Terms of Service

Safex Wallet, and/or its affiliates (“we,” “our,” or “us”), offers its software services through our website at safex.live. We also have associated mobile apps and products (collectively, "Services" or "Safex Wallet"). Before using our Services, it’s important to carefully read our Terms of Service (the "Terms") and any other policies or notices related to our website or mobile apps.

Agreement to Terms

By using any of our Services, you confirm that (i) you have read and understand our Terms, (ii) you agree to follow these Terms, and (iii) you are legally allowed to accept these Terms. If you don’t agree with these Terms or any changes we make to them, please don’t use our Services. Please note, WE DO NOT OFFER FINANCIAL OR INVESTMENT ADVICE. WE PROVIDE TECHNOLOGY SERVICES, WITHOUT MAKING ANY RECOMMENDATIONS ABOUT DIGITAL ASSET TRANSACTIONS OR OPERATIONS. Remember, any decision to perform transactions with digital assets should be decided by you.

Privacy Policy

To understand how we collect, use and disclose our users’ information, please check our Privacy Notice. By using our Services, you accept and agree that we will manage your information (including any personal data you give us) following the terms in our Privacy Notice.

Updates to Terms or Service

We reserve the right to update or modify these Terms at any time at our sole discretion. If we do so, we’ll let you know by either posting the revised Terms on our website, on our mobile application or through other methods of communication which we deem reasonable. Such revised Terms as posted will take effect immediately, unless otherwise indicated. You should regularly check our website to inform yourself of any such changes and decide whether or not to accept the revised version of these Terms. If you continue to use Safex Wallet following any update or modification of the Terms you shall be deemed to have accepted the revised Terms. If you do not agree to the Terms or any update or modification to the Terms, you must cease to access or use our Services. Our Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without prior notice, and at our sole discretion.

Eligibility

To be eligible to use Safex Wallet:

• You must be at least eighteen (18) years old and legally competent to enter into these Terms.
• If you are using our Services on behalf of a legal entity, you further represent and warrant that the legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and you are duly authorized by such legal entity to act on its behalf.
• you must not be located in, or a resident, national, or entity established under the laws of any jurisdiction that is comprehensively sanctioned by the U.S., including but not limited to Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine;
• you must not be currently on any list of prohibited or restricted persons maintained by the U.S. government (including the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”) Specially Designated Nationals and Blocked Persons List and Foreign Sanctions Evaders List and the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) Entity List), the United Nations Security Council, the United Kingdom government, the European Union or its member states, or any other relevant sanctions authority.
• you can only use our Services if permitted under the laws of your jurisdiction. For the avoidance of doubt, you may not use our Services if you are located in, or a citizen or resident of any state, country, territory or other jurisdiction where your use of our Services would be illegal or otherwise violate any applicable laws.

Please make sure that these Terms are in compliance with all laws, rules, and regulations that apply to you. You agree that you are only using our Services with legally-obtained funds that rightfully belong to you. By using Safex Wallet, you represent and warrant that you meet all eligibility requirements that we outline in these Terms.

Notwithstanding the aforementioned conditions, we maintain absolute discretion to prohibit certain individuals from accessing or utilizing Safex Wallet. Additionally, please note that we reserve the right to modify our eligibility criteria at any given time, in accordance with relevant laws, regulations, and company policies.

Services

Safex Wallet serves as a non-custodial digital wallet software intended for digital assets such as cryptocurrencies, virtual commodities, and NFTs ("Digital Assets"). This means that you, and only you, have complete control over and responsibility for your Digital Assets and private keys, thereby authorizing transactions from your wallet address autonomously. Please be fully aware that because Safex Wallet operates as a non-custodial wallet software, all associated activities and potential risks of loss are entirely under your management at all times. Safex Wallet equips you to:

• Generate wallet addresses and associated private keys that enable you to send and receive various digital assets;
• Explore and utilize third-party decentralized application(s) ("DApp(s)") and third-party decentralized exchanges ("DEX") through the mobile application’s incorporated web browser;
• Conduct swaps or trade digital assets utilizing DApp features provided by independent third-party service providers;
• Deploy specific digital assets in a third-party ’Proof of Stake’ network through staking services ("Staking Service");
• Gain access to digital asset price information provided by independent third-party service providers; and
• Broadcast Digital Asset Transaction data to various blockchain networks supported by Safex Wallet, thus eliminating the need to download or install the respective blockchain-based software into your local device.

Please remember that your usage of Safex Wallet’s features and services underpins your acceptance of the risks associated with digital asset management and transaction activities, including network variability, cybersecurity threats, and market volatility.

Wallet Address, Private Key, and Backup Capabilities

An encrypted backup of certain information associated with your wallet can be stored on eligible devices. The wallet address is linked to the private key; together, they permit the authorization of the transfer of Digital Assets from and into that wallet address. You bear exclusive responsibility for the preservation and security of your private key and any mnemonic phrase ("Secret Phrase") related to your wallet.

It is imperative to safeguard access information for your wallet address, secret phrase, and private key. Equally crucial is the backup of your private keys, backup phrases, or passwords. Failing to do so may conclude in losing authority over Digital Assets tied to your wallet. Please note that we do not gain or retain your wallet password, encrypted private key, unencrypted private key, or secret phrase connected to your wallet. Furthermore, we cannot produce a replacement password for your wallet if you forgot your primary password.

In case you have not securely preserved a backup of any private key and wallet address pair existing in your wallet, remember that all Digital Assets associated with such a wallet address will be unreachable. Hence, we expressly disclaim any responsibility or liability in the event you are unable to access your wallet for any reason, including but not confined to your failure to secure your wallet address, Secret Phrase, and private key information.

Protecting your Digital Assets requires your full caution and alertness. Safex Wallet operations are premised on the principle that you’re fully aware of the importance of your Digital Assets and will execute necessary steps to safeguard them. You agree to be solely responsible for any actions you perform within Safex Wallet and acknowledge the risks associated with digital asset management.

Use of DApps and DEX

When accessing or using decentralized applications (DApps) or decentralized exchanges (DEX), including but not limited to the DApp functionality within our Services such as the "Trade/Swap Digital Assets" feature, you are required to understand and agree to the following terms:

• Safex Wallet does not control, endorse, or take responsibility for your engagement with or use of DApps or DEX. Safex Wallet has no liability or obligation related to your use of DApps or DEX, including but not limited to any transactions that are disputed or result in losses.
• The amount that you can trade through DEX each day is subject to the rules and limitations set by the third-party developers of the Smart Contracts. Safex Wallet does not control these limits and is not responsible for enforcing them.
• All transactions on the blockchain are final and cannot be reversed. This means that any transaction made via DApps or DEX is entirely under your control and responsibility. You take full responsibility for the outcomes of any issues related to these transactions, including but not limited to transfers to incorrect addresses or problems with the node servers you have selected.
• Using DApps or DEX may result in handling or service fees associated with the third-party Smart Contracts. These fees are determined by the third-party developers and are not controlled by Safex Wallet.

Use of Staking Service

When you access or utilize the Staking Service, you will work with a third-party provider that stakes specific Digital Assets ("Staked Digital Assets") for validating transactions on the related blockchain network. Successful validations may yield a network-issued reward ("Staking Reward").

In using the Staking Service, you acknowledge and agree to the following:

• Safex Wallet does not control or take liability for your use of the Staking Service. We expressly disclaim all liability for any potential issues or losses related to your use of the Staking Service, including any loss of Staked Digital Assets, failure to obtain Staking Rewards, or fees incurred during the process.
• Safex Wallet cannot guarantee uninterrupted Staking operations. Interruptions in service can occur due to many factors beyond our control, such as codebase updates, network protocol changes, actions from third-party providers, or network congestion.
• Safex Wallet cannot ensure the staking or ongoing staking of any specific Digital Asset.
• Staking services are provided "as is." Safex Wallet is not responsible for any failure by any supported Proof-of-Stake (POS) network to transfer rewards or for the loss of rewards due to reasons such as transfer to an incorrect wallet address or other risks like "slashing".

Buy Digital Assets with Supported Credit or Debit Cards

If you opt to use Safex Wallet to purchase Digital Assets with your credit or debit card, the chosen amount will be converted into the applicable Digital Asset and credited to your wallet by a third-party entity. As you do so, it’s important to acknowledge and agree that Safex Wallet is not liable for, nor does it hold any responsibility related to, your usage of this third-party service. It can’t be held accountable for any losses incurred during this process.

Digital Asset Transactions

For all intended Digital Asset transactions to be effectuated, they must be validated and chronicled in the respective Digital Asset’s public blockchain. Safex Wallet has no control over these blockchain networks and, therefore, cannot guarantee the confirmation and execution of any transaction details that you submit via our Services.

• Safex Wallet is not equipped to cancel or modify your transaction;
• Safex Wallet does not store, transmit, or receive Digital Assets. All related actions occur wholly within the framework of the applicable blockchain protocol.

Accuracy of Information Provided by User

You represent and guarantee that any information you provide via the Services is precise and comprehensive. You accept and understand that we hold no responsibility for any errors or omissions made by you in any Digital Asset transactions initiated via the Services.

Wallet Registration and Security

To utilize Safex Wallet, you will need to either import an existing wallet or create a new one. Upon the creation of a wallet, a private key will be generated for you. You understand and agree that all risks associated with the use of our Services are assumed by you, and you will bear full responsibility for maintaining the confidentiality and security of your private key.

Push Notifications

By opting to receive push notifications from Safex Wallet, you will be alerted about congestion in the blockchain networks supported by Safex Wallet and when transactions involving your wallet are completed.

Third Party Services and Content

Our platform connects you to a variety of services provided by our partners. Note that we do not have any control over these third-party services ("Third Party Services"). Your engagement with these services and the associated informational content, products, or services ("Third Party Content") is purely voluntary, and any reliance on such content is done at your own risk.

Payment and Fees

The fees related to the Services, or any aspect thereof, are primarily established by our third-party partners and are available on safex.live and/or in the Safex Wallet mobile application. These fees can include, but are not limited to, cost for account management, transaction fees, withdrawal fees, gas fees, or charges for specific services offered by our partnering entities.

Transaction Fees

Your virtual currency transactions may incur transaction fees, such as mining fees, which are mandated by the virtual currency system or blockchain network you choose to use. Before initiating a transaction, it is your responsibility to ensure that your wallet has a sufficient balance and/or "gas" (network processing power) to complete the transaction fully.

Taxes

Your tax obligations concerning your transactions made through our Services are solely your responsibility. You are required to determine what, if any, taxes apply to your transactions.

Intellectual Property

License

Subject to your agreement and adherence with these Terms, we provide you a non-exclusive, non-sublicensable, and non-transferable license to utilize Safex Wallet strictly for your personal or internal business use.

Feedback

You may, on occasion, decide to provide us with feedback. We reserve the right to freely use, copy, disclose, license, distribute, and exploit any feedback related to Safex Wallet in any manner without any obligation.

Open Source

Safex Wallet operates under a GPL open source license. Details regarding Safex Wallet’s current software can be found at our official GitHub repositories. As the software development is steered by a community, under open-source ethos, it’s accessible, usable, and shareable.

Content

Safex Wallet may encompass copyrighted material and trademarks. Unless otherwise explicitly stated, we exclusively retain ownership of the Content. Your use of Safex Wallet confers no right, title, or interest in the Content to you.

License to NFT Content

Safex Wallet may facilitate the storage of non-fungible tokens ("NFTs"). You assert that you have legitimate ownership or authorized access to the intellectual property rights affiliated with the content associated with the NFT ("NFT Content"), and hence, you can store NFTs on Safex Wallet.

Your Use of Safex Wallet

You agree and warrant that your use of our Services will fully comply with all applicable laws. You commit to abstain from utilizing our Services for funding, supporting, or taking part in any illegal activities including, but not limited to, prohibited trade, illegal gambling, fraud, money laundering, or terrorist activities.

Limitation of Liability & Disclaimer of Warranties

You acknowledge and accept that Safex Wallet cannot control, nor is obligated to act regarding potential failures, disruptions, mistakes, or delays in the processing of Digital Assets. You agree to hold us harmless and release us from all liability relating to any losses, damages, or claims resulting from user errors, server failure, or unauthorized access.

Limitation of Liability (Detailed)

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OR OUR AFFILIATES, BE LIABLE FOR ANY DIRECT DAMAGES OR INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES WHATSOEVER ARISING OUT OF YOUR ACCESS OR USE OF THE SERVICES. IN NO EVENT SHALL OUR LIABILITY TO YOU EXCEED THE AMOUNT OF ONE HUNDRED U.S. DOLLARS ($USD100.00) OR ITS EQUIVALENT IN THE LOCAL CURRENCY.

Warranty Disclaimer

SAFEX WALLET IS PROVIDED "AS IS" AND “AS AVAILABLE”, AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES AND UNDERLYING SOFTWARE.

Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless us, our affiliates, and our respective shareholders, from and against any and all claims, damages, obligations, losses, liabilities arising from your use of and access to the Services.

The Limitation on Claims

You agree that any claim you may have arising out of or related to your relationship with us must be filed within one year after such claim arises, otherwise, your claim is permanently barred.

Termination

In the event of termination concerning your license to use Safex Wallet, your obligations under this Agreement will still continue. Your access to the funds in your Wallet after termination will depend on your access to your backup of your Wallet address and private key.

Discount of Services

We may, in our sole discretion and without cost to you, modify or discontinue, temporarily or permanently, any portion of our Services. Safex Wallet shall not be held responsible or liable for any loss of Digital Assets in the event that we discontinue all or any part of the Services.

No Waiver

Our failure to exercise or delay in exercising any right, power, or privilege under this Agreement shall not operate as a waiver.

Severability

If it turns out that any part of this Agreement is invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary.

Governing Law, Waiver of Class Action & Agreement to Arbitrate

(i) Governing Law: These Terms are to be governed by, and interpreted in line with, the laws of USA.

(ii) Class Action Waiver: You and Safex Wallet agree that any Claim must be resolved by compulsory, final, and binding individual (not class) arbitration overseen by the USA International Arbitration Centre ("HKIAC").

(iii) Agreement to Arbitrate: The seat of arbitration is agreed to be Hong Kong. The language for the arbitration will be English.

Force Majeure

We shall not be held liable for any delays, failure in performance, or interruptions of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to: any delay or failure due to any acts of God, acts of civil or military authorities, acts of terrorism, or other catastrophe.

Assignment

You agree that we may assign any of our rights and/or transfer, sub-contract, or delegate any of our obligations under these Terms without any notice or consent from you. Your agreement to these Terms is personal to you and you may not transfer or assign it to any third party.

No Third Part Beneficiaries

You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to the Terms.

Entire Agreement

This Agreement sets forth the entire understanding and agreement as to the subject matter hereof and supersedes any and all prior discussions, agreements, and understandings of any kind and every nature between us.

Notices

Any notices or other communications provided by us under these Terms will be given by posting to the Services and/or through other electronic communication.

Questions or Comments

If you have any questions relating to these Terms, your rights and obligations arising from these Terms and/or your use of Safex Wallet and our Services or any other matter please send us a message on our contact page Chat.