Terms & Conditions

December 28, 2017

The Platform and the Services are subject to these terms of service ("Terms"). By using the Platform or the Services, you agree that you have read, understood and agree to these Terms which shall form a legal agreement between you and Enjin. These Terms may be revised from time to time in accordance with Clause 9.2. If you do not agree with any of the foregoing, you must immediately cease access and use of the Services.

1. Definitions and Interpretation

1.1 In these Terms, unless the context otherwise requires, the following definitions shall apply:

"Applicable Laws" means all applicable statutes, enactments, acts of the state legislature or parliament, laws, ordinances, rules, bye-laws, regulations, notifications, guidelines, directions, directives and orders of any governmental authority, statutory authority, tribunal, board, court or recognised stock exchange, as may be applicable, international treaties and regulations.

"Clause" means a clause in these Terms. "Content" has the meaning given to it in Clause 3.3.

"Cryptocurrency" means any cryptocurrency supported by the Platform and excludes, unless expressly specified by Enjin on the Platform, any derivative coins or tokens which interact with the aforesaid cryptocurrency.

"Data Protection Legislation" means the Personal Data Protection Act 2012 (No. 26 of 2012) and all Applicable Laws relating to (as applicable) the collection, use, disclosure, security, protection and processing of Personal Data or privacy, including where applicable the guidance and codes of practice issued by the Personal Data Protection Commission of Singapore.

"Enjin" means Enjin Pte. Ltd. (Company Registration No. 201201984D).

"Intellectual Property Rights" means all intellectual property rights, including without limitation any copyrights, adaptation rights, publishing rights, reproduction rights, rights to communicate to the public, public performances, synchronisation rights, rights to be named as creator of the work, artist names, patents, utility models, circuitry, rights of patent, rights to inventions, design patents, designs, trademarks, trade names and business names (including Internet domain names and e-mail address names), service marks, brands, slogans, commercial symbols, logos, rights in software, database rights, rights to preserve confidential information (including know-how and trade secrets) other designations, inventions, trade secrets, know-how and/or any other industrial and/or intellectual property rights, whether registered or unregistered and all applications therefor.

"Losses" means all penalties, losses, settlement sums, costs (including legal fees and expenses on a solicitor-client basis), charges, expenses, actions, proceedings, claims, demands and other liabilities, whether foreseeable or not.

"Modifications" has the meaning given to it in Clause 9.1.

"Personal Data" has the meaning given to it in the Personal Data Protection Act 2012 (No. 26 of 2012) or the applicable Data Protection Legislation.

"Platform" means the online platform owned and operated by Enjin, and which is accessible at enjinwallet.io.

"Policies" means any relevant guidelines, policies, notices or instructions which Enjin may issue from time to time in respect of the Services.

"Privacy Policy" means privacy policy of Enjin which is made available at enjinwallet.io/privacy.

"Private Key" has the meaning given to it in Clause 4.3(e).

"Services" means the services which are made available from time to time by Enjin through the Platform and includes any software which Enjin may include as part of the Services.

"Wallet" has the meaning given to it in Clause 4.1(a).

1.2 In these Terms, unless the context otherwise requires:

(a) the headings are for convenience of reference only and shall not affect the interpretation or be used in the construction of these Terms;

(b) reference to an agreement or document (including a reference to these Terms) is to the agreement or document as amended, supplemented, novated or replaced;

(c) references to writing includes any method of representing or reproducing words, figures, drawings or symbols in a visible and tangible form, whether in a physical document or in an electronic communication or form or otherwise;

(d) reference to the singular shall include references to the plural and vice versa;

(e) references to legislation or to a provision of legislation includes a modification or re-enactment of it, a legislative provision substituted for it and a regulation or statutory instrument issued under it;

(f) mentioning anything after "includes", "including", "for example", or similar expressions, does not limit what else might be included; and

(g) nothing in these Terms is to be interpreted against a party solely on the ground that the party put forward these Terms or a relevant part of it.

2. Eligibility and Conduct

2.1 By accessing or using the Services, you represent and warrant on an ongoing basis that:

(a) if you are an individual, you are of the legal age of majority in your jurisdiction as is required to enter into these Terms, and you have the capacity to enter into these Terms and the transactions contemplated under these Terms;

(b) if you are accessing or using the Services on behalf of an entity, you have the authority to bind such entity to these Terms and the transactions contemplated under these Terms, and all references to "you" and similar expressions in these Terms shall mean that entity;

(c) you are not subject to any Applicable Laws which would restrict or prohibit your access or use of the Services; and

(d) any funds used by you in connection with the Platform are owned by you, and all transactions initiated with your Wallet are for your own account and not on behalf of any other person or entity.

2.2 In respect of the Services, you shall comply with these Terms, any relevant Policies and the Applicable Laws. In particular, you shall not misuse the Services or do (or attempt to do) any of the following acts:

(a) violate any Applicable Laws;

(b) access or use the Services by any means other than the interface made available by Enjin;

(c) circumvent any access or use restrictions put into place to prevent certain access or use of the Services;

(d) interfere with any other party's use or enjoyment of the Services;

(e) obtain unauthorised access to any Services, any server of Enjin, any computer systems or networks connected to any server of Enjin or to any of the Services;

(f) use the Services in any manner which may interfere with, disrupt, disable, overburden or impair the any server of Enjin, any computer system or network connected to the server of Enjin;

(g) use or transmit any data, software or material which contains or which may contain viruses, worms or other potentially harmful components which may infect, damage or otherwise interfere with any Services, any server of Enjin, any computer systems or networks connected to any server of Enjin or to any of the Services;

(h) modify, reverse engineer, decompile, disassemble, create derivative works or attempt to discover any source code or underlying ideas or algorithms of any Services;

(i) harvest or otherwise collect Personal Data about other users of the Services;

(j) infringe any of the Intellectual Property Rights of any party (including Enjin);

(k) engage in any unlawful or fraudulent activity, including (for example) any transactions involving prohibited or controlled substances, illegal content and services, money-laundering or the funding of terrorism; or

(l) cause or permit any third party to do any of the foregoing.

3. Rights relating to the Platform and the Services

3.1 In consideration of your use of the Platform, and subject always to these Terms, Enjin grants you a limited, royalty-free, non-exclusive, non-transferable, non-sublicensable and revocable right to use the Platform and the Services for the sole purpose of facilitating the sending, receiving and storing of Cryptocurrencies.

3.2 Enjin and its licensors shall remain the sole owner of all rights, titles, and interests in and to the Platform and the Services. Enjin reserves all rights not expressly granted under these Terms.

3.3 You acknowledge and agree that by submitting (by any means) any content or material (including, without limitation, any feedback or suggestion) regarding the Platform and the Services ("Content") to Enjin, you are granting Enjin the unrestricted right to use, copy, sublicence, distribute, transmit, display, reproduce, edit, translate and reformat your Content for any purpose without any obligation to you.

4. Services

4.1 You may use the Services to:

(a) generate and store cryptocurrency wallet addresses ("Wallet"); and

(b) submit transaction requests relating to any Cryptocurrency to the relevant cryptocurrency network in accordance with the instructions you provide via the Services. By submitting any transaction request, you authorise Enjin to submit your transaction request to the relevant third party networks in accordance with the directions you provide.

4.2 You acknowledge and agree that:

(a) any transfer of title in any Cryptocurrency occurs within the decentralised network of the relevant Cryptocurrency, and Enjin shall have no responsibility or liability for any transactions in respect of any such decentralised network;

(b) you do not create an account with the Platform; and

(c) neither the Platform nor any of the Services stores, sends or receives Cryptocurrencies.

4.3 By using any of the Services, you represent and undertake that you understand the risks associated with cryptographic systems and the usage of cryptocurrencies. In particular, you acknowledge and agree that:

(a) Enjin does not have any control over your Wallet or any Cryptocurrency;

(b) you may not cancel, change or reverse any transaction initiated using the Services;

(c) all transaction requests made pursuant to the use of the Services must be confirmed and recorded by the relevant cryptocurrency network, which is not owned, controlled or operated by Enjin; accordingly, Enjin:

(i) does not warrant that any transaction request will be confirmed via the relevant cryptocurrency network;

(ii) shall not be liable in any way if any transaction initiated using the Services is delayed or not completed; and

(iii) cannot cancel, change or reverse any cryptocurrency transaction which has been communicated to and confirmed by the relevant cryptocurrency network;

(d) Enjin makes no warranty as to the value of any Cryptocurrency, or that any transaction request submitted as part of the Services will be completed;

(e) Enjin does not store any private keys, usernames, backup phrases or passwords ("Private Key");

(f) Enjin shall not be responsible for any error or omissions that you may make in connection with any transaction initiated using the Services;

(g) Enjin shall not be responsible for any Losses resulting from your loss, or failure to secure, your Private Key; and

(h) you shall be entirely responsible for:

(i) maintaining the confidentiality of, and securing, your Private Key and Wallet (please note that if you lose your Private Key, Enjin will not be able to recover it for you and you may permanently lose access to your Cryptocurrencies);

(ii) all activities (whether or not authorised by you) relating to your Wallet; and

iii) ensuring that your transactions conform to the applicable rules of the relevant Cryptocurrency.

5. Data Protection

5.1 By agreeing to these Terms, you also agree to the Privacy Policy which is incorporated into these Terms by reference. The Privacy Policy sets out how Enjin collects, uses and discloses your Personal Data.

5.2 In the event that, as a result of your use of the Services, you obtain the Personal Data of any other party, you undertake to comply with each of the following:

a) all applicable Data Protection Legislation, and any relevant Policies. In the event of any overlap, conflict, or inconsistency in the obligations under applicable Data Protection Legislation, the obligation which affords the higher data protection levels will prevail; and

(b) you shall notify and obtain consent from such other party before collecting, using or disclosing (as applicable) any Personal Data of such other party.

6. Limitation of Responsibility and Liability

6.1 The Platform and the Services are provided on an "as is" and "as available" basis. No representations or warranties of any kind, implied, express or statutory, including the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, are given in conjunction with the Platform or the Services. Without prejudice to the generality of the foregoing, Enjin does not warrant any of the following:

(a) the accuracy, timeliness, adequacy, commercial value or completeness of all data and information contained in the Services;

(b) that the Services are free from any computer viruses or other malicious, destructive or corrupting code, agent, program or macros; or

(c) the security of any information transmitted by you or to you through the Services, and you accept the risk that that any information transmitted or received through the Services may be, for example, accessed by unauthorised third parties or disclosed by Enjin or its officers, employees or agents to third parties purporting to be you or purporting to act under your authority. Transmissions over the Internet and electronic mail may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the Internet.

6.2 Enjin shall not be liable to you for any Losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:

(a) any access, use or inability to use the Services;

(b) unforeseen circumstances preventing the proper performance of the Platform despite any reasonable precautions taken by Enjin. Such circumstances include, but are not limited to, act of God (such as, but not limited to, fires, explosions, earthquakes, and floods), power outage, theft, equipment or system failure, hacking attack and unusually high levels of use which have the effect of causing disruption or delay in the Services;

(c) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and

(d) any use of or access to any other website or webpage linked to the Services, even if advised of, or having contemplated, the possibility of such liability.

6.3 Any risk of misunderstanding, error, damage, expense or Losses resulting from the use of the Platform is entirely at your own risk and Enjin shall not be liable therefor.

6.4 Notwithstanding anything in these Terms, certain Applicable Laws may imply warranties or conditions or impose obligations upon Enjin which cannot be excluded, restricted or modified except to a limited extent. To the extent that such legislation applies, these Terms shall be read subject to such Applicable Laws and nothing in these Terms is intended to alter or restrict the operation of such Applicable Laws. 7. Indemnities

7.1 To the fullest extent permitted by the Applicable Laws, you agree to indemnify and hold harmless Enjin and its affiliates, directors, officers, employees and agents from and against all Losses arising out of or relating to:

(a) any access or use of any of the Services, whether by you or by a third party using your Private Key or Wallet;

(b) your, actual or alleged, breach of any of these Terms, infringement of any third party right of any nature whatsoever or any Applicable Laws; and

(c) your negligent or willful conduct.

Enjin shall give you prompt notice of any Losses, however failure to provide such notice shall not relieve you of your liabilities or obligations hereunder.

7.2 To the fullest extent permitted by the Applicable Laws, Enjin may require you to cooperate in the defence of any third-party legal proceeding against Enjin where such legal proceeding is a result of or attributable to a third party claim that (i) your use of the Services infringed any Intellectual Property Right or proprietary right of a third party, or (ii) arises from your breach of these Terms. In all circumstances, Enjin reserves the right to control its own defence and follow such course of action as it reasonably deems necessary to protect its interests, and you shall cooperate as reasonably required, and fully indemnify Enjin for all costs (including legal fees and settlement payments) reasonably incurred in such course of action.

8. Links to Third Party Sites

For your convenience, Enjin may include links to the websites or content on the internet which are not under the control of Enjin. Enjin shall not be responsible for the contents of such linked websites or content, or any changes or updates to such linked websites or content. The inclusion of any such links is not an endorsement or verification of such linked websites or content, and any access or use of such linked websites or content is entirely at your own risk.

9. Modifications and Change of Terms

9.1 Enjin may, from time to time and without giving any reason or notice, modify, upgrade, suspend, or discontinue (the "Modifications") the Platform, the Services or any part thereof. For example, in the event of any alteration of the operating rules of any Cryptocurrency, Enjin may cease to support or permit such altered Cryptocurrency on the Platform. Enjin shall not be liable if any Modification affects your use of the Services.

9.2 Enjin reserves the right to vary these Terms at its sole and absolute discretion at any time without notice to you. It is your responsibility to review these Terms for changes. If you use the Platform or the Services after such varied Terms are posted online, you are deemed to have accepted such variation. If you do not accept the variation, your sole and exclusive remedy is to stop access to and use of the Platform and the Services and terminate these Terms.

10. Termination

10.1 These Terms will continue to apply unless terminated in accordance with this Clause 10.

10.2 Enjin reserves the right to terminate these Terms with immediate effect, or to disable, suspend or terminate your access to and use of the Services, without giving any reason, notice or liability to you.

10.3 You may terminate these Terms by ceasing use of the Platform and the Services at any time and you need not specifically inform Enjin when you cease to use the Platform and Services.

10.4 Upon the termination of these Terms for any reason, all rights granted by Enjin to you under these Terms will automatically terminate with immediate effect.

10.5 Termination of these Terms for any reason shall not affect any rights, remedies, obligations or liabilities that have accrued up to the date of termination, including the right to claim damages in respect of any breach which existed at or before the date of termination.

10.6 On termination of these Terms for any reason, Clauses which are by their nature intended to survive shall continue in force and effect. Such Clauses include, for example, Clauses 3 (Rights relating to the Platform and the Services), 5 (Data Protection), 6 (Limitation of Responsibility and Liability), 7 (Indemnities), 10 (Termination), and 11 (General Provisions).

11. General Provisions

11.1 Notices. All notices and communications pursuant to these Terms shall be given by Enjin to you electronically by postings on the Platform.

11.2 Assignment. You may not assign your rights under these Terms without the prior written consent of Enjin. Enjin may, at any time, assign its rights under these Terms to any third party.

11.3 Entire Agreement. These Terms (and the documents referred to in these Terms) shall constitute the entire agreement between you and Enjin relating to the subject matter hereof, and supersedes and replaces in full all prior understandings, communications and agreements between you and Enjin with respect to the subject matter hereof.

11.4 Severability. If at any time any provision of these Terms shall be or shall become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of these Terms shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these Terms.

11.5 Tax. You undertake to be responsible for all applicable taxes payable in connection to your use of the Services, and to withhold, remit or report all relevant funds to the appropriate tax authorities in accordance with Applicable Laws.

11.6 Cumulative Rights and Remedies. The rights and remedies provided under these Terms are cumulative and are without prejudice and in addition to any rights or remedies Enjin may have in law or in equity, and no exercise by Enjin of any one right or remedy under these Terms, or at law or in equity, shall (save to the extent, if any, provided at law or in equity) operate so as to hinder or prevent Enjin's exercise of any other such right or remedy as at law or in equity.

11.7 Force Majeure. Enjin shall not be in breach of these Terms or liable for delay in performing, or failure to perform, any of its obligations under these Terms if such delay or failure result from events, circumstances or causes beyond its reasonable control. Such circumstances include, but are not limited to, act of God (for example, fires, explosions, earthquakes, and floods), power outage, theft, equipment or system failure, hacking attack and unusually high levels of use which have the effect of causing disruption or delay in the Services. In such circumstances, the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed.

11.8 Injunctive Relief: Enjin may seek immediate injunctive relief if Enjin determines in its reasonable discretion that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.

11.9 Rights of Third Parties: No person, other than you or Enjin (and its affiliates), shall have the right to enforce any provision of these Terms under the Contracts (Rights of Third Parties) Act (Chapter 53B) of Singapore or any similar legislation in any jurisdiction. Nothing in the foregoing shall affect the rights of any permitted assignee or transferee of these Terms.

11.10 Language: In the event that these Terms are executed or translated in any language other than English, the English language version of these Terms shall govern and shall take precedence over the translated version.

11.11 Waiver. No failure or delay by Enjin to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

11.12 Complaints and Queries. Kindly direct any complaints or queries you have to enjin.com/support.

11.13 Governing Law and Jurisdiction. These Terms and any non-contractual obligations arising out of or in connection with these Terms shall be governed by, and construed in accordance with, the laws of Singapore. You agree to submit to the exclusive jurisdiction of the courts of Singapore.