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DEXON Wallet - Terms and Conditions of Use

Version: April 12, 2019

DEXON Foundation (“We”, ”Us”) provides the DEXON Wallet Service (“DEXON Wallet” or the “Service”) via the DEXON Wallet browser extension and DEXON Wallet mobile application.

Please note that your use of the Service is also subjected to our Privacy Policy and Cookie Policy. We reserve the right to update this DEXON Wallet Terms of Service, Privacy Policy and Cookie Policy (collectively the “Terms”) at any time without giving prior notice to you.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.

I. Scope of Service

The DEXON Wallet provides decentralized blockchain wallet services for the DEXON Network (“DEXON NETWORK”). DEXON Wallet allows you to: (a) send and receive DEXON coins (“DXN”) and related cryptographically secure tokens (the “cryptocurrencies”); (b) browse third party decentralized applications (“DApps” or “DApp”) through the website and mobile application’s DApp browser; and (c) facilitate the submission of cryptocurrencies transaction data to DEXON NETWORK without requiring you to download or install the associated software onto your local device. Details of DEXON Network’s blockchain service is as follows:

A. Wallet Address, Private Key and Keystore

Certain information related to your wallet’s encrypted backup can be stored in your device in various types of format, including Keystore JSON format. Your private key(s) are linked to your wallet address(es), and together, they can be used to authorize the transfer of cryptocurrencies to and from that intended wallet address. You shall be solely responsible for the security of your private key(s) recovery phrases and Keystore JSON format (the “BackUp Information”) associated with your wallet address(es). Your failure to maintain the security of BackUp Information may result in the loss of control of cryptocurrencies associated with that wallet address(es).

B. Passcode

DEXON Wallet stores your cryptocurrency wallet address(es) but does not receive or store your wallet passcode, private keys, recovery phrases or Keystore JSON format associated with your wallet address(es). DEXON Wallet is an interface that allows you to process cryptocurrency transactions without storing, obtaining your passcode, Face ID, Touch ID, and BackUp Information. As a result, we are unable to assist you with passcode and BackUp Information retrieval. We are unable to generate a new passcode for your wallet if you forget your passcode for accessing the Service. If you do not carefully store BackUp Information associated with your wallet address(es), you understand that any cryptocurrency assets you have associated with such a wallet address(es) will become inaccessible if you do not have such information.

C. Blockchain Transactions

All blockchain transactions are completed and recorded in blockchain network(s). Such networks are decentralized networks which may be supported and maintained by independent third parties other than us. In particular, we do not own, control or operate such blockchain network(s). We have no control over networks maintained by other developers; Ethereum Blockchain Network for instance. Therefore, we cannot ensure any transaction detail that you submit via our Service will be confirmed and processed. You understand and acknowledge that the transaction you submit may not be completed, may be substantially delayed or may be rejected by the third party decentralized network(s).

D. Accuracy of Information Provided by User

You represent and warrant that any information you provide to the Service is accurate and complete. You further acknowledge that you shall be solely responsible for the risks in connection with your use of this Service. We are not responsible for any errors or omissions that you make in connection with any blockchain transactions you initiated via the DEXON Wallet.

II. Eligibility

By accessing the Service, you represent and warrant that you:

A. Are at least 18 years of age, or at least the minimum age required by applicable laws in your local jurisdiction such that the Service may be lawfully provided to you without parental consent;

B. Accede to the Terms and the Cookie Policy;

C. Do not reside in a country in which its residents or citizens are prohibited from accessing and using the Service;

D. Fully read, understand and agree to be bound by the Terms; and

E. Have the authority to accept and be bound by the terms if you are representing a legal entity such as a company or an organization and you further represent and warrant that such legal entity is duly incorporated and validly existing under applicable laws of the jurisdiction of the legal entity.

III. DEXON Wallet Registration

You must either import or create a wallet in order to use DEXON Wallet. When you create a wallet through the Service, a private key of the wallet will be assigned to you. You can back up the wallet information through one of the following Backup Information methods: (i) Recovery Phrases; (ii) Keystore JSON format; and (iii) private key. You shall be solely responsible for maintaining the confidentiality of the Backup Information and your passcode (if applicable). You will be fully responsible for any and all activities that occur within your wallet(s). We will not be liable for any loss or damage arising from your failure to maintain the security of your Backup Information. You shall therefore, take precautions in order to avoid loss of access to and/or control over your wallet.

A. Transactions: Once a transaction has been submitted via the Service, we are unable to cancel or modify the transaction due to the nature of blockchain networks. We have no control over any blockchain and do not have the ability to facilitate any cancellation or modification requests. You must ensure that you have an adequate balance in your wallet and gas fee (if applicable) to complete transactions. You agree and understand that we will not be liable for any failed transactions due to insufficient funds or gas fee associated with your wallet.

B. Taxes: You acknowledge and agree that you are solely responsible for compliance with all tax laws, rules or regulations which may be applicable to your transactions. Without limiting the aforementioned, you acknowledge and agree that you are solely responsible for all tax obligations arising from your use of the Service. You further acknowledge and agree that we shall NOT be liable, whether directly or indirectly, for any of your tax obligations.

IV. Third Party Content

Third Party Link: DEXON Wallet may provide third party content on DEXON Wallet browser extension and DEXON Wallet mobile application and may provide links to web pages and content that are not owned or controlled by us (the “Third Party Content”). We do not control, endorse, or adopt any Third Party Content and makes no representations or warranties of any kind regarding the Third Party Content, including but not limited to the accuracy or completeness thereof. You acknowledge and agree that we are not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. You acknowledge that your use of such Third Party Content shall be at your own risk. Your business dealings or correspondence with, or participation in promotions of, any third parties, and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such third parties. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, promotions or as the result of the presence of such Third Party Content on the Site or otherwise via the provision of the Service.

V. Disclaimer of Warranties; Exclusion of Liability

THE SERVICE AND THE DAPP STORE ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE DO NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OR CONTINUOUS AVAILABILITY OF THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES (AND THOSE THAT THE COMPANY WORKS WITH TO PROVIDE THE SERVICE) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FOR A COURSE OF PERFORMANCE OR COURSE OF DEALING.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES (AND THOSE THAT THE COMPANY WORKS WITHTO PROVIDE THE SERVICE) SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G., LOSSES ARISING FROM OR RELATED TO TECHNICAL DIFFICULTIES OF THE APP, THE PLATFORM, OR THE SERVICE).

IN NO EVENT SHALL THE LIABILITY OF US AND OUR AFFILIATES (AND THOSE THAT THE COMPANY WORKS WITHTO PROVIDE THE SERVICE) EXCEED, IN THE AGGREGATE OF ALL CLAIMS, AN AMOUNT EXCEEDING THE AGGREGATE FEES PAID BY YOU FOR THE SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING SUCH CLAIMS.

VI. Indemnity

You agree to indemnify, defend, and hold us and our affiliates and each of their respective officers, directors, agents and employees harmless from any claim or demand (including any fines, fees or penalties imposed by any regulatory authority, attorney’s fees and court costs) arising out of or related to (i) your breach of these Terms, (ii) your use and misuse of Service, or (iii) your violation of any law, rule,regulation or the rights of any third party.

VII. Applicable Law and Dispute Resolutions

The Terms shall be governed by the laws of Taiwan, and shall be interpreted in all respects as a contract governed by Taiwan laws. Any claim or action arising from or related to the Terms, including tort claims, shall be governed by, construed and enforced in accordance with the laws of Taiwan.

To expedite and control the cost of disputes, you agree that any claims arising out of or relating to your use of the Service (a “Claim”) will be exclusively resolved in Taipei District Court. You agree to waive any objection to such jurisdiction except for claims regarding intellectual property rights. Unless otherwise prohibited by applicable laws, all claims must be brought within one (1) year after the cause of action arises.

VIII. No Class Action

You and DEXON Foundation may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, representative, consolidated or multi-claimant proceeding.

IX. Severability; Waiver

If any provision of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and will not affect the validity and enforceability of any remaining provisions. Any delay or failure by us to enforce any of its rights shall not constitute a continuing waiver of such rights.

X. Integration

The Terms and any policies or operating rules posted by us and our affiliates constitute the entire agreement and understanding between you and us, and supersede any prior or contemporaneous agreements, communications and proposals, in any form, between you and us (including, but not limited to, any prior versions of the Terms).

XI. Force Majeure

In addition to applicable disclaimers stated above, DEXON Wallet’s performance under these Terms shall be excused in the event of interruption and/or delay due to, or resulting from causes beyond our reasonable control, including but not limited to acts of God, acts of any government, war or other hostility, civil disorder, fire, flood, snow storm, earthquake, explosion, embargo, acts of terrorism, power failure, equipment failure, industrial or labor disputes or controversies, acts of any third party data provider(s) or other third party information provider(s), third party software, or communication method interruptions.

XII. Notice and Communication

All notices, requests, demands and other communications under these Terms shall be deemed to have been duly given if given as follows:

DEXON Foundation Email: support@dexon.org Address: 9 Temasek Boulevard #04-02 Suntec Tower Two Singapore 038989

XIII. Modification

We may, in our sole discretion, amend, delete, or otherwise modify any of the terms of these Terms at any time without giving prior notice to you.

XIV. Suspension and Termination of the Services

We may, in our sole discretion and for any reason, temporarily suspend, or finally terminate, the Service, with or without giving advance notice to you.