and transfer all your Crypto Assets to the new wallet, so as to eliminate the possibilities of unrecoverable loss of funds due to stolen, hacked and compromised credentials and Private Key.
You have the only existing backup
Unlike traditional centralized financial services, SecuX Services do not require the registration of personal information nor the creation of personal accounts to use our Services. In addition, SecuX does not have access to or store any PINs, Recovery Words, Seed Phrase, Private Keys, passwords, Passphrases, transaction history, or other credentials associated with your use of the SecuX Services. Therefore, SecuX is not in a position to help retrieve your credentials. You are solely responsible for remembering, storing, and keeping your credentials safe and secure, away from malicious intentions. Any third party with knowledge of one or more of your Recovery Words or PIN can gain control of the Private Keys associated with your SecuX Wallet and compromise your Crypto Assets. SecuX will not be responsible or liable to you for any loss that occurred due to the loss, theft, damaged or forgotten PIN, Recovery Words, passwords, and Passphrases.
Transactions
Before you approve an operation, you must always double check that the information displayed on your mobile or computer screen is correct and matches the information displayed on your SecuX Wallet. Upon sending Crypto Assets, you are solely responsible for verifying that the recipient address, amount and fees are correct and that they are the same on both your computer or mobile and on your SecuX Wallet‘s screen.
Crypto Assets of the same name can be operated on different blockchain network. Before sending or receiving crypto assets, you understand that the verification of the correct blockchain network in which the Crypto Assets should be sent or received, is your own responsibility. Failure to adhere to the aforementioned principles when operating transactions, whether inbound or outgoing, may result in unrecoverable loss of funds. SecuX will not be responsible or liable to you for any loss that occurred due to user error such as forgotten PIN, Recovery Words, passwords, Passphrases, incorrectly constructed transactions, or mistyped addresses.
Underlying blockchain protocols
All transactions created through SecuX Services are confirmed and recorded in associated blockchain networks. Such networks are decentralized peer-to-peer networks run by independent third parties, which SecuX does not own, control or operate. We have no control over blockchain networks and, therefore, cannot and do not ensure that the transactions you broadcast on SecuX Services will be confirmed and processed. You acknowledge that we do not store, send, or receive Crypto Assets and you agree that the transactions you configure on SecuX Services may fail, or may be substantially delayed by the underlying blockchain networks.
On occasions, the blockchain protocol of a given Crypto Asset may change, which may have consequences on its key characteristics including but not limited to their availability, name, security, valuation or the way it operates. Forks entail that forked Crypto Assets may be misdirected or replicated. In any such events, you agree that SecuX may suspend support of the impacted Crypto Asset for as long as SecuX deems necessary at its discretion. SecuX will strive to notify users in advance whenever possible, but SecuX shall not be held responsible for such events.
SecuX Services availability and warranties
SecuX reserves the right to change, update or suspend the Services, temporarily or indefinitely, so as to carry out works including, but not limited to: firmware and software updates, maintenance operations, amendments to servers, bug fixes, etc. We will attempt with our reasonable efforts to notify users prior to any significant disruption of SecuX Services by posting the related information on the SecuX Official Website, or in the SecuXess Web Application, SecuX Mobile App, SecuX Wallet App and DApp Connect.
We do not guarantee the Services to be functioning correctly when the installation or use of programs does not conform to our Service specification and technical standards.
With our skills, abilities and care, SecuX endeavours to ensure that SecuX Services can be accessed by users in accordance with the Terms of Use, but there are no guarantees that access and features will not be interrupted, or without delays, failures, errors, omissions, corruption or loss of transmitted information. SecuX Services are provided “as is” without any warranty of any kind, either express or implied, and in particular without implied warranties of merchantability, reliability, and fitness for a particular purpose.
Third Party Services and Materials
SecuXess, SecuX Mobile App, SecuX Wallet App and DApp Connect may incorporate, reference or provide access to Third Party Services. You agree that your use of Third Party Services is subject to separate terms and conditions between you and the third party identified in SecuXess, SecuX Mobile App, SecuX Wallet App or DApp Connect. SecuX is not responsible for any performance, or non-performance by the Third Party Services. It is your responsibility to review the third party’s terms and policies before using a Third Party Service. Third Party Services may request or require access to your personal data, of which the processing will be handled in accordance with the relevant Third Party’s privacy policy and best practices.
SecuX may not be able to provide support for issues caused by Third Party Services. Please contact the relevant Third Party directly for any questions, concerns or customer support.
We reserve the right to modify, add or cancel the availability of any Third Party Service without prior notice.
Specific rules and obligations apply to the following Services:
1. Buy Crypto services: links to Buy Crypto services are sponsored links provided only for user’s convenience. The inclusion of a link in one of SecuX Services does not represent or imply any endorsement or recommendation of such services.
2. Delegation of staking rights:
Rewards – You confirm that you are aware that delegation of staking rights to a validator operator listed in SecuXess, SecuX Mobile App, SecuX Wallet App and DApp Connect does not grant you any right to request payment of any kind, but a potential right to share a reward perceived by the validator. Please note that lock-up periods depend on the validator and blockchain protocols.
Validators: SecuX reserves the right to modify the listed validator at any time without prior notice. Users are also allowed to input validators’ data of their own choice for delegation of staking.
Limitation of liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SECUX AND ITS DIRECTORS AND EMPLOYEES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICES (II) ANY CHANGES MADE TO THE SERVICE OR ANY SUSPENSION OR CESSATION OF THE SERVICES OR ANY PART THEREOF; (III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE; AND (V) ANY OTHER MATTER RELATING TO THE SERVICE.
THE ABOVE LIMITATIONS DO NOT APPLY IN RESPECT OF LOSS RESULTING FROM SECUX’S FRAUD, WILFUL MISCONDUCT OR GROSS NEGLIGENCE.
Compliance and Export Control
Users shall comply, at their own expense, with all laws that apply to or result from their obligations under these Terms. By accessing and using the Services, you represent and warrant that you are not on any trade or economic sanctions lists, such as (but not limited to) the UN Security Council Sanctions list, designated as a “Specially Designated National” by OFAC (Office of Foreign Assets Control of the U.S. Treasury Department) or placed on the U.S. Commerce Department’s “Denied Persons List”.
SecuX reserves the right to select the markets and jurisdictions where it operates and may restrict or deny access to SecuX Services in certain countries, states or territories.
Intellectual Property
SecuX owns all copyrights, trademarks, know-how or any other intellectual property rights in respect of the software, text, video, audio, artwork, logos, layout as well as the look and feel pertaining to SecuXess, SecuX Mobile App, SecuX Wallet App, DApp Connect and the Website.
You may view, print and/or download a copy of proprietary Materials from SecuX Services for strictly personal, informational and/or non-commercial use, provided you comply with all copyright and other proprietary notices.
The trademarks, service marks and logos of SecuX and others used in the Services (“Trademarks”) are the property of SecuX and their respective owners. It is strictly prohibited to use these Trademarks without our written authorization or the written authorization of any third parties.
Termination
You may stop using SecuX Services at any time. We reserve the right to suspend your access to SecuX Services without notice if we believe you violated these Terms. In the event of termination of the license for you to use SecuX Services, your obligations under these Terms will continue.
Your access to your Wallets after termination will depend on whether you securely backed up your Recovery Words, Seed Phrase, Passphrases, passwords and PINs.
Applicable law
These Terms will be governed by and interpreted in accordance with the laws of the Republic of China (i.e. Taiwan).
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 it shall be referred to and finally resolved by the competent courts of Hsinchu, Taiwan, as the exclusive jurisdiction.
Enforcement and Assignment of Terms
These Terms constitute the entire and exclusive understanding and agreement between SecuX and you regarding SecuX Services, and supersede and replace any and all prior oral or written understandings or agreements between SecuX and you regarding SecuX Services. If you do not read and accept the Terms in their entirety you should not use or continue using SecuX Services.
We reserve the right to alter, amend or modify these Terms at our discretion. We will provide you with notice of changes by posting the amended Terms via SecuXess, SecuX Mobile App, SecuX Wallet App, DApp Connect and SecuX Website, and updating the date at the top of these Terms. The amended Terms will be deemed effective immediately upon posting on SecuXess, SecuX Mobile App, SecuX Wallet App, DApp Connect and SecuX Official Website.
You may not assign your rights or obligations under these Terms of Use in whole or in part to any third party.
You acknowledge and agree that SecuX may assign its rights and obligations under these Terms of Use and, in such context, SecuX may share or transfer information provided by you while using SecuX Services to the assignee.
Should any provision of these Terms of Use or part thereof to any extent be or become invalid or unenforceable, such provision shall then be deemed separable from the remaining provisions of these Terms of Use and shall not affect or impair the validity or enforceability of the remaining provisions of these Terms of Use.