Latest Update: 13 July 2021
Dear User,
Thank you for choosing OneGate. This OneGate Terms of Service (“Agreement”) is made between you (“You”, “Your” or “User” in this agreement) and OneGate(“Company”in this agreement, a company incorporated in Singapore, and is legally binding between you and Company. In this Agreement (a) “we” and “us” refer to the Company and“our”shall be construed accordingly; and (b) “you” refers to User and “your” shall be construed accordingly. Each of you and the Company shall hereinafter be referred to as a “Party”, and collectively, you and the Company shall hereinafter be referred to as the “Parties”.
Company hereby reminds you that you must carefully read the full content of this Agreement and other documents mentioned in this Agreement before using or accessing any “OneGate” service, including our website, mobile application, or any other related service (“OneGate”, “Service” or “App” in this agreement). In particular, you must carefully read the section of “Disclaimer and Limitation of Liability” and other sections displayed in this Agreement. You must make sure that you fully understand the whole Agreement and evaluate the risks of using OneGate on your own.
1. Confirmation and Acceptance of this Agreement
1.1. You understand that this Agreement and other relevant documents apply to OneGate but excluding decentralized applications (“dapps”) developed by any third parties.
1.2. If you use or access OneGate, you are deemed as having read and accepted this Agreement, which shall cause this Agreement to become effective and legally binding on both you and Company immediately. IF YOU DO NOT AGREE TO THE TERMS IN THIS AGREEMENT, YOU SHALL CEASE USAGE OR ACCESS OF OneGate IMMEDIATELY AND IF YOU HAVE DOWNLOADED OneGate, PROCEED TO DELETE OneGate IMMEDIATELY.
1.3. You guarantee that in the jurisdiction to which you are subject, you are of legal age to use OneGate and to create binding legal and financial obligations for any liability you may incur as a result of the use of OneGate.
1.4. Company may, at its sole discretion, modify or replace this Agreement at any time. The modified Agreement will automatically take effect once it is posted on OneGate and you will not be notified separately. If you do not agree with the modifications, you shall cease to use OneGate immediately. Use of OneGate by you after any modification to this Agreement constitutes your acceptance of this Agreement as modified.
2. Definition
2.1. OneGate: means the self-sovereign identity system developed by Company implemented on public blockchains.
2.2. Account: means the wallet account you created for use in relation to any services provided by OneGate.
2.3. Account Password: means the password determined by you when you create the account of OneGate. The account password will be used to encrypt, protect, control the authorization of your different kinds of operation request. OneGate, as a decentralized application, will not store your account password on our servers, nor will your account password be stored in your own mobile devices.
2.4 Private Key Backup: when you create or use a OneGate account, you can save the encrypted private key to a storage space of your choice. When you use the OneGate wallet service through a new device, you can reuse the wallet service by securely verifying/importing the backup encrypted private key.
2.5. Wallet: means the address of blockchain wallet which is created by you and implemented on the relevant public blockchain.
2.6. Asset: means the tokens which are supported by OneGate currently, including but not limited to NEO, GAS, BTC and ETH.
2.7. Smart contract: means the type of smart contract operating on multiple public blockchains and transmitting, verifying and executing contracts via digital means.
3. OneGate Services (collectively, the “Services”)
3.1. Create account. You may create your account of OneGate subject to terms of this Agreement when you use OneGate for the first time.
3.2. Synchronize account. You may synchronize your account of OneGate from one mobile device which is already signed-in OneGate to another. After that you may use the same account on both of your mobile devices.
3.3. Receive and transfer tokens. You may use the receipt and transfer functionalities of OneGate. Such “transfer” of tokens involves a validated record of such transaction on the distributed ledger of the relevant the blockchain system.
3.4. Manage assets. You can search, add or remove digital tokens supported by OneGate or choose any token not to be displayed on the home page of wallet.
3.5. Search, browse, login or use dapps. You may use OneGate to search, browse, login or use the services provided by dapps integrated on OneGate.
3.6. View transaction records. We will copy all or part of your transaction records from the blockchain system. However, you shall refer to the blockchain system for the latest transaction records.
3.7. Other services that Company would like to provide.
4. Users who use OneGate Services acknowledges and accepts that:
4.1. In order to keep the decentralization feature of blockchain and to protect the security of your digital tokens, Company offers decentralized service which is largely different from the banking and financial institutions. User acknowledges and accepts that the Company SHALL NOT have any responsibility to:
4.1.1. Store or copy your account password, private key or recovery phrase ;
4.1.2. Guarantee that you can recover your account when you lose your account password, private key or recovery phrase; or
4.1.3. Rollback transactions.
4.2. You shall bear sole responsibility to take care of or double back up your private key, recovery phrase or any account password. Company shall not guarantee that you can recover your account if you lose your private key, recovery phrase or any account password. The Company may not be able to cancel transactions for the mishandling of Users (such as typing in wrong addresses for transactions, wrong amounts to be exchanged) and the Company shall not be responsible in any way in respect of the same.
4.3. OneGate does not support all existing tokens. Make sure that the tokens you intend to receive or transfer are supported by OneGate before receiving or transferring the tokens.
4.4. OneGate may provide blockchain search, browser, login or use functions for those third-party-developed dapps integrated into OneGate, and thus OneGate does not offer any guarantee for security, functions or service qualities of those third-party-developed dapps. Users shall, at their own discretion and risk, decide whether there would be any risks to accept the services provided by or to conduct operations on the third-party-developed dapps.
4.5. OneGate only provides Users with tools for the use of third-party smart contracts, and does not provide any guarantee for the functionality or quality of service of third-party smart contracts. Before accepting the service or conducting the transaction on the third-party smart contract, the User shall judge and evaluate whether the service or transaction provided by the third-party smart contract is at risk. Users should carefully read and follow the constantly updated terms of service for the relevant smart contract.
5. Your Rights and Obligations
5.1. Create the account of OneGate
5.1.1. Create account: You are entitled to use OneGate on your mobile device to create account, set account password and use your account of OneGate to receive and transfer tokens on blockchain.
5.1.2. Company may develop different versions of OneGate for different terminal devices. You shall download and install applicable version. If you download and install OneGate or other application with the same name as “OneGate” from any unauthorized third party, Company cannot guarantee the normal operation or security of such application. Any loss caused by using such application shall be borne solely by you.
5.1.3. A previous version of OneGate may stop to operate after a new version is released. Company cannot guarantee the security, continuous operation or customer services for the previous version. Users shall download and use the latest version.
5.2. Use of OneGate
5.2.1. You shall bear sole responsibility to take care of or double back up your private key, recovery phrase or any account password. Company does not store or hold the private key, recovery phrase or any account password for Users. You shall be solely responsible for any risks, liabilities, losses and expenses which result from losing your private key or any account password.
5.2.2. You understand that OneGate undertakes no responsibility to conduct due diligence on the services or transactions provided by third-party-developed dapps or smart contracts. You shall assess carefully and assume all risks in connection with the use of OneGate.
5.2.3. Provision of information and documents. To the extent that the Company determines, in its sole discretion, that it is necessary to obtain certain information about User in order to comply with any applicable law or regulation in connection with the use or operation of OneGate, User shall provide Company with such information promptly upon such request, and acknowledges and accepts that Company may restrict, suspend or terminate your use of OneGate until such requested information has been provided to the satisfaction of Company.
5.2.4. User agrees Company may store User information on servers in any location as the Company deems appropriate.
5.2.5. User undertakes to promptly notify Company of any change in the documents and information provided by User to Company pursuant to this Agreement and in the absence of any notification in writing notifying of any change, Company is entitled to assume that the documents and information provided by User remain true, correct, not misleading and unchanged.
5.2.6. Complete the identification verification. If OneGate reasonably deems your operation or transactions to be abnormal, or considers your identification to be suspicious, or OneGate considers it necessary to verify your identification documents or other necessary documents, you shall cooperate with OneGate and provide your valid identification documents or other necessary documents and complete the identification verification in time.
5.2.7. Transfer of tokens
1) You understand that you may be subject to daily limits on the amount and times of transfers according to your location, regulatory requirements, transferring purposes, risk control by OneGate, or identification verification, etc..
2) You understand that blockchain operations are “irrevocable”. When you use OneGate to transfer tokens, you shall be solely responsible for the consequences of your mishandling of the transfer, including but not limited to wrong address, problems of the node servers selected by you.
3) You understand that the following reasons may result in failure of transfer, including without limitation:
a) insufficient balance in wallet;
b) insufficient balance in network credits or miner fees;
c) inexistence of receiver’s address;
d) incorrect account password;
e) frozen status of account;
f) unavailable status of account;
g) blockchain’s failure to execute the code of smart contracts;
h) the transfer amount exceeding the transfer limits imposed by authorities, OneGate or laws or regulations;
i) technical failure of the network or equipment;
j) abandoned transactions result from blockchain network congestion or failure;
k) the wallet address of yours or your counterparty’s is identified as special addresses, such as high-risk address.
4) You understand that OneGate is only a tool for receiving or transfer of tokens. Company shall be deemed to have fulfilled its obligations once you have completed the transfer and shall not be held liable for any dispute in relation thereto.
5.2.8. Compliance. You understand that you shall abide by applicable laws, regulations and policies when you use OneGate or the dapps or the smart contracts on OneGate.
5.2.9. Notifications. OneGate may send notifications to you by web announcements, notification of system or user-end push notifications (e.g., information about your security of account or suggestions on certain operations) which you shall be aware of timely.
5.2.10. Service fees and taxes (if applicable). You shall bear all the applicable taxes and other fees or expenses occurred in relation to your transactions on OneGate. Failing to settle the payment of any applicable fees will prevent you from further using OneGate, notwithstanding any other remedies available to us under the applicable law. In such a case, we may terminate your OneGate account and your use of its features.
6. Risks
6.1. You understand and acknowledge that the blockchain technology is a field of innovation where the laws and regulations are not fully established. You may be faced with material risks including instability of technology or failure for fiat-token exchange. You also understand that tokens have much higher volatility comparing to other financial assets. You shall hold or dispose of the tokens in a reasonable way and corresponding to your financial status and risk preferences.
6.2. If you or your counterparty fails to comply with this Agreement or fails to follow the instructions, tips or rules of OneGate, the Company does not guarantee successful transfer of the tokens and the Company shall not be held liable for any of the consequences of such failure. If you or your counterparty has already received the payment in OneGate wallet or third-party wallet, you understand that transactions on blockchain are irreversible and irrevocable. You and your counterparty shall assume the liabilities and consequences of your transactions.
6.3. When you use third-party-developed dapps and smart contracts integrated in OneGate, Company strongly suggest you read the terms of service, privacy policy, and other relevant documents and information of such third-party-developed dapps and smart contracts carefully, get familiar with the counterparty and the product information and evaluate the risks before you make transactions on such dapps or smart contracts. You understand that such transactions and corresponding contractual relationship are between you and your counterparty, instead of the Company. The Company shall not be held liable for any risks, responsibilities, losses or expenses occurred due to such transactions.
6.4. When you transfer your tokens directly to another wallet address, it is your sole responsibility to make sure that your counterparty is a person with full capacity for civil acts in the jurisdiction to which him/her is subject and decide whether you shall transact with him/her.
6.5. You understand that Company will not store your private key, recovery phrase or account password on our servers after you create account of OneGate. You may change another mobile device to use OneGate by synchronizing or importing your account. However, if you have not saved or backed up your private key, recovery phrase and some other person take over your account by your private key, recovery phrase and account password before the request of replacing your private key recovery phrase, you may lose your tokens and Company will not be able to recover them. Any and all losses arising in connection with the foregoing shall be borne solely by you.
6.6. We suggest you double back up your private key, recovery phrase or any account password when you create your account. We warn you not to use electronic methods such as screenshots, photo-taking, video-shoot, e-mails, note-taking apps in cell phones, text messages, WeChat or QQ to back up your private key, recovery phrase or any account password, nor to tell anyone including your relatives. We suggest you write it down on two papers and keep them separately in two different safe places.
6.7. In order to avoid potential security risks, we suggest you use OneGate in a secured network environment. Please do not use a jailbreak or rooted mobile device.
6.8. Please be alert to frauds when you use OneGate. If you find any suspicious activity, we encourage you to inform us immediately.
7. Change, Suspension, Termination of Company Service
7.1. You acknowledge and accept that Company may, at its sole discretion, provide only a part of the Services for the time being, suspend certain Services or provide new Services in the future. When we change our Services, your continuous use of OneGate is deemed as your acceptance of this Agreement and revisions of this Agreement.
7.2. You understand that Company may suspend the Services under the following circumstances (or may completely terminate the Services in connection with any of the following circumstances):
7.2.1. maintenance, upgrading, failure of equipment and blockchain system and the interruption of communications etc., which lead to the suspension of the operation of OneGate;
7.2.2. force major events including but not limited to typhoon, earthquake, tsunami, flood, power outage, war, or terrorist attacks, or computer viruses, Trojan-horse, hacker attacks, system instability or government behaviors and other reasons, which result in the Company’s inability to provide Services or if in Company’s reasonable opinion, continuous provision of Services would result in significant risks;
7.2.3. material adverse change of applicable laws or policies;
7.2.4. any other event(s) which Company cannot control or reasonably predict.
7.3. Company reserves the right to unilaterally suspend or terminate all or part of the Services or any function of OneGate under the following circumstances:
7.3.1. if you steal others’ accounts information or mobile devices;
7.3.2. if you refuse to allow mandatory update of OneGate;
7.3.3. if you use OneGate to commit illegal or criminal activities;
7.3.4. if you hinder the normal use of OneGate by other Users;
7.3.5. if you pretend to be staff or management personnel of Company;
7.3.6. if you threaten the normal operation of Company computer system by attack, invasion, alternation or any other means;
7.3.7. if you use OneGate to send spam;
7.3.8. if you spread rumors which endanger the goodwill of Company and OneGate;
7.3.9. if you conduct any illegal activities, breach this Agreement etc. or other circumstances under which Company reasonably considers necessary to suspend Services.
7.4. You are entitled to export your wallets within a reasonable amount of time if Company changes, suspends or terminates its Services.
8. Your Representations and Warranties
8.1. You shall comply with all applicable laws and regulations. You shall not use OneGate for any unlawful purposes or by any unlawful means.
8.2. You shall not use OneGate to conduct any illegal or unlawful activities, including but not limited to:
8.2.1. activities endangering national security of the country or area you reside in, disclosing state secrets, overturning the government or undermining national unity;
8.2.2. any illegal conducts, such as money laundering, illegal fund raising etc.;
8.2.3. accessing Company services, collecting or processing the content provided by Company, intervening or attempting to intervene any Users, by the employment of any automated programs, software, network engines, web crawlers, web analytics tools, data mining tools or similar tools etc.;
8.2.4. providing legal currency gambling information or inducing others to participate in legal currency gambling in any way;
8.2.5. invading into others’ OneGate accounts to steal tokens;
8.2.6. engaging in any inaccurate or false transactions with the counterparty;
8.2.7. committing any activities which harms or attempts to harm OneGate service system and data;
8.2.8. other activities which Company has reason to believe are inappropriate.
8.3. You understand and accept that you shall be responsible for any violation of law (including but not limited to the customs and/or tax regulations) or for breach of this Agreement by you. To the maximum extent permitted by law, you shall indemnify Company, our officers, directors, shareholders, employees, sub-contractors, agents and affiliates against the losses, the third-party claims or administrative penalties against it incurred by such violation or breach, including reasonable attorney’s fees.
8.4. You confirm that you will pay the service fees charged by Company in time (if applicable). Company reserves the right to suspend the services when the User fails to pay service fees (if applicable).
9. Privacy Policy
9.1. Any personal data or information which you provide to us is also subject to our privacy policy (“OneGate Privacy Policy”), which is incorporated by reference into this Agreement.
10. Disclaimer and Limitation of Liability
10.1. Company only undertakes obligations expressly set forth in this Agreement.
10.2. YOU ACKNOWLEDGE AND ACCEPT THAT, TO THE MAXIMUM EXTENT PERMITTED BY ANY APPLICABLE LAW, ONEGATE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. WE AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS AND AFFILIATES DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ONEGATE, ITS CONTENT, THE FEES, INCLUDING, WITHOUT LIMTATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTUCILAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY, ACCURACY, ENHANCED GOODWILL OR EXPECTED BENEFITS. We shall not be held liable for malfunction of OneGate which results from any of the following reasons:
10.2.1. system maintenance or upgrading of OneGate;
10.2.2. force major, such as typhoon, earthquake, flood, lightning or terrorist attack etc.;
10.2.3. malfunction of your mobile device hardware and software, and failure of telecommunication lines and power supply lines;
10.2.4. your improper, unauthorized or unrecognized use of the Services;
10.2.5. using a rooted or jailbreak mobile device, computer viruses, Trojan-horse, malicious program attacks, network congestion, system instability, system or equipment failure, telecommunication failure, power failure, banking issues, government acts etc.;
10.2.6. any other reasons not imputed to Company.
10.3. Company shall not be held liable due to any of the following circumstances:
10.3.1. you losing your private key, recovery phrase or any account password without back-up, which result in the loss of such User’s tokens;
10.3.2. you downloading OneGate applications through unofficial channels, or using OneGate applications by other insecure means, which result in the loss of your tokens;
10.3.3. you mishandling OneGate, including but not limited to wrong address or amount of transfer, which result in the loss of tokens;
10.3.4. you being unfamiliar with the lack of knowledge in relation to blockchain technology and your mishandling of OneGate resulting in loss of your tokens;
10.3.5. OneGate being unable to copy accurate transaction records due to system delay or blockchain instability etc.;
10.3.6. Third parties taking illegal means to break through the company's security measures to steal user accounts and digital currency;
10.3.7. any other reasons not imputed to Company.
10.4. You shall undertake the risks and consequences arising or in connection with your transactions on the third-party-developed dapps or smart contracts.
10.5. You understand that OneGate is only a management tool for tokens which is incapable to control the quality, security and legitimacy of products and services provided by the third-party-developed dapps or smart contracts, or the authenticity and accuracy of their information and their capabilities to fulfill the obligations under the agreements with you. You, at your sole discretion, decide whether to transact on the third-party-developed dapps or smart contracts. You understand that such transactions and corresponding contractual relationship are between you and your counterparty, instead of the Company. We kindly remind you to carefully review the authenticity, legitimacy, and effectiveness of related information provided by the third-party-developed dapps and smart contracts before you decide to use the dapps or the smart contracts. In addition, you shall also assume all the risks arising from the transactions between you and any third-party exchanges.
10.6. You acknowledge that OneGate may provide services to you and your counterparty simultaneously or may have affiliation or other interest relationship with foregoing parties, and you agree to waive any actual or potential conflicts of interests and will not claim against Company on such base or burden Company with more responsibilities or duty of care.
10.7. Company does not warrant that:
10.7.1. services provided by Company would satisfy all your needs;
10.7.2. all techniques, products, services, information or other materials from Company would meet your expectations;
10.7.3. your counterparties on OneGate will perform their obligations in the transaction agreements with you timely.
10.8. In any case, the total liability for Company under this Agreement shall not exceed the greater of: the market value of 0.1 ETH or ￥500 RMB.
10.9. You are aware that OneGate is only a tool for Users to manage their tokens. Company does not provide legal, tax or investment advice. You shall seek advice from professional legal, tax, and investment advisors. In addition, Company shall not be liable for any investment loss, data loss etc. during your use of our service.
10.10. You understand that we may change our entry standards, limit the range and ways to provide services for specific Users etc. at any time in accordance with applicable laws and regulations.
11. Miscellaneous
11.1. No Assignment. Subject to this Agreement, only you and no other person shall have the right to any claim against us in connection with use of the Services. You shall not assign, trade or transfer, or attempt to assign, trade or transfer, your right to any such claim. Any such assignment or transfer shall be void and shall not impose any obligation or liability on or against us to the assignee or transferee.
11.2. Intellectual Property Rights. OneGate is an application developed and owned by Company. All rights, title and interests in relation to OneGate or any contents displayed in OneGate (including without limmitation, patents, copyrights, this Agreement, announcements, articles, videos, audios, images, archives, information, materials, trademarks or logos) are exclusively owned by Company and its third-party licensors. Users can only use the OneGate and its contents for the purpose of holding and managing their tokens. In particular, without prior written consent from the Company or the third-party licensors, no one shall use, modify, decompile, reproduce, publicly disseminate, alter, distribute, issue or publicly publish the abovementioned applications and contents. This Agreement shall not entitle you to copy, reverse engineer, modify, create derivative works or otherwise use for any purpose the intellectual property rights in connection with us or the Services.
11.3. No Waiver. Any failure by us to enforce this Agreement or to assert any right(s), claim(s) or causes of action against you under this Agreement shall not be construed as a waiver of our right to assert any right(s), claim(s) or causes of action against you.
11.4. Entire Agreement
11.4.1. This Agreement includes this OneGate Terms of Service, OneGate Privacy Policy and other rules posted by Company from time to time.
11.4.2. Save for OneGate Terms of Service, OneGate Privacy Policy and other rules posted by Company from time to time which are incorporated in this Agreement, this Agreement contains the entire agreement and the understanding between us and supersedes all prior agreements, understandings or arrangements (both oral and written) in relation to the use of OneGate and the services in connection thereto.
11.5. Taxes
11.5.1. The use of Services shall be exclusive of all taxes that are applicable to, arising from, or in connection to your use of the Services in any jurisdiction (“Payable Tax”).
11.5.2. You shall be responsible for determining any Payable Tax and declaring, withholding, collecting, reporting and remitting the correct amount of Payable Tax to the appropriate tax authorities. You shall be solely liable for all penalties, claims, fines, punishments, or other liabilities arising from the non-fulfilment or non-performance to any extent of any of your obligations in relation to the Payable Tax.
11.5.3. We shall not be responsible for determining any Payable Tax and declaring, withholding, collecting, reporting and remitting the correct amount of Payable Tax to the appropriate tax authorities.
11.6. Governing Law and Dispute Resolution
11.6.1. This Agreement shall be governed by and construed in accordance with the laws of Singapore.
11.6.2. In the event of any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, the Parties shall first seek settlement of that dispute. If the Parties cannot reach an agreement, either Party may sue the other Party at the competent court where the Company is located.
11.7. Severance and Partial Invalidity
11.7.1. If any of part of this Agreement is rendered void, illegal or unenforceable by any legislation to which it is subject, it shall be rendered void, illegal or unenforceable to that extent and no further and, for the avoidance of doubt, the rest of this Agreement shall continue to be valid and in full force and effect.
11.7.2. The illegality, invalidity or unenforceability of any provision of this Agreement under the law of any jurisdiction shall not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of any other provision.
11.8. Translated versions of this Agreement: Translated versions of this Agreement (if any) are provided for the convenience of Users, and are not intended to revise the English version of this Agreement. If there is any discrepancy between the English version and non-English version of this Agreement, the English version shall prevail.
11.9 TERMINATION
11.9.1 Upon termination of this Agreement or your account, your right to use OneGate is terminated and you must immediately cease using OneGate.
11.9.2 Terminating by OneGate. We may at any time discontinue or terminate the operation of OneGate, or any part thereof, temporarily or permanently, for all users, or for certain users, without any liability to you. If we do so on our own accord and not as a result of your violation of this Agreement, we will notify you in advance before such termination.