RIVEX FOUNDATION LTD.
END-USER LICENSE AGREEMENT
For the use by RIVEX only
Last changed: 21.4.2020
YOU SHOULD CAREFULLY READ THIS AGREEMENT (“EULA”) BEFORE INSTALLING OR USING RIVEX’S SOFTWARE. IF YOU DO NOT AGREE WITH THE ENTIRETY OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT INSTALL OR OTHERWISE ACCESS OR USE THE SOFTWARE.
Thank you for your interest in Rivex’s crypto wallet service, and other software or decentralized applications (“dApps”) from other developers who may make their dApps available through Rivex’s platform. This agreement sets forth the terms and conditions under which you are licensed to use the Platform. As used herein, the term “Software” refers collectively, and at times individually, to the Rivex Wallet Application on Windows, macOS, iOs, and Android, (2) authorized dApps relating to Rivex’s Wallet Application, and (3) all features and components of each of them, whether installed or used on a computer or mobile device.
1.1. These Terms and Conditions set forth hereafter shall govern your use of Rivex’s application developed for Android, iOS, and any other operating system that may be utilised to run, operate, or access Rivex application (“Software”).
1.2. By using this Software, registering for an account, or using any of the other services provided by Rivex you accept and agree to comply with these Terms and Conditions in full. In case you disagree with these Terms and Conditions or any part of these Terms and Conditions, you must not use the Software and/or discontinue forthwith.
1.3. If you register with the Software, submit any material and/or data to the Software, or use any of the Software’s components, modules, or versions you expressly agree to these Terms and Conditions.
1.4. You must be at least 18 years of age to use the Software. By using the Software or agreeing to these Terms and Conditions, you warrant and represent to Rivex that you are at least 18 years of age or reside in a jurisdiction where you are legally classified as being of legal age and/or of the age of majority.
1.5. These EULA, Disclaimers, Data Protection Policy, and the Rivex Anti-Money Laundering Policy are meant to supplement each other. Whenever there are conflicting provisions between these Terms and Conditions and any of the abovementioned documents, the provisions of the latter apply.
1.6. By using this Software, registering for an account, or using any of the other services provided by Rivex you fully understand, acknowledge, and agree to comply with and abide with these Terms and Conditional in full, additionally you expressly state that should English not be your native language that you either fully understand these Terms and Conditions or you have acquired the services of any individual, or company that has translated these Terms and Conditions to you on a satisfactory basis. Continued use of Rivex’s software shall mean that you have either i) Fully understand, acknowledge, and agree to our Terms and Conditions contained herein; or ii) Have acquired satisfactory translation services from any individual/company of your choice and having fully understood the Terms and Conditions, you agree to our Terms and Conditions contained herein. Should you disagree with our Terms and Conditions herein, you shall discontinue use of any Softwares, Services, or Facilities provided by Rivex.
2. GRANT OF LICENSE
2.1. If you accept and comply with the terms of this EULA, Rivex will grant, and you will receive, a limited, revocable license, non-assignable, and non-exclusive license to use the Software subject to the “License Limitations”, set forth in Cl 3. below, as follows:-
i. You may install applicable components or features of the Software (including dApps) on one or more computers or mobile devices under your legitimate control.
ii. You may use the Software for your personal purposes only, unless specifically allowed under the terms of this Agreement.
iii. You may not transfer your rights and obligations to use the Software.
3. LICENSE LIMITATION
3.1. The Software is provided on an “as is” and “as available” basis.
3.2. You are not allowed to: (a) use the Software in any way or take any action that causes, or may cause, damage to the Software or impair its performance, availability, or accessibility; For the use of the Software (b) use the Software in any way that is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or any other harmful purpose or activity; (c) use the Software to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit, or any other malicious computer software; (d) conduct any systematic or automated data collection activities (including, among others, scraping, data mining, data extraction, and data harvesting) on or in relation to the Software without express prior written consent from Rivex; (e) access or otherwise interact with the Software using any robot, spider, or other automated means, except for the purpose of search engine indexing, or with express prior written consent from Rivex.
3.3. You must ensure that all the information you provide to Rivex through the Software, or in relation to the Software, is true, accurate, current, complete, and accurate.
3.4. You may only use the Software for your own personal and business purposes and in accordance with these Terms and Conditions.
3.5. Except as expressly permitted by these Terms and Conditions, you must not edit or otherwise modify any material on the Software.
3.6. Among other actions prohibited by these Terms and Conditions, you are not allowed to: (a) republish material from the Software (including republication on another Software); (b) sell, rent, or sub-license material from the Software; (c) show any material from the Software in public; (d) exploit material from the Software for a commercial purpose; or (e) redistribute material from the Software.
3.7. Notwithstanding the previous paragraph, you may redistribute Rivex’s newsletter, published each month and each quarter, in electronic form to any person.
3.8. Rivex reserves the right to restrict access to certain areas or to the whole Software at its own discretion. You are not allowed to circumvent or bypass, or attempt to circumvent or bypass, any access restrictions on the Software.
4. RESIDENCY OF USERS
4.1. The Software is not offered for use to natural and legal persons who have their habitual residence or their seat of incorporation in the following countries: i) the United States of America, or ii) People’s Republic of China and it’s Special Administrative Region(s) (including Hong Kong, Macau) (“Restricted Countries”). Rivex may add other countries to the Restricted Areas list in the future without prior notice.
4.2. If you are a resident of one of the Restricted Areas, you must not access or use the Software.
4.3. Rivex does not warrant that the Software complies with the applicable laws or regulations of any jurisdiction of the user’s residency.
4.4. Rivex does not accept any liability for any loss or damage resulting from or related to the availability of the Software or any of the content on the Software.
5. NO INVESTMENT ADVICE
5.1. No service on the Software shall be deemed to constitute or make representation of any licensed financial services, such as investment services or fund management services. No information, analyses, services, or any other materials presented on the Software constitute any basis for any investment decision.
5.2. The Software or any other material provided by Rivex through the Software is not, does not offer, and shall not be construed as investment or financial products, but as a software application. Accordingly, these Terms and Conditions, or any other Terms and Conditions provided by Rivex, do not constitute any offer for sale or subscription of, or any invitation to offer to buy or subscribe for, any securities or financial products.
6. COPYRIGHT NOTICE
6.1. All content included on the Software and/or Software, and associated products and services, including but not limited to inventions, processes, marks, methods, compositions, formulae, techniques, information, data, text, graphics, logos, images, charts, video, audio, and source code, as well as any compilation thereof, and any software used on the Software, is the property of Rivex and protected by copyright, trademark, and other laws protecting intellectual property and proprietary rights.
6.2. The protected content from the previous paragraph should not be copied, reproduced, republished, uploaded, modified, transmitted, uploaded, collected, or distributed in any form or by any means. Any such prohibited use may violate copyright, trademark, and other applicable laws and may result in criminal or civil actions and penalties.
6.3. By using the Software, you agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content, and you agree that you will not make any changes related to such content.
7. REGISTRATION AND ACCOUNT
7.1. To be eligible for an account on the Software, you must meet all the conditions provided in this EULA.
7.2. You may register for an account with the Software by completing and submitting the account registration form on the Software and passing through the verification process with all the necessary documents required for each eligible jurisdiction.
7.3. You must not allow any other person to use your account to access the Software.
7.4. You must notify Rivex in writing immediately if you become aware of any unauthorized use of your account. Failure to do so might result in you being held liable for any losses indirect or consequential losses suffered by Rivex arising out of your failure to do so.
7.5. You agree to release and waive Rivex from any loss of assets, data, privacy derived from the unauthorized use of your account.
8. USER LOGIN DETAILS
8.1. You must keep your password confidential and implement reasonable and appropriate measures to secure access to (i) any device associated with the email address associated with your account, (ii) private keys required to access any relevant Ethereum address, and (iii) your username, password, and any other login or identifying credentials related to the Software.
8.2. You must notify Rivex in writing immediately if you become aware of any disclosure of your password or other information that could lead to abuse of your account.
8.3. You are responsible for any activity on the Software arising out of any failure to keep your password and other related information confidential, and you may be held liable for any losses arising out of such a failure.
9. CANCELLATION AND SUSPENSION OF ACCOUNT
9.1. Rivex may: (a) suspend your account; (b) cancel your account; and/or (c) edit your account details at any time in its sole discretion without notice or explanation.
9.2. You may cancel your account on the Software at any time, subjected to Rivex’s ultimate discretion.
10. PRIVACY AND INFORMATION
10.1. Upon Rivex’s notice of request, you are obliged to provide any necessary information and/or documents that Rivex in its sole discretion deems to be required to maintain compliance with any law, regulation, or policy. These information materials and/or documents include, but are not limited to, passports, driver’s licenses, utility bills, photographs of yourself, government identification cards, and sworn statements.
10.2. Rivex reserves the right to request the documentation described in the previous paragraph prior to activating your account for any of the services available through the Software. Rivex may refuse access to the Software For the use of the Rivex Software should it have doubts as to the validity, authenticity, or genuineness of the documents you provide.
10.3. Rivex collects information through running the Software and products provided therein and uses the information you provide. Rivex collects information it receives from your computer, mobile phone, or other access device. This information may include your IP address; device information, including but not limited to identifier, name, and type; operating system; mobile network information; and standard web log information, such as your browser type and the pages you access on the Software. When you use a location-enabled device with the Software and products, Rivex may collect geographical location data or use various means to determine your location, such as sensor data from your device that may, for instance, provide data on nearby cell towers and wi-fi access spots. However, Rivex will not release your personally identifying information to any third party without your consent, except as set forth in these or any other Terms and Conditions.
10.4. When accessing the Software, Rivex (or Google Analytics on Rivex’s behalf) may place small data files called cookies on your computer or other devices. Rivex uses these technologies to recognize you as an Rivex user, customize the Software and advertising, measure promotional effectiveness, and collect information about your computer or other access device to mitigate risk, help prevent fraud, and promote trust and safety.
10.5. Rivex stores and processes your personal information on its servers in the EU, where Rivex’s facilities or service providers are located. Rivex protects your information using physical, technical, and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure, and alteration. Some of the safeguards Rivex uses include firewalls and data encryption, physical access controls to Rivex’s data centers, and information-access authorization controls. Rivex also authorizes access to personal information only for those employees who require it to fulfill their job responsibilities. All of Rivex’s physical, electronic, and procedural safeguards are designed to comply with applicable laws and regulations. Data may from time to time also be stored in other locations.
10.6. Rivex reserves the right to share your personal information with: (a) its banking partners (if you link a bank account, debit card, or credit card to your account); (b) companies that Rivex plans to merge with or be acquired by (should such a combination occur, Rivex will require that the newly combined entity follow these terms with respect to your personal information, and you would also receive prior notice of any change in applicable policy); (c) third-party identification service providers for fraud prevention purposes; (d) law enforcement, government officials, or other third parties when i) Rivex is compelled to do so by a subpoena, court order, or similar legal procedure; or ii) Rivex believes in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of Rivex’s Terms and Conditions; (e) other third parties only with your prior consent or direction to do so. Rivex will not provide your personal information to any other Rivex users without your consent or direction.
10.7. With respect to the information provided by others, Rivex acts as a mere conduit for this information and does not select, monitor, edit, modify, review, evaluate, or otherwise oversee this information or the publication of this information on the Software.
10.8. Rivex is not liable for any damage, expense, or other loss you may suffer arising from information provided on the Software, information provided by others, or any reliance you may place on such information in relation to the Software.
10.9. You are obliged to review the General Terms and Conditions for End Users, as provided on www.rivex.io. If there is any discrepancy between these Terms and Conditions and the EULA, the latter shall apply.
11. SOURCE OF CRYPTOCURRENCIES OR TOKENS
11.1. Rivex is not liable regarding the source of cryptocurrencies and tokens uploaded on the Platform through the Software.
11.2. Rivex applies regular checks asking users for the source of their funds in accordance with Rivex’s Anti-Money Laundering Policy. Moreover, Rivex reserves the right to ask any individual user for their source of funds and reserves all rights and has full discretion to block or freeze any user’s account without prior notice.
12. LIMITATION OF WARRANTIES
12.1. The legal information in these Terms and Conditions is provided on an “as is” and “as available” basis without any representations or warranties, express or implied. Rivex makes no representations or warranties in relation to the legal information on the Software.
13. LIMITATION OF LIABILITY
13.1. Rivex will not be held liable for any damages, loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, indirect or consequential loss, or any other loss resulting from the use Rivex’s Software by you save except as permitted under Law.
13.2. These Terms and Conditions do not exclude or limit the liability of either party for fraud, breach of terms, or any other liability that may not be limited or excluded by law. Nothing in this legal disclaimer limits any of liabilities in any way that is not permitted under applicable law or excludes any of Rivex’s liabilities that may not be excluded under applicable law.
13.3. By using the Software you explicitly waive the right to initiate any court-related or other legal action against Rivex in relation to Rivex’s services, Software, or platform.
14. GOVERNING LAW
Any dispute between the parties will be governed by the EULA and the laws of Singapore without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.
Where permitted by law you expressly waive your legal right to a class representation as such you will only be permitted to pursue claims against us 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.