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TERMS & CONDITIONS
ODIN WALLET Terms and Conditions

Please read these Terms and Conditions of Use (“Terms”) carefully before using the Odin wallet web and mobile applications (provided by Odin Wealth Management AG (“Company”)). Your access to and use of the service is conditional on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the service. When using any of the Odin wallet web and mobile application services you confirm that you have read, understood and agree with the following conditions in full.

If you are accepting these terms on behalf of an entity, you confirm that you are authorized on behalf of that entity to agree to be bound by these Terms and all terms incorporated by reference and to enter into a legally binding transaction (a transaction means the creation of a binding contract with counterparties).

Parties

This agreement is between you ("User", “You” or “Your” in this agreement) and the Company.

Services Offered(the "Services")

The Company operates a software program (“Wallet”) that:

  • Enables users to receive, access, store and transfer virtual / crypto currencies or any other kind of cryptographic tokens that can only and exclusively be transmitted by means of blockchain technology (collectively, “Crypto Assets”);

  • Offers news and general information about the blockchain technology, the blockchain industry and third-party Initial Coin Offerings ("ICO's"); and

  • Options to invest in third party ICO's by using reference links to third party websites or publishing public keys of wallets of the ICO organizers for making contributions to their ICO's (collectively the "Services").

This agreement permits You to use the Wallet subject to certain conditions, rights and obligations.

Availability of Services

Subject to these Terms, the Company shall use reasonable efforts to make available, operate, and maintain the Services during the term of these Terms and to permit you to access and use the Services in accordance with these Terms. The Company shall use all reasonable efforts to notify you promptly of any difficulties experienced by us or other participants with respect to their access to or the use of the Services, but only to the extent that the Company is aware of such difficulties and reasonably determines that they are material to your access and use of the Services. Similarly, you shall notify the Company at the soonest possible time in case you become aware of any material technical failures of or difficulties with the Services or upon becoming aware of any material breach (or any event which, by giving notice and/or the lapse of time, would constitute a material breach) of these Terms.

Our Services may evolve over time. This means the Company may apply changes, replace, or discontinue (temporarily or permanently) the Services at any time for any reasonable cause with two days’ notice or without notice in case of a Force Majeure. In this case, you may be prevented from accessing or using the Services. If, in our sole discretion, we decide to discontinue the Services permanently, we will provide you with a notice via our website and via email.

Force Majeure

A Force Majeure Event includes without limitation each of the following:

  • Government actions, the outbreak of war or hostilities, the threat of war, acts of terrorism, national emergency, riot, civil disturbance, sabotage, requisition, or any other international calamity or economic or political crisis;

  • Act of God, earthquake, tsunami, hurricane, typhoon, accident, storm, flood, fire, epidemic, or other natural disasters;

  • Labor disputes and lock-out;

  • Breakdown, failure, or malfunction of any electronic, network, and communication lines (not due to the fault of the Company);

  • Any event, act, or circumstances not reasonably within the Company's control and the effect of that event or events is such that the Company is not in a position to take any reasonable action to cure the default.

User Obligations

In order to be able to use our Services You warrant and represent that You:

(a)   Are at least 18 years old or of other legal age, according to Your relevant jurisdiction, and that you are not a sanctioned individual according to the Swiss SECO's Overall List of Sanctioned Individuals, and that you are not a resident or citizen of, or located in a geographic area that is subject to UN, US, EU, Swiss or any other sovereign country sanctions or embargoes;

(b)   Have sufficient experience, knowledge and understanding of the work principles of our Wallet, fully understand the associated risks access and use the Wallet at your own risk, use our Wallet with your own e-mail and for your own benefit and do not act on behalf and/or to the interest of any other person;

(c)  Have full power and authority to enter into this legal relationship and by doing so will not violate any other legal relationships;

(d)   Will not use our Services or will immediately cease using those if any applicable law in your country prohibits or will prohibit you at any time from doing so;

(e)   Will not use our Services or will immediately cease using those if you are a resident or become a resident at any time of the state or region (in accordance with such state or region definition of residency), where the crypto assets transactions you are going to execute are prohibited or require special approval, permit and/or authorization of any kind, which the company and/or You have not obtained in this state or region; AND

(f)  Have not previously been suspended or removed from our Services.

You further represent, agree and warrant, that you will not violate any law, contract, third-party right or commit a tort by accessing or using the Wallet, and that you are solely responsible for your actions and/or inactions while using our Wallet. Without prejudice to the foregoing, you represent, agree and warrant that You will not:

(a)   Use the Wallet to pay for, support or otherwise engage in any illegal gambling activities; money-laundering; fraud; tax evasion or terrorist activities; or any other illegal activities;

(b)   Use or attempt to use another User account without authorization, given knowingly and voluntarily;

(c)   Provide false, inaccurate, or misleading information;

(d)   Use the Wallet in any manner that could interfere with, disrupt, negatively affect or inhibit other users from using our Wallet with full functionality, or that could damage, disable, overburden or impair the functioning of the Wallet in any manner;

(e)   Use any robot, spider, crawler, scraper or other automated means or interface not provided by Us to access the Wallet or to extract data;

(f)   Attempt to circumvent any content filtering techniques We employ, or attempt to access any service or area of our Wallet that you are not authorized to access;

(g)   Develop any third-party applications that interact with our Wallet without our prior written consent; or,

(h)   Encourage or induce any third party to engage in any of the activities prohibited under this Section.

Transactions

The only authentic record of Crypto Asset transactions is the applicable blockchain. You acknowledge and understand that any transaction is final when settled in the blockchain and it cannot be revoked.

The Wallet provides functionality that allows You to access and dispose of your Crypto Assets in the blockchain. You must ensure that Your transactions conform to the applicable rules of the software for the respective Crypto Asset.

We may, at any time, in our sole discretion and with no liability to you with or without prior notice modify or discontinue, temporarily or permanently, any portion of our Services.

You may be charged fees by any third-party service you use to remit any Crypto Assets. The Company is not responsible for any third-party services' fees. You are solely responsible for your use of any third-party services, and you agree to comply with all terms and conditions applicable to any third-party service.

It is Your responsibility to decide whether any taxes apply to the transactions you perform through the Services, and to withhold, report and remit the relevant funds to the appropriate tax authorities. You may view your transaction history in your wallet account. You agree that the Company is not responsible for determining whether any taxes apply to your transfers or for collecting, reporting, withholding or remitting any taxes arising from any transactions and does not act as your tax agent.

The Company does not at any time have access to Your wallet. Neither does the Company have any access to Your Crypto Assets. The Company is not able and will not perform any transactions on behalf of any users of the Wallet. You are obliged to keep Your user ID, passwords and other means of identification for the Wallet service secret. To this end, you must not store your user IDs, passwords or other means of identification in your browser or anywhere else. You are solely responsible should such means of identification be communicated to, discovered or misused by a third party, and for any and all losses and damages resulting there from.

Limitations of Supported Crypto Assets

You indemnify and hold the Company harmless against any claims, demands and damages, whether direct, indirect, consequential or special, or any other damages of any kind, including, but not limited to, loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, originated from or in any way connected with your transaction requests in violation of settled limitations.

The Wallet represents that it never intended or desired to use tokens and/or coins that can be classified as "securities" by SEC in the United States of America and/or other competent national authorities and endeavours all possible measures to be sure that crypto assets that you can use in the Wallet cannot be classified as "securities". For the avoidance of any doubt the provisions of this clause shall not constitute or deemed to be construed to constitute any warranty and/or investment, financial, legal or any other professional advice, that any crypto asset in the Wallet is not a security. The responsibility for the fact that the instrument cannot be treated as “securities” lies with the issuer of token and/or coin. If there is any risk or speculations that the token and/or coin can be treated as “securities”, the Company reserves the right to prohibit such tokens and/or coins in the Wallet and discontinue any transactions with those at its sole discretion.

Consents and Authorizations

You agree and consent to receive electronically via your verification e-mail all Communications, that the Company may be willing to communicate to you in connection with Your wallet account and/or use of the Services. For the purposes hereof “Communications” shall mean all and any communication, agreement, document, receipt, notice and disclosure, which may be from time to time addressed to the user by the Company. You may withdraw your consent to receive electronic Communications by sending a withdrawal notice to the Company. If this is a case you waive your right to plead ignorance. If you decline or withdraw consent to receive electronic Communications, the Company may suspend or terminate your use of the Services.

By accepting these Terms, you also agree to our Privacy Policy. Our Privacy Policy is accessible at http://www.odincoin-ag.com/privacypolicy/ and describes how we collect, use, and share your personal information.

Fees

You agree to pay the fees for any purchases made via the Wallet ("Fees") as defined by the Company, which we may change from time to time. Changes to the Fees are effective as of the effective date, and will apply prospectively to any purchases that take place following the effective date of such revised Fees.

We reserve the right to provide different types of rewards to You either in the form of discount for the Services or in any other form at our discretion and without prior notice to you.

User Account and Verifications

Prior to opening an account, the Company performs full KYC & AML checks. Such procedures include providing the Company with (among others) a photo ID document, a personal photo and a utility bill. The Company reserves the right to request further information to complete checks, including, without limitation, to perform a video call and/or information on source of funds. Once the account is opened, in case the Company detects suspicious transactional activity on Your wallet account, the Company may conduct further AML transaction monitoring procedures for the user. The User is obliged to pass through all KYC and AML procedures, which may be applied to the User from time to time, and provide accurate and truthful information about himself or herself as well as maintain and promptly update his or her wallet account information in case of any changes. The User further warrants and accepts that if failing any KYC or AML checks, the Company will suspend or terminate your use of the Wallet at the Company’s sole discretion and without prior notification to you.

In case of Your breach of the Terms, or any other event as the Company may deem necessary, including without limitation the Force Majeure Event; maintenance work; inability of the third service provider to provide you services; your request of account cancellation; market disruption; inability to conform our requirements; lack of verification pending litigation, investigation, or government proceeding related to You or your wallet account; and/or in case we perceive a heightened risk of legal or regulatory non-compliance associated with your account activity the Company may, at its sole discretion and without liability to you, with or without prior notice:

(a)  Suspend your access to all or a portion of the Services; or

(b) Prevent you from completing any actions via the Wallet, including closing any open Transaction requests. In case the Transaction resumes, you acknowledge and agree that prevailing market rates may differ significantly from the rates available prior to such event; or

(c)  Terminate your access to the Services, delete or deactivate your wallet account and all related information and files in such account.

Confidentiality and encryption

The data exchanged between You and the Company is transmitted via open, public networks (such as the Internet) that are not subject to any controls or reviews. The data transferred may travel beyond Switzerland’s borders, even if both yourself and the Company are located in Switzerland. In addition, even if the data transmitted is encrypted, it may not necessarily stay encrypted for the entire duration of the transmission, nor may it necessarily remain encrypted at your end: it is possible that data may be intercepted. Furthermore, you hereby declare that you have taken note that the legislation applicable in your country may prohibit or restrict the importing, exporting or use of encryption algorithms. In no event shall the Company be responsible for any violations of measures governing the importing, exporting or use of encryption algorithms. You alone shall be responsible in the event of any such violation. Lastly, your attention is drawn to the fact that information transmitted electronically, e.g. by e-mail or SMS, is in principle not encrypted and may be intercepted.

Special Conditions and Risks

The Company owns exclusive rights, including all intellectual property rights, to any feedback, suggestion, idea or other information or material regarding the Services that you provide, whether by email, posting through our Services, social media channels or otherwise (“Feedback”). The Company is entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the Feedback (including inter alia any copyrights). The Company has the right to remove any posting you make on its Website if, in its opinion, your post does not comply with the content standards set out therein.

While using the Services, you may view the content provided by third parties, including without limitation links to web pages of such parties, which may be represented on the Wallet and/or Services (“Third-Party Content”). We do not control, endorse or adopt (unless otherwise expressly stated by the Company) any Third-Party Content and shall have no responsibility for Third-Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. In addition, your business dealings or correspondence with such third parties are solely between you and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of Third-Party Content, and your interactions with third parties, is at your own risk.

Please be aware that the Company will only communicate to You from its official e-mail channels. The Company’s representatives will never contact you from any e-mail address other than those of its official domains. Therefore, you are liable for due care and diligence when communicating with someone pretending to be a representative of the Company.

ERC20 compliant Crypto Assets can only be accessed by using an Ethereum wallet such as our Wallet service with a combination of the User’s account information (address), private key, password and any other protection used by the User. If the User’s private key file, password or the back-up seed is lost or stolen, the respective Crypto Assets may be unrecoverable and permanently lost.

The Wallet may be exposed to attacks by hackers or other individuals that could result in theft or loss of Your Crypto Assets for which the Company, its employees, directors or contractors cannot be held liable.

Using crypto asset related software necessarily entails many additional risks. The Company specifically disclaims and shall have no liability to You for the following risks:

(a)   Operating system failures (mobile or desktop); and,

(b)   Interactions between Your hardware, software and the Wallet; and,

(c)   Communication delays between Your Wallet and a node or relay service for a crypto asset (and vice versa); and,

Intellectual Property

You agree and understand that the usage of the Services does not grant any rights to obtain, claim or use intellectual property rights (such as patents, brands, licenses, trade names, copyrights, know-how, logos, pictures, designs, or software) of the Company or any affiliated entity. Any usage rights of any intellectual property rights remain with the Company or any affiliated entity.

No Warranty

The Wallet and the Services are provided to You at no cost, “as is” and without any warranty whatsoever, to the maximum extent permissible by law. Without limiting the generality of the foregoing, the Company does not warrant that the Wallet and/or Services are fit for Your purpose, even if You have previously provided notice of Your intended purpose and does not warrant that the Wallet and/or Services will operate in a bug-free manner. Your use of the Wallet and/or Services is at your sole risk. We and our licensors, service providers or subcontractors (if any) make no representations or warranties about the suitability of the information, software, products and services contained in our Services for any purpose or their compliance with any accounting rules, principles or laws, and expressly disclaim any representation or warranty that the Services will be free from errors, viruses or other harmful components, that communications to or from the Services will be secure and not intercepted, that the Services and other capabilities offered from the Services will be uninterrupted, or that their content will be accurate, complete or timely.

No liability

You acknowledge and agree that, to the fullest extent permitted by any applicable law, You will not hold the Company, any team members or other developers, auditors, contractors or founders of or associated with the Company liable for any and all damages or injury whatsoever caused by or related to the use of, or the inability to use, the Wallet and/or Services under any cause or action whatsoever of any kind in any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence). You further acknowledge and agree that the Company, the Company's team members or other developers, auditors, contractors or founders associated with the Wallet, Services and/or Company shall not be liable for any indirect, incidental, special, exemplary or consequential damages, including for loss of profits, goodwill or data, in any way whatsoever arising out of the use of, or the inability to use the Wallet and/or Services.

You further specifically acknowledge that the Company, its team members or other developers, auditors, contractors or founders associated with the Wallet and/or Services are not liable, and You agree not to seek to hold them liable, for the conduct of third parties and that the risk of receiving, holding, transferring and using Crypto Assets rests entirely with You.

By receiving, holding, transferring or using Crypto Assets, and to the extent permitted by law, the User agrees not to hold any third party (including the Company's team members and other developers, auditors, contractors or founders associated with the Company) liable for any regulatory implications or liability associated with or arising from the creation, allocation, distribution, ownership or use of Crypto Assets or any other action or transaction related to the Crypto Assets.

Indemnity

You agree to indemnify the Company against any claims, damages, losses or legal fees incurred due to Your use (or misuse) of the Wallet and/or Services.

Non-Waiver

No action or inaction of the Company shall be considered a waiver of any right or obligation by the Company.

Release

To the extent permitted by any applicable law, You release and agree not to hold any directors, shareholders, initiators, developers, auditors, employees, representatives, successors, contractors or founders of the Company or any affiliated entity liable for any and all damages caused by or related to the use of, or the inability to use, the Wallet and/or Services under any cause or action whatsoever of any kind in any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence). To the extent permitted by any applicable law, You release and agree that directors, shareholders, initiators, developers, auditors, employees, representatives, successors, contractors or founders of the Company or any affiliated entity shall not be liable for any indirect, incidental, special, exemplary or consequential damages, including for loss of profits, goodwill or data, in any way whatsoever arising out of the use of, or the inability to use of the Wallet and/or Services.

Amendment

The Company reserves the right to amend, revise, modify, and/or change these Terms at any time without prior notice. All changes shall take effect immediately and such updated version of the Addendum shall be published in the Company’s website. Users who do not agree with any amendment, review and/or change of this Addendum may request to terminate their user agreement with the Company and close their account.

Assignment

You may not assign this agreement or any rights granted by this agreement.

Miscellaneous

The User agrees that if any portion of these Terms is found illegal or unenforceable, in whole or in part, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.

Except as otherwise provided in these Terms, these Terms and the rights and obligations of the parties hereunder will be binding upon and inure to the benefit of their respective successors, assigns, heirs, executors, administrators and legal representatives. The Company may assign any of its rights and obligations under these Terms.

The failure of the Company to enforce any of the provisions of these Terms or any rights with respect thereto shall in no way be considered as a waiver of such provisions or rights or in any way affect the validity of these Terms.

Governing Law

The Agreement and all transactional relations between You and the Company shall be governed by and construed in accordance with the laws of Switzerland and the Parties agree that all disputes shall be finally settled by the ordinary courts of the registered address of the Company in Switzerland.

Privacy Policy

Your blockchain transactions may be relayed through servers (“nodes”) and will be publicly visible due to the public nature of distributed ledger systems. Exchange rates, balances, transactions and other blockchain information may be read from, or related to, third-party servers. The Company cannot guarantee the privacy of your internet connection. For more information on our Privacy Policy please visit: http://www.odincoin-ag.com/privacypolicy/

Personal Data Processing

By accepting these Terms, You consent to the collection and processing of Your following personal data/information by the Company:

First name, last name, gender, date of birth, identity document information, residence address certifying document information, residence address, contact phone number, email, photograph, information on Your identified locale, IP address, information in the cookies files that have been sent to Your device, information about Your browser, the operating system name and version, the date and time of access to the site, the requested pages addresses.

You shall be obliged to provide correct, accurate and complete personal data/information as requested by the Company.

The collection and processing of personal data comply with applicable regulating legislation requirements, including without limitation to Regulation (EU) 2016/679 of the European Parliament and of the of personal data and the free movement of such data and repealing Directive 95/46/EC (general Data Protection Regulation (hereinafter the “GDPR”), with antimoney laundering regulations, as well as with any and all purposes in relation to these terms, including without limitation to enable the Company to discharge its obligations towards You.

You acknowledge and consent to that, for the purposes described in the section directly above, the Company shall be entitled to collect, record, organize, structure, store, adapt or alter, retrieve, consult, use, disclose by transmission, disseminate or otherwise make available, align or combine, restrict, erase or destruct Your personal data and/or perform any other actions according to the GDPR and to another current regulating legislation.

You acknowledge and consent to the Company storing, maintaining and processing Your personal data in the manners described in the Privacy Policy, which You should read, during the term of using the Wallet and for 5 years after that. Such term may be extended from 5 to 7 years upon the competent authority request.

You hereby acknowledge, accept, agree and consent to the disclosure of Your personal data by the Company to the third parties and their representatives, specified in the Privacy Policy, solely for the purposes of these Terms, including without limitation in order to facilitate KYC and AML processing, provided that at all times (i) the amount of personal data to be disclosed to any such third party is proportionate and/or limited solely to facilitate to the actions as described above, and (ii) the Company shall ensure that such third party shall treat the personal data in accordance to applicable laws and regulations.

The Company shall not be entitled to make available the personal data in public and/or disclose such personal data for any other purposes, subject to the disclosure required under applicable laws and regulations. During processing of the personal data, the Company shall take necessary legal, organizational and technical measures to protect such personal data from unauthorized or accidental access, destruction, change blocking, copying, provision, and dissemination as well as from any other illegal actions. The types of such measures and the conditions for their applications are prescribed by GDPR.

On all issues of processing of personal data, You can always contact the Company for further information.