Terms of Use | Atomex

General

Atomex is the software-maker that is developing and supporting the Atomex Desktop, Mobile and Web Wallet Applications (“Atomex Wallet”) that can be used to manage and interwork with various public blockchains. This Terms of Use is agreement (a contract) between Atomex and “You” (“Your”), a user of Atomex software. By creating or importing a Wallet, downloading or running any Atomex application, or visiting Atomex website, you acknowledge that you have read, understood, and agreed to these Terms. If you don`t agree with the Terms of Use, you can not use Atomex software at any purpose. Atomex reserves the right to modify these Terms at any time and in our sole discretion. In case of any changes, we will notify you about amendments in user Terms.

Application Functionality

Atomex Wallet is software that provides functionality that allows You to: generate or import Seed Phrase, blockchain addresses and encrypted private keys (“Wallet”) that You may use to send and receive various cryptographically secured tokens (“Cryptographic Currency”); store Your Wallets data encrypted on Your device, retrieve various blockchains data from explorers and nodes; submit Cryptographic Currency transfer instructions of Cryptographic Currency transaction data to blockchains networks, submit exchange orders to Atomex decentralized Exchange, generate and submit instructions to blockchains networks to perform atomic swap exchange operations via Atomex swap exchange protocol and interact with supported third-parties blockchain services.

Your Responsibilities

Atomex Wallet is a non-custodial blockchain wallet and a decentralized exchange client application product and Atomex is not collecting or storing Your account data (Your Seed Phrase, passwords) which means that You is authorized to take responsibility for certain actions, including:

securing Your Seed Phrase and Derived Key Password. Atomex never has access and cannot “restore” Your Seed Phrase or Derived key password. Make sure that You made Backup of Your Walet Seed Phrase and Derived Key Password and it is safe before overwriting or deleting Atomex software;
keeping Your Backup confidential and not sharing it with anyone else, including Atomex support. We will never ask You for Your Seed phrase or Your passwords;
ensuring that Your devices that You use Atomex Wallet on are free of viruses, malware, and other malicious software;
ensuring that Your devices that You use Atomex Wallet on could not be used by third parties for illegal purposes;
ensuring that all blockchain addresses of Your transactions are done with correct data;
obeying Your local laws and using Atomex Wallet in a lawful manner.

Eligibility

Prior to Your use of the Atomex Wallet and on an ongoing basis you represent, warrant, covenant and agree that:

You use Atomex Wallet at Your sole option, discretion and risk;
You are solely responsible for any applicable taxes which may be payable while using our product;
You are NOT in, under the control of, or a national or resident of any country where peer-to-peer cryptocurrency exchange operations including swaps and cryptocurrency trading are not allowed;
You are at least 18 years old or of other legal age, according to Your relevant jurisdiction;
there are risks, associated with Internet-based system, such as the failure of hardware, software, and Internet connections and with the Blockchain Protocols, such as any malfunction, unintended function, unexpected functioning of or attack on the Blockchain protocols, that Atomex shall not be responsible for;
You guarantee that Your crypto assets belong to You and they are not stolen, sold, encumbered, not in contention, or under seizure, and that neither exist any rights of third parties to your crypto assets;
You will not attempt to exchange via the Atomex decentralized Exchange any crypto assets, which are obtained from illegal gambling activities; fraud; money-laundering; terrorist activities; hacking or any other illegal activities;
You shall not use any code modifications, bugs of Atomex software, any third-party applications or any other techniques for constructing incorrect Exchange operations;
You shall not distribute any virus or other harmful computer code through Atomex Wallet or take any actions that may impose an unreasonable or disproportionately large load on Atomex Exchange or any third party providers` infrastructure.

Privacy

Atomex is intended to protect Your privacy. Your Seed Phrase and private keys are never transmitted or stored to Atomex but certain data from Atomex Wallet are, including logs, error codes, error descriptions and telemetry data. It is used to improve the application experience and solve technical issues. Atomex will never collect, store or share Your personal information to third parties.

Blockchain Risks

Cryptographic Currencies are associated with some apparent risks. The Atomex Wallet provide functionality that allows You to send Cryptographic Currency transactions to blockchains. But Atomex does not have access to Your transactions and has no control over the blockchains that You can interact with, and has no ability to cancel, modify or affect any transaction that You have caused to be transmitted to any blockchain network. Atomex Wallet does not guarantee that transactions You perform using the Atomex Wallet shall be stored in any Cryptographic Currency blockchain. Providing correct transaction data including fees, gas and e.g. is Your sole responsibility. You should take care to understand the details of the blockchains You choose to interact with. Atomex shall not be responsible for any losses You incur due to transaction fees or losses that occur due to incorrectly set transaction data.

Exchange operations

Atomex Wallet provides users with functionality allowing to perform peer-to-peer Cryptographic Currencies exchange operations at their own discretion, risk and responsibility.

Exchange functionality is provided through the cross-chain Atomic Swaps Protocol using Atomex Wallet open-sourced code base and Smart Contracts deployed in the blockchains network environments, which are both publicly available and may be changed, or complemented, or updated in Atomex sole discretion. Before using the Exchange functionality You declare that You are technically capable and prepared to verify and understand the principles of atomic swaps and the up-to-date Protocol implementation details.

Atomex is not a financial institution, investment company, broker, money transmission provider, money service business, payment service provider or a company similar to them. Atomex is not a buyer or seller in exchange operations made between users, and is also not a market maker. Its activity is not subject to financial regulation of any jurisdiction.

Atomex does not in any form guarantees the availability or the reliability of the Atomic Swaps Protocol and the Exchange and its functionalities. We would put all reasonable efforts to provide maximum uptime of the Exchange. As the blockchain technologies are still in development and may present undiscovered risks, users confirm and agree that Atomex is not liable for any type of damages including lost profits and losses related to down time of the Exchange, unreliability, closed access, maintenance time, Protocol and Smart Contracts vulnerabilities etc.

Exchange prices and Fees

The estimated amount which is presented to You in the Atomex Wallet prior making an exchange is not final. It can differ from the final amount due to market fluctuations, but Your Atomex Wallet guarantees that the actual price of the deal will not be worse than the final price in the exchange operation confirmation window, not including mining fees and rewards to other counterparties involved in the atomic swap completing process, in the cases specified below.

Atomex Exchange does not charge any exchange fees. Atomic Swap Protocol implemented in Your Atomex Wallet allows additional Fees to reward other peers for successfully completing Your swap, in cases Your Wallet does not have enough balances to submit all needed transactions to the blockchains. These Fees are in Your full control and responsibility and will not be charged if You have enough balances of both Cryptographic Currencies involved in the exchange operation.

Changes to the Exchange Pricing mechanism and Fees policy may be done in Atomex sole discretionuul and are effective as of the modification of the current Terms, and will apply prospectively to any following exchange operations.

Usage of Exchange functionalities

Users interact and unlock functionalities on the Exchange by connecting with compatible and supported Atomex Wallets. If You proceed to execute an exchange operation through the Atomex Exchange it is presumed that You acknowledge and agree that:

Atomex Exchange attempts to provide accurate price and exchange rate information, but this information is highly volatile and can change quickly without Users necessarily being aware of these changes;
Exchange operations below the Protocol minimum limits determined in the Atomex Wallet can not be completed;
the destination address of the purchased Cryptographic Currency is determined by Your Atomex Wallet or must be correctly specified by You;
Atomic Swaps may fail or take long time (several hours) to be completed which depends on the blockchain networks state and Your current Atomex Wallet configurations which shall be verified by You and be at Your responsibility;
exchange operations can be canceled due to price change or failure of the counterparty. Atomic Swaps may be interrupted and refunded due to Your Wallet or counterparty failure or connection loss
Your Atomex Wallet must be logged in and need to have stable Internet connection during the swap completing process. Atomex is not responsible for any losses caused by Your Wallet being shut down, logged out or not connected to the network;
assets refunds sent to failed Atomic Swaps may take more than 6 hours;
in case Your Wallet does not have enough balance of both Cryptographic Currencies involved in the exchange operation and uses the services of other peers to complete the swap for extra fee You takes additional risk that no peer will succeed, that Atomex shall not be responsible for;
Atomex may terminate or suspend all or part of the Exchange service for certain blockchain addresses without prior notice or liability;
Atomex is not acting as your broker, intermediary, agent or advisor or in any fiduciary capacity, and no communication or information provided to you by Atomex shall be considered or construed as advice;
it is your responsibility to determine what, if any, taxes apply to the changes you complete via the Exchange service, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that Atoomex is not responsible for determining whether taxes apply to Your exchanges or for collecting, reporting, withholding or remitting any taxes arising from any transactions.

Information accuracy

Atomex Wallet has its Atomex Exchange and also integrates third-party data sources that provide relevant data to users, including market prices, liquidity available on Atomex exchange for all pairs, quotes, blockchain approximate fees or any other type of data, which is outside Atomex control. Atomex shall not have any liability to You for incorrect data, that`s why You should verify any Atomex exchange or third-party data, transmitted through Atomex Wallet before acting on it.

License

Atomex Wallet was developed under a GPLv3 open source license. Information regarding Atomex Wallet`s current software can be found at https://github.com/atomex-me Since software development is free, it can be accessed, used, and shared, in modified or unmodified form, by anyone. Please be aware that GPL is a copyleft license, which means that any derivative works can only be distributed under the same license terms as the original software. If you have any questions, you should review GNU`s terms and conditions at https://www.gnu.org/licenses/gpl-3.0.en.html. Atomex may include other open-source software that are separately licensed and the license in this agreement does not cover the third-party open-source software that is provided by Atomex.

No Warranty

Atomex Services is provided to You for free, and on an "AS IS", without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement.

Atomex makes no guarantees that its software will always be safe, secure, or error-free, or that it will function without disruptions, delays, or imperfections. You acknowledge that Atomex has no control over, and no duty to take any action regarding: which users gain access to or use the Wallet and Web Site; how this may affect on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. Atomex makes no representations concerning any Content contained in or accessed through the Wallet or Web Site, and Atomex will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained.

You also acknowledge that Atomex is not responsible for transferring, safeguarding, or maintaining your private keys or any Cryptographic Currency it provides access to. If you lose, mishandle or have stolen associated Cryptographic Currency private keys, you acknowledge that you may not be able to recover associated Cryptographic Currency, and that Atomex is not responsible for such loss, and Atomex is not responsible for any loss, damage or liability arising from your failure to comply with the current Terms.

Suspension

Atomex software contains elements that rely on backend infrastructure run by Atomex (and possibly other parties) that may be turned off temporarily or permanently without any notifications due to stop unlawful conduct or if it is deemed necessary to do so at the Atomex`s sole discretion. Some or all of the Atomex service may not be available in all locations worldwide due to Local Laws, geodata block or other measures taken by Atomex to ensure compliance with laws or to improve the quality of service.

Third-Parties

Atomex provides services that You have the option of using which may involve third-party services that are owned and run by organizations (or companies) not related to Atomex. There may be additional terms or rules applicable to third-party services, and Atomex shall not be liable for any issues, actions, or negative consequences that arise as a result of Your use of third-party services.

Atomex retain the exclusive right to add to, modify, or cancel the availability of any Third-Party Service in Atomex sole discretion.

Notwithstanding of the foregoing, if You make use of third-party services that enable Cryptographic Currency transfers or financial transfers then You may be at risk due to malfunctions or other issues with third-party services, for which we are not and cannot be responsible in any case.

Support

Atomex offers free technical support to all users of Atomex software but this support is offered to You without any warranty of any kind of issues and shall be at Your sole risk. Atomex may choose to refuse free technical support for You at any time and may choose to discontinue providing You with technical support at any time. You shall at all times act respectfully to Atomex staff and must make sure that Your Seed Phrase, private keys, or any other confidential information are stored safely and shall not be disclosed, accidently or by any purpose.

Limitation on liability

You acknowledge and agree that You assume full responsibility for Your use of the software.
You acknowledge and agree that any information You send or receive during Your use of the software may not be secure and may be intercepted or later acquired by unauthorized parties.
You acknowledge and agree that Your use of the software is at Your own risk. Accordingly, You understand and agree that, to the fullest extent permitted by applicable law, Atomex will not be liable to You for any direct, indirect, special, consequential, exemplary, incidental, or other damages of any kind, including damages for loss of profits or goodwill
You acknowledge that Atomex is not liable the for losses of use or the inability to use the software; unauthorized access to Your account by third persons; human mistakes; technical malfunctions and failures, including public utility or network connection issues, interruptions, latency, packet losses, deletions or any other defects of any device or network, providers, or software;
Atomex is not liable of any injury or damage to computer equipment; inability to fully access the software or any other website; the data delayed or provided incorrectly or is incomplete or lost; theft, tampering, destruction, or unauthorized access to any content of any kind; or any other matter relating to the software.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Terms of Use must be filed within one (1) month, otherwise such claim or cause of action arose must be refused or forever barred.

Non-Waiver

No action or inaction on the part of Atomex (except legal actions) shall be considered a waiver, of refusal, or exemption, of any right or obligation by Atomex.

Amendment

This agreement may be changed, or complemented, or updated in Atomex sole discretion by providing You with 15 days notice. If You do not agreed to an amendment of this agreement then Your only way to protect Your rights is to discontinue using Atomex software. You may not amend this agreement.

Entire Agreement

This agreement is the entire agreement between the parties and fully supersedes any other representations or agreements between the parties. Moreover, the parties have entered into this agreement without relying on any representations or warranties made outside of this agreement.