Terms and Conditions

INTRODUCTION

1.1 The Teroxx Wallet App Services is a product and/or service and/or payment instrument are provided to you by Teroxx Worldwide UAB, c/o WorkLand Lithuania Didžioji UAB, Didžioji g. 18, 01128 Vilnius, Lithuania (together with its affiliates) (referred to as “we”, “us” or “Company”).

1.2 These Terms of Use (“Terms of Use” or “TOS”) along with the privacy notice and any attached annexes or product plans (collectively “Appendix”) apply to your (referred to as “you” or “user”) use of the Teroxx Wallet App Services. Please take the time to read and understand these Terms of Use before using these services and/or products so that you are aware of your legal rights and obligations regarding thr registration, access and enrolment of the Teroxx Wallet App, the payment transactions entered into and executed via the Teroxx Wallet App and the use and operation of the Teroxx Wallet App. In the event of a conflict between these conditions and any Annex, the relevant Annex shall prevail.

1.3 By using the Teroxx Wallet App and/or completing the registration process, you enter into a binding contract with us and you are deemed to have expressly read, understood and bound by these Terms and Conditions.

1.3A. These Terms of Use contain the provisions of the following conditions and policies as if they had been fully adapted here: (i) our Privacy Policy and (ii) our Cookie Policy, which you can access through the cookie consent banner on our website.

1.3B. The Terms of Use will show the most recent revision date. Any revision on this Terms and Conditions will not affect any Transaction that is outstanding as from the date of such review. By using the Teroxx Wallet App Services we will be deemed that you have agreed to these Terms of Use.

1.4 Definitions. In these terms:

“ABLOXX token” means the tokens purchased by the user and the distribution thereof. The ABLOXX token is final and non-refundable.

“Applicable law” means any law, regulation, law, subordinate legislation, protocol, code, contract, policy, communication, instruction or judicial, arbitration or administrative decision, award, decree, directive or other requirement or directive, published or in force at any time and applicable to any person (including all parties to these Terms), asset, transaction, activity, event or other provision or otherwise intended, including regulations, orders, judgments, guidelines or other requirements or guidelines issued by any governmental or regulatory authority that is binding upon or applicable to such Person;

“Related undertaking’ means an undertaking which directly or indirectly exercises control over, is controlled by or is under the direct or indirect joint control of another undertaking;

“Load Bank Transfer” has the meaning given in Section 7.1A (a);

“Wallet for Bank Transfers” means one of the wallets in the Teroxx Wallet App where the funds are topped up by bank transfer in accordance with Section 7.1A.

“Business Day(s)” means any day other than Saturdays, Sundays or statutory holidays on which banking institutions are open for normal business activities in the jurisdiction in which the transaction or business activity is affected pursuant to these T&Cs.

“Teroxx Wallet App” or “Wallet App” means mobile application software developed, released and available for download by Teroxx Worldwide UAB for Android or Apple iOS, including all content and services provided on or through such content and services, all updates, upgrades, additions, releases and versions thereof;

“Teroxx Wallet App Services” or “Services” refer to the Site, the Teroxx Wallet App, the Service Content and any related functions, services, content and applications (including those described in Section 2.1) that Teroxx Worldwide UAB may provide in relation to your stored digital asset;

“Digital asset” means any type of cryptographic token, digital currency, cryptographic currency or virtual currency or digital asset that does not fall within the classification of a financial instrument under the laws on virtual financial assets.

“Digital Asset Conversion” has the meaning attributed to the term in Section 2.1 (c).

“Digital Asset Transfer” has the meaning assigned to the term in Section 2.1 (d).

“Digital Asset Wallet” has the meaning attributed to the term in Section 2.1 (a).

“Activated Device” means the mobile or other device successfully registered by you for use in connection with the Teroxx Wallet App and the Teroxx Wallet App Services.

“Fees” are all fees charged by us for the use of the Teroxx Wallet App Services and/or the Digital Asset Wallet.

“Conversion from Fiat to DA” has the meaning attributed to the term in Section 2.1 (c);

“Force Majeure Event” means any event or failure over which we have no control, including (i) Force Majeure, Nature, Court or Government; (ii) failure or interruption in public or private telecommunications networks, communication channels or information systems; (iii) acts or omissions of any party for which we are not responsible; (iv) delay, failure or interruption or unavailability of third party services and websites; (v) strikes, lockouts, industrial disputes, wars, acts of terrorism and civil commotion; (vi) viruses, malware, other malicious computer codes or hacking of any portion of the Teroxx Wallet App Services;

“Fork” has the meaning given in Section 9A.1.

“Fork Network” has the meaning given in Section 9A.1.

“Instructions” means any information, instructions, communications, orders or messages (including those relating to payments, transfers or other transactions) that apply to you.

“Payment service provider” has the meaning set out in point 7.1A (b);

“Authorized bank” has the meaning given in Section 7.1A (a);

“Personal data” means, according to article 4 (1) of the GDPR, any information relating to an identified or identifiable natural person. An identifiable natural person is a person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors relating to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;

“Service Content” means data, information, materials, advertising, text, audio, video, graphics, software and other content on the Site and the Teroxx Wallet App.

“Stored digital asset” has the meaning attributed to the term in Section 2.1 (a);

“Taxes” means any taxes, duties or charges that must be levied, paid or withheld in connection with your use of the Services in accordance with applicable law.

“Conditions” or “GTC” means these conditions including all annexes;

“Trade marks’ have the meaning attributed to the term in Section 11.1 (a);

“Transaction History” means your transaction history and details of your Digital Asset Wallet.

“Unsupported Forked Network” has the meaning given in Section 9A.2.

“Virtual digital asset’ has the meaning given in Section 9.1.

“We, Us or Ours” means Teroxx Wallet App Services;

“You” jointly and severally means the person(s)/legal entity who/which is/are the user(s) of the Teroxx Wallet App Services.

THE SERVICES

2.1 The Teroxx Wallet App Services comprise the following Services:

Teroxx Worldwide UAB Hosted Digital Asset Wallet, which allows you to store the types of digital assets permitted by Teroxx Worldwide UAB for storage in the Digital Asset Wallet. A list of these is available in the Teroxx Wallet App. The provider reserves the right to add or limit the scope of services at any time.
a Fiat Currency Conversion Service which enables you to convert Fiat Currencies into any type of stored Digital Asset to be stored in your Digital Asset Wallet (“Fiat to DA Conversion”);
a digital asset conversion service that allows you to convert stored digital assets into other stored digital assets (“digital asset conversion”); and
a Digital Asset Transfer Service that allows you to transfer stored Digital Assets to another recipient, such as another Teroxx Wallet App user’s Digital Asset Wallet or to an external recipient (“Transfer of Digital Assets”);
Incentive programs (including but not limited to reward, cashback, digital asset staking or referral programs) that can be launched through the Teroxx Wallet App or the Website;
other products or services listed in the Annexes.

2.2 We reserve the right to and without liability towards you:

update, change, remove, cancel, suspend, deactivate or restrict access to the Teroxx Wallet App Services or change any functions, components or content thereof;
refuse, suspend, cancel, reverse, invalidate or partially execute any instruction to convert Fiat into DA, to convert Digital Assets or to transfer Digital Assets; or
reverse, cancel or refuse any payout to an Incentive Program regardless of your claim;

2.3 We reserve the right to suspend, block, close, restrict or terminate your access to some or all of our services and to deactivate your account, including but not limited to your account:

if we are required to do so in our opinion or by applicable law or by a court or other judicial authority for which we are competent;
on reasonable suspicion that you may be in breach of these Terms or otherwise attempting to circumvent these Terms by, for example, opening multiple accounts or misusing any of our incentive systems;
where there are reasonable grounds to suspect that a transaction is defective;
on reasonable suspicion that your account has been compromised or that the Services are being used in a fraudulent or unauthorized manner;
where there are reasonable grounds for suspecting or suspecting money laundering, terrorist financing, fraud or other financial offences; or
if you fail and/or deny and/or neglect the Company’s request for identity verification and general due diligence verification; or
subject any of your wallets or you to any pending litigation or investigation.

2.4 In the event that we suspend, block, close, restrict or terminate your access to our Services in accordance with the provisions of this Section 2, we will (unless it is unlawful for us to do so) give you reasonable notice of such termination. Suspensions from the use of our services will only be revoked if the reasons for the refusal no longer exist. We are not obliged to carry out suspended, cancelled or terminated transactions at the same price or under the same conditions.

2.5 Clause 2.2 above may be applied to all Users or a particular group or individual User. We cannot guarantee that certain content, components and/or functions will always be available in the Teroxx Wallet App Services.

RISKS ASSOCIATED WITH THE USE OF DIGITAL ASSETS

3.1 Please note that all transactions involving digital assets involve certain risks. In this respect, once such a transaction has been transmitted to a Blockchain Network, it will be unconfirmed for a period of time until sufficient confirmation of the transaction by the Blockchain Network has been received. A transaction is not completed in an outstanding state. Virtual digital assets that are in a pending state are flagged accordingly, and the corresponding stored digital asset is not included in your digital asset wallet and is not available for transactions.

3.2 The risk of loss of digital assets can be significant. You should therefore carefully consider whether holding digital assets is appropriate for you in view of your financial situation. When considering whether you want to hold digital assets, you should be aware that the price or value of digital assets can change rapidly, decrease, and possibly even drop to zero. Past performance is not an indicator of future performance. If you use Teroxx Wallet App Services to access and store stored digital asset private keys for you and/or third parties, you acknowledge that we are not responsible for the protection of such keys and that we are not responsible for the loss of stored Digital Asset keys resulting from theft, loss or misuse of stored Digital Asset private keys that are beyond our control.

3.3 We are not responsible for the digital asset market and make no representations or warranties as to the actual or perceived value of digital assets denominated in a quoted currency. Although we may provide historical and/or real-time data at the price of digital assets, we make no representations regarding the quality, suitability, usefulness, accuracy or completeness of such data, and you should not rely on such data for any reason whatsoever. You understand and agree that the value of Digital Assets may be volatile and we will not be in any way responsible or liable for any loss you suffer as a result of holding or trading Digital Assets, even if the Teroxx Wallet App Services are delayed, suspended or interrupted for any reason.

3.4 We do not provide investment advice and content on the Website should not be regarded as a substitute for individual investment advice. The content of the Website should not be used as a basis for investment decisions and is not intended as an attempt to market or promote digital assets.

ONBOARDING

4.1 By registering to use the Teroxx Wallet App Services, you certify, represent and warrant that:

As a natural person, you are at least eighteen (18) years of age, and have full capacity to accept these Terms of Use and enter into a transaction involving Virtual Assets and other Digital Assets;
You have the unrestricted right and authority to agree to these Terms;
You are not a resident or tax resident of any jurisdiction notified by Teroxx Worldwide UAB and have no other relevant relationship with any jurisdiction that is prohibited or restricted from accessing or using the Teroxx Wallet App Services;
You are not a resident or tax resident of any jurisdiction in which the entry into or performance of your obligations under these Terms or the supply, holding, use or exchange of stored digital assets is in any way restricted or requires or is unlawful in licensing, registration or approval of any kind;
You are the authorized user of the activated device;
You are currently not registered as a user of the Teroxx Wallet App Services;
You do not impersonate any person, work under a pseudonym, or otherwise conceal your identity;
You do not use our Services if the laws of your country prohibit you from doing so in accordance with these Terms;
For individuals, you are the sole final beneficiary of your account and you are not acting in the name or on behalf of any other person or entity;
For legal entities, that the legal entity is the sole owner of the account and you are authorized to represent the legal entity;
You pass the Company’s KYC and due diligence checks and procedures;
You are the beneficial owner of a Digital Asset or Fiat Currency subject to these Terms and subject to the Services; and
You comply with, but are not limited to, all applicable legal requirements to which you are subject, including all tax laws and regulations, exchange control requirements and registration requirements.

4.2 In order to use the Teroxx Wallet App Services, you must register as a user in the Teroxx Wallet App and provide us with all requested information and / or documents (including information and / or documents requested by us) that are required by applicable law for us to process your registration.

4.3 You agree to cooperate with all requests made by us or any of our third-party providers on our behalf in connection with your use of the Teroxx Wallet App Services, including identifying or authenticating your identity or validating your funding sources or transactions. This may include, without limiting the generality of the foregoing, the need for further information with which we can reasonably identify you, including a request to take steps to confirm ownership of your telephone number or payment instruments or to verify your information against third party databases or other sources by us.

4.4 We may, in our sole discretion and without giving reasons, reject your request or suspend, terminate or restrict your use of the Teroxx Wallet App Services or your Account and/or change the eligibility criteria for registration or use of the Teroxx Wallet App Services at any time.

4.5 We may confidentially review the information you provide to us or obtain information about yourself or from third parties from secure databases. By agreeing to these terms, you acknowledge that we or a third party on our behalf may conduct or arrange to conduct such reviews.

4.6 You hereby represent and warrant that all information you provide to us, our affiliates or our third-party providers is complete, accurate and up-to-date in all respects. In the event that this information is no longer complete, accurate or current, you will promptly provide us, our affiliates and third parties with the revised and updated information. If at any time we believe that your information is out of date or inaccurate, we may contact you to request further information or ask you to review the process again (ongoing due diligence). If you do not complete a step in the registration process or provide up-to-date information, you may not be authorized to use the Teroxx Wallet App Services. You agree to indemnify us, our affiliates and third-party providers for all losses resulting from your failure to provide complete, accurate and current information before, during and after the termination of our services.

4.7 At the time you register with Teroxx Wallet App Services or at any time thereafter, you authorize us to perform electronic identity checks on you, either directly or through third parties.

4A.1 Notwithstanding these Terms or your successful completion of the registration process pursuant to Clause 4.1, certain types of Users are expressly prohibited from using certain functions of the Teroxx Wallet App Services. You further represent and warrant that you are not a citizen or resident of a country which Teroxx deems as prohibited and restricted with respect to the use of the Teroxx Wallet App or Teroxx Wallet App Services.

THE TEROXX WALLET APP

5.1 With the Teroxx Wallet App you can interactively access your Digital Asset Wallet and perform one or more of the following actions:

Display the account balance and transaction history of your Digital Asset Wallet;
Receive instructions on how to load your Digital Asset Wallet;
Apply for a Digital Asset Transfer from your balance in your Digital Asset Wallet;
Request a digital asset conversion;
and request a switch from Fiat to DA.

5.2 Provided that you continue to comply with these Terms, we grant you a limited, non-transferable, non-exclusive license to use the Teroxx Wallet App, provided that it is licensed by us on your activated device and is used by you only for your purposes under these Terms. All other rights not expressly granted to you are reserved. Some software components used in the Teroxx Wallet App may be offered under an open source or other license that we provide to you. In this case, your use of these components of the Teroxx Wallet App is subject to these terms and conditions.

5.3 Fees and account balances in the Teroxx Wallet App will not be rounded, but may be displayed to you as rounded up or down.

5.4 You acknowledge and agree that your use of the Teroxx Wallet App Services is at all times subject to your compliance with these Terms and all other applicable Terms.

YOUR DEVICE

6.1 You acknowledge and agree that in connection with your use of the Teroxx Wallet App you are responsible at your own expense for the following:

Procure all necessary hardware, software and communication services required for your use of the Teroxx Wallet App in accordance with these Terms of Use;
Installing antivirus or other mobile security software on your activated device to protect against security risks or other vulnerabilities that may occur in connection with the use of the Teroxx Wallet App in accordance with these Terms of Use;
A timely and rapid installation of updates and patches for the Teroxx Wallet App on your activated device.

6.2 Notwithstanding the foregoing and other provisions in these Terms, we assume that all instructions you have received from your activated Device are from the rightful owner. You are solely responsible and liable for the security of your activated device and maintaining reasonable security and control over your user name and password. You are also solely responsible for accessing and using the Teroxx Wallet App and Services through your activated device, notwithstanding that such access may have occurred without your knowledge, authority or consent. We will not be liable to you for any loss or damage arising out of such use.

6.3 If you discover that your activated device is lost or stolen or has been retrieved or used in an unauthorised manner, notify us by email of the loss / theft or unauthorised access / use. If your enabled device was not authorized to access or used, you should reset the password on your enabled device as soon as possible.

TOP-UPS TO DIGITAL ASSET WALLET AND DIGITAL ASSET TRANSFERS

7.1 Loading your Digital Asset Wallet

You may load stored Digital Goods onto your Digital Wallet by transferring such Digital Goods from your private wallet to the appropriate address for your Digital Wallet available in the Teroxx Wallet App.
You acknowledge and agree that you are responsible for that: (i) the correct address for your Digital Asset Wallet is entered when you transfer Digital Asset from your private purse to your Digital Asset Wallet; and (ii) only the Digital Assets stored as Digital Assets are transferred to your Digital Asset Wallet.

You further acknowledge that (1) the transfer of a digital asset to a wrong address or (2) the transfer of digital assets that are not stored digital assets may result in the irreversible loss of digital assets. We assume no liability for the loss of digital assets.

A transfer of Digital Asset to your Digital Asset Wallet shall not be deemed to have been confirmed until the account balance of your Digital Asset Wallet (as specified in the Teroxx Wallet App) has been updated accordingly.
Teroxx Worldwide UAB and Teroxx Wallet App Services reserve the right to refuse a transfer of Digital Asset to your Digital Asset Wallet. In such a scenario, the relevant Digital Asset will not be credited to your Digital Asset Wallet and Teroxx Wallet App Services will arrange for the same amount of the relevant Digital Asset, less any applicable fees, to be transferred to the address from which it was sent.

7.1A. Credit on your transfer account

You may charge your digital wallet with electronic money in EUR (cash is not accepted or supported) by bank transfer (“Bank Transfer Charge”) with Euro if you have an active account with a bank in the Euro payment area (“Permitted Bank”) by following the instructions and providing the relevant information in the Teroxx Wallet App. If the bank details provided by you in accordance with this clause are not an authorised bank, your order will be considered an incorrect order and will be subject to paragraph (h) below. You may only transfer electronic money to your transfer account.
Our bank transfer top-up service is provided by our licensed third-party payment partners (“Payment Service Partners”). If you send us a bank transfer refill instruction via the Teroxx Wallet App, you agree and authorize our payment service providers to process your bank transfer reload instructions and keep your reloaded funds in a separate account.
You may only top up by bank transfer if you are the registered beneficial owner of both the bank account you have specified and your Teroxx Wallet App account. We do not accept or endorse any instructions given by third parties to load Bank Transfers, and such instructions shall be deemed to be erroneous instructions and shall be subject to paragraph (h) below. If you are the registered beneficial owner of both the bank account you have specified and your Teroxx Wallet App account, but the registered names do not match for any reason, you may be required to provide additional proof of identification prior to completing the transfer and such process may result in a delay in the transfer.
Charges by bank transfer are subject to our prescribed fees and limits. Further information can be found in the Teroxx Wallet App. All fees charged by your bank in connection with the loading of bank transfers, including any administrative or currency conversion fees, will be entirely at your expense. If your bank transfer top-up instruction exceeds our prescribed limit, such an instruction will be treated as an erroneous instruction and will be subject to paragraph (h) below.
After confirmation by our Payment Services Partners that your Bank Transfer Charging Order has been executed and the funds have been received, we will credit the amount to your Bank Transfer Account within 5 business days of the date of your order. Your Transfer Account is not a Deposit Account and therefore the amounts transferred to your Transfer Account pursuant to this Clause 7.1 do not bear interest and are not protected by any Deposit Compensation, Insurance or Guarantee Scheme.
Any amounts in your transfer account may only be used to purchase digital assets. Transfers to other customers (peer-to-peer) or accounts will not be accepted or processed.
All charges made by bank transfer cannot be reversed or refunded unless we determine at our discretion that this is in our best interest. In addition, we may, at our sole discretion, reverse, cancel, void or refuse to process instructions to top up Bank Transfers.
Without prejudice to our rights to claim further damages from you, you shall immediately indemnify us against any loss, damage or expense arising out of any erroneous or fraudulent instructions to top up bank transfers made by you or sent from your account. The erroneous or fraudulent nature of your instruction will be assessed or determined by us. You further agree that we must return a fund to its origin as a result of incorrect instructions; (i) We are entitled to charge an administration fee of USD 50 per return. (ii) all fees arising from such return will be borne in full by you; (iii) you will be required to reimburse such fees to us immediately upon our request; and (iv) funds will only be transferred to the bank account from which they were originally received.

7.2 Digital Asset Transfers

You can transfer any stored digital asset from your Digital Asset Wallet to a specific address via the Teroxx Wallet App.
Teroxx Wallet App Services processes all Digital Asset Transfers in accordance with instructions received from you and does not guarantee the identity of any recipient. You should check all transaction information before sending instructions for transferring digital assets to Teroxx Wallet App, as the transfer of digital assets may not be aborted or reversed after processing by Teroxx Wallet App Services. You acknowledge that you are responsible for the accuracy of all instructions sent to Teroxx Wallet App Services and that errors may result in the irreversible loss of your stored Digital Asset.
You agree that sufficient Digital Asset is stored in the Digital Asset Wallet before you instruct Teroxx Wallet App Services to transfer Digital Assets. If your digital asset stored in your Digital Asset Wallet is not sufficient to cover the amount Teroxx Wallet App Services requires to complete the transfer of digital assets, Teroxx Wallet App Services will not perform the transfer of digital assets and Teroxx Wallet App Services is not obligated to do so. Try using an alternative payment method for your Digital Asset Transfer. You hereby authorize us to debit your Digital Asset Wallet(s) with the full amount required by Teroxx Wallet App Services to complete the transfer of digital assets.
We have no control and shall not be liable for the delivery, quality, safety, legality or any other aspect of any goods or services you buy or sell to or from any third party. We are not responsible for a buyer or seller with whom you do business concluding or being authorized to conclude the transaction. If you have a problem with goods or services purchased or sold to a third party by a third party using your Digital Asset Wallet, or if you have a dispute with a third party, you should resolve the dispute directly with that third party.

FIAT TO DA CONVERSIONS

8.1 When you perform a Fiat to DA conversion, you purchase such a stored digital asset directly from Teroxx Wallet App Services. In this capacity, Teroxx Wallet App Services acts as a principal for its own account and does not act as an intermediary or marketplace between other Digital Asset buyers and sellers.

8.2 In order to perform a Fiat to DA conversion, you may make a payment to Teroxx Wallet App Services through

your debit or credit card by providing your debit or credit card details and the amount to be converted via the Teroxx Wallet App. In this case, you acknowledge that the transfer of the Fiat currency depends on the execution of such a transfer by your bank. Upon receipt of confirmation from Teroxx Wallet App Services that such debit or credit card transaction has been authorized, Teroxx Wallet App Services will credit your Digital Asset Wallet with the corresponding amount of the stored digital asset.
other additional payment methods that Teroxx Wallet App Services may approve.

You agree that only debit and/or credit cards issued and/or registered in your name will be used to pay Teroxx Wallet App Services for Fiat to DA conversions.

8.3 All Fiat to DA conversions are irreversible and final once you have submitted such instructions and/or payments to Teroxx Wallet App Services. You may no longer change or revoke the authorization granted to us to conclude outstanding or partially completed transactions. We are not responsible for incomplete transactions or delays in processing your instructions. If your payment is unsuccessful or your payment method does not have sufficient funds, you authorize us, in our sole discretion, to cancel the Transaction or debit your other payment methods, including the amounts in your transfer account required to complete the Transaction.

8.4 We do not guarantee the availability of exchange rates.

8.5 You are responsible for all fees charged by your bank or credit card company in connection with the purchase of digital assets with your credit or debit card. Some banks or credit card companies may treat the purchase of digital assets with a credit card as an advance payment that may incur a high fee or interest rate. If you are unsure, contact your bank or credit card issuer before purchasing digital assets.

OTHER PROVISIONS FOR VIRTUAL DIGITAL ASSETS

9.1 Teroxx Wallet App Services reserves the right, at its sole discretion, not to process or cancel any outstanding requests from you to transfer Digital Assets or to switch from Fiat to DA.

9.2 Teroxx Wallet App Services securely stores 100% of all stored private keys for digital assets that we control in a combination of online and offline storage. As a result, Teroxx Wallet App Services may need to retrieve this information from the offline storage to create a virtual digital asset according to your instructions. This may delay the initiation or crediting of such virtual digital asset by at least 48 hours. As a user of the Teroxx Wallet App Services, you accept the risk that a virtual digital asset provided by Teroxx Wallet App Services will be delayed and agree not to hold Teroxx Wallet App Services responsible for any loss or damage arising in connection with such delays.

9.3 It is your sole responsibility to determine whether and to what extent taxes will be levied, reported and retained on transactions relating to the receipt or transfer of stored digital assets and/or the virtual digital assets carried out by you. Transfer the correct tax amounts to the appropriate tax authorities. Your transaction history is available via the Teroxx Wallet App. We are under no obligation nor will we determine whether taxes are payable or whether taxes are charged, levied, reported or transferred to any tax authority as a result of transactions.

9.4 The loading of stored digital assets into your Digital Asset Wallet and virtual digital assets is subject to restrictions set by Teroxx Wallet App Services (which may be changed from time to time at its discretion). Such limits are set in the Teroxx Wallet App, but you may set different limits specifically for you at your discretion. You may also need to provide additional information about yourself (including people associated with you and your activities), keep records of it and arrange meetings with Teroxx Wallet App Services employees to clarify matters.

9A. FORK

9A.1 You agree and understand that the underlying Digital Asset Networks protocols are subject to change (each a “Fork”) that may result in more than one version of such network (each a “Forked Network”). You further agree and understand that Forks can significantly affect the value, function and/or name of the Digital Assets you hold in the Teroxx Wallet App.

9A.2 In the event of a Fork, Teroxx Wallet App Services may temporarily suspend all Teroxx Wallet App Services (with or without notice to you) and we may at our sole discretion decide whether or not to support the Forked Networks. In the event that Teroxx Wallet App Services does not support Forked Networks (“Unsupported Forked Network”), the Digital Assets offered by such Unsupported Forked Networks will not be made available to you. Notwithstanding the foregoing, we may, at our sole discretion, acquire and retain as our property the digital assets offered by such unsupported Forked Network that belong exclusively to Teroxx Wallet App Services.

9A.3 You acknowledge and agree that Forks is not responsible for any loss or damage caused by an unsupported Forked Network.

FEES

10.1 The use of the Teroxx Wallet App Services may incur certain fees, which may be debited from your Digital Asset Wallet. The list of applicable fees is set out in the Teroxx Wallet App and may be changed from time to time.

10.2 Monthly Dormancy/inactivity fee may be charged at the discretion of Teroxx Wallet App for inactivity longer than 3 months.

10.3 All applicable fees listed in the Teroxx Wallet App do not include any applicable taxes. The actual fee charged will be increased to take account of the applicable taxes.

10.4 You will be responsible for any excess transaction fees that may apply to your account or which are connected with the use of specific accounts for making transfers and/or payments via the Teroxx Wallet Account.

INTELLECTUAL PROPERTY RIGHTS

11.1 You acknowledge and agree that:

All intellectual rights of Teroxx Wallet App including new versions to Teroxx Wallet App, upgrades and any future updates belong to Teroxx Worldwide UAB or our third-party licensors.
The Teroxx trademarks and logos and all other logos, service marks, product names, domain names, any distinctive brand features and other proprietary notices used in the Teroxx Wallet App are the property of Teroxx Worldwide UAB or third-party licensors (collectively, the “Trademarks”);
In case you provide us with voluntary comments, remarks or suggestions about Teroxx Wallet App and we use at our discretion these comments, remarks or suggestions to improve our existing services or to create new, you agree that any improvements based on these comments, remarks or suggestions will be free of any payments, any rights or any obligations to you and that the intellectual property rights arising from such improvements will belong to Teroxx Worldwide UAB or our third-party licensors;
The intellectual property rights in the Teroxx Wallet App Services belong to us or are licensed to us by third party licensors;
Except as expressly granted by you in these Terms of Use, no other rights are granted to you in relation to the Trademarks, the Teroxx Wallet App or the Teroxx Wallet App Services.
No part or parts of the Teroxx Wallet App may be reproduced, distributed, republished, displayed, posted, linked, transmitted, adapted, modified, derivative works created from, or otherwise or in any way commercially exploited or stored in any information retrieval system without our prior written permission.

BEHAVIOUR

12.1 Notwithstanding the foregoing, you agree not to authorize, permit or assist any other party in any of the following:

Use the Teroxx Wallet App to perform electronic spamming or otherwise distribute unsolicited or unauthorized advertising, promotional or marketing materials, junk mail, or chain letters.
Use the Teroxx Wallet App to perform any unlawful or immoral activity (including, but not limited to, money laundering, terrorist financing and fraudulent activities);
Use the Teroxx Wallet App to upload content that contains or is infected with viruses, malicious code or Trojan horses, is immoral or illegal, or contains other harmful programs;
Modify or adapt the Teroxx Wallet App in whole or in part, or combine or integrate the Teroxx Wallet App with any other program or application;
Disassemble, decompile, reverse engineer or otherwise attempt to derive the source code, object code, underlying concepts, ideas and algorithms of the Teroxx Wallet App or its components;
Use the Teroxx Wallet App in a manner that would infringe the intellectual property rights of us, our affiliates or third parties, including, but not limited to, copyrights, patents or trademarks. You agree not to take or attempt to take any action or claim ownership of any property that infringes or would infringe our intellectual property interests.
Use the Teroxx Wallet App in a manner that may damage, disable, impair or endanger the Teroxx Wallet App or the provision of the Teroxx Wallet App Services or other computer systems or devices used in connection therewith or which may interfere with other users or the reputation of Teroxx Wallet App Services. You agree not to gain or attempt to gain unauthorized access to the account or wallets of other users;
Take actions that may unreasonably or excessively load or impair the Teroxx Wallet App infrastructure (including but not limited to our servers, networks, data centers and related or similar devices) and affect systems, data or information owned by other users of the Services;
Engage in any other activity that we deem inappropriate or that violates these Terms or any applicable law;
Provide Teroxx Worldwide UAB or Teroxx Wallet App Services or any of its affiliates or third-party providers with false, inaccurate, incomplete or misleading information; or
Deposit digital assets or fiat currencies with Teroxx Wallet App Services that are part of the proceeds of criminal or illegal activity.

PRIVACY POLICY

13.1 By using the Teroxx Wallet App Services, you acknowledge that you have read and understood our Privacy Policy and understand how we collect, use, disclose and share your personal information and how we disclose such personal information to our authorized service providers and relevant third parties. We only share your personal information with you in order to facilitate and manage your use of Teroxx Wallet App Services, or where required by law, or with one of our counterparties who is responsible for your information. Such a data protection officer manages and protects your personal data in accordance with all applicable data protection laws. For complete and comprehensive information about your rights in regard with your personal data, when and why we collect personally identifiable information about you, how we use it, under what circumstances we may disclose it, and how we protect it, please see our Privacy Policy.

13.2 We reserve the right to fulfil our internal requirements for your personal data at any time (e.g. by requesting relevant original documents), also for the purpose of preventing fraud and/or combating money laundering and terrorist financing.

ELECTRONIC COMMUNICATION

14.1 You assume full responsibility for the security and authenticity of all instructions sent via the Teroxx Wallet App and are bound by all such instructions. We are entitled to assume that all instructions you receive from your activated device via the Teroxx Wallet App are with you. We are under no obligation whatsoever to verify that such communications actually originate from you.

14.2 You understand that instructions and information transmitted through the Teroxx Wallet App are generally transmitted over the Internet and may be transmitted through public, cross-national installations that are not specifically protected. We cannot guarantee that the instructions and information so transmitted are in fact fully protected from such unauthorized access and you accept the risks involved.

14.3 Instructions sent by you to us shall not be deemed to have been received by us until we have successfully retrieved such instructions from the relevant system and duly informed you of them. In addition, instructions that you send to third parties (e.g. network resellers) will only be deemed received from such third parties in accordance with their terms and conditions.

14.4 Without prejudice to the provisions of these Terms, you agree that, to the extent that any provisions of your country governing the time and place of dispatch and receipt of electronic communications apply, these Terms shall not apply to your use of the Teroxx Wallet App Services to the extent permitted by applicable law and you shall be liable for all damages caused by your use of the Internet, including loss, delay, misunderstanding, faulty text, unauthorized interception by third parties or duplicates.

14.5 You acknowledge and agree that in the event of any dispute relating to your use of the Teroxx Wallet App Services, our records (including electronic, computer and microfilm records) of all matters relating to your use of the Teroxx Wallet App Services and/or of you (including the transaction history) at any time specified shall be materially accurate and binding on you in all respects. In addition, you agree to the admissibility of such documents without further proof of authenticity or accuracy in a court of law as required by applicable laws.

RESTRICTION OF SERVICES / TERMINATION / CLOSURE OF ACCOUNT

15.1 Teroxx Wallet App Services may at any time and without obligation to terminate, interrupt or restrict your use or withdrawal or functionality of the Teroxx Wallet App Services (including freezing or closing your Digital Asset Wallet and refusing to process virtual content) or cancel, including (but not limited to) cancelling, the undoing of any virtual digital asset performed by you: (a) in the event of any breach by you of these Terms and any other applicable terms; (b) for the purpose of complying with applicable laws; (c) if Teroxx Wallet App Services suspects that a transaction you have entered into may be related to illegal activities (including but not limited to money laundering, terrorist financing and fraudulent activities); (d) to remedy the effects of a defect or corruption of any information system on which Teroxx Wallet App Services relies; or (e) for any other reason not listed or referred herein at our sole discretion.

15.2 Your obligations under these Conditions shall remain in force in the event of such suspension or termination as described in paragraph 15.1 above.

15.3 You will not be entitled to any payment, compensation or damages from us in connection with any suspension or termination of your use of the Teroxx Wallet App Services for any reason. Suspension or termination of your use of the Teroxx Wallet App Services for any reason does not relieve you of any liability or responsibility that may have arisen at the time of such suspension or termination.

15.4 Our rights to suspend and terminate under these Terms shall not be affected by any other rights or remedies we may have (whether under these Terms, applicable law or otherwise).

15.5 If you wish to suspend or terminate your access to any of the Teroxx Wallet App Services or close your Account, you must send a request to Teroxx Wallet App Services with any documents we may need to request and effect such suspension or termination. You acknowledge and agree that you are subject to such terms and conditions that we may deem applicable to such suspension or termination.

15.6 If you still have funds in your Account that have been blocked or closed, you will be entitled to recover such Digital Assets unless the law or a court order prohibits the release of such Digital Assets or we have reasonable grounds to suspect that such Digital Assets have been obtained by fraud or unlawful means or in connection with criminal activity.

15.7 If you still have ABLOXX tokens in your Account that have been blocked or closed, you will be entitled to such ABLOXX tokens, insofar the latter has become available to be publicly traded on an exchange and the obligation under the Terms of Use were fully complied with, unless the law or a court order prohibits the release of such ABLOXX tokens or we have reasonable grounds to suspect that such ABLOXX tokens have been obtained by fraud or unlawful means or in connection with criminal activity.

CUSTOMER FEEDBACK, QUESTIONS AND COMPLAINTS

16.1 If you have any feedback, questions or complaints, please contact us by email at support@teroxx.com or Teroxx Wallet App Services. Although we try to answer you as soon as possible, it can take up to 45 days for us to contact you with complicated problems. You accept and agree that we are not responsible for any loss or damage incurred during this period.

LIMITATION OF LIABILITY

17.1. THE SERVICES ARE PROVIDED WITHOUT WARRANTY OF DEFECTS AND WITHOUT WARRANTY OR GUARANTEE, EXPRESSLY IMPLIED OR STATUTORY. UNLESS EXPRESSLY PROVIDED IN THESE TERMS, WE DISCLAIM ALL OTHER REPRESENTATIONS OR WARRANTIES TO YOU, YOUR PARTICIPANTS OR ANY OTHER PERSON, REGARDLESS OF SUITABILITY OR INCLINATION FOR ANY PARTICULAR PURPOSE (WHETHER IN TRADE, CUSTOM OR USED GOODS) OF SERVICES OR GOODS SUPPLIED UNDER THE TEROXX WALLET APP SERVICES. OUR LIABILITY WITH RESPECT TO NON-EXCLUSIVE WARRANTIES AND REPRESENTATIONS IS LIMITED TO ONE OF THE FOLLOWING:

(i) REPAIRING OR REPLACING THE SERVICES IN RELATION TO THE INJURY; OR

(ii) PAYMENT OF THE COSTS FOR RENEWAL, EXCHANGE OR REPAIR OF THE SERVICES IN RELATION TO THE INJURY.

17.2. IN NO EVENT SHALL WE OR ANY OF OUR REPRESENTATIVES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGE, INJURY OR CONSEQUENTIAL LOSS, INCLUDING DAMAGES FOR LOSS OF DATA, PROFITS OR OTHER INTAGIBLE LOSSES PERMITTED BY LAW:

(A) DUE TO UNUSUAL OR UNPREDICTABLE EVENT AND THE CONSEQUENCES OF NATULAR DISASTERS, STRIKES, SUSPENSIONS, TRAFFIC DISRUPTIONS AND ACTIONS BY DOMESTIC OR FOREING GOVERNMENT AUTHORITIES;

(B) FROM OR IN CONNECTION WITH:

(D) REFUSAL TO PROCESS, AUTHORISE OR REVERSE ANY TRANSACTION FOR ANY REASON;

(E) THE INABILITY TO INTERFERE WITH OR COMPLETE A TRANSACTION DUE TO THE MAINTENANCE OR UNAVAILABILITY OF THE TEROXX WALLET APP, THE NETWORK, OUR HARDWARE OR SOFTWARE, INCLUDING BY THIRD PARTIES;

(F) THE USE OF YOUR ACTIVATED DEVICE AND THE TEROXX WALLET APP SERVICES BY THIRD PARTIES, WHETHER AUTHORISED OR NOT BY YOU;

(G) ANY THEFT OR LOSS OF YOUR ACTIVATED DEVICE;

(H) ANY UNAUTHORISED OR UNAUTHORISED USE OF THE TEROXX WALLET APP SERVICES THAT COMPLIES WITH THESE TERMS AND CONDITIONS;

(I) BASED ON RESPECT OF THE APPLICABLE LAWS AND / OR LEGAL PROVISIONS;

(J) PROVIDED FROM OR IN CONNECTION WITH THESE CONDITIONS FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS POSSIBILITIES, LOST DATA, OTHER INTANGIBLE LOSSES NEITHER DIRECT NOR INDIRECT LIABILITY FOR DAMAGES AND CONSEQUENTIAL DAMAGES REGARDLESS OF THE PARTIES’ AGREEMENT WITH THESE PROVISIONS;

(K) RESULTS OF HACKING, FALSIFICATION, VIRUS TRANSMISSION, OR OTHER UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES, YOUR ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.

17.3. OUR LIABILITY FOR LOSS OR DAMAGE ARISING IN CONNECTION WITH THE SERVICES SHALL NEVER EXCEED THE FEES YOU HAVE PAID US FOR THE USE OF THE SERVICES DURING THE 12-MONTH PERIOD. THE ABOVE LIMITATIONS OF LIABILITY APPLY TO THE ENTIRE LEGAL FRAMEWORK.

17.4 WE SHALL NOT BE LIABLE FOR THE FAULT OF THIRD-PARTY SERVICE PROVIDERS COMMISSIONED BY US. IN SUCH CASES, OUR LIABILITY SHALL BE LIMITED TO REASONABLE CARE IN SELECTING, ORDERING AND INSTRUCTING SUCH THIRD-PARTY SERVICE PROVIDERS (BUT NOT BY SUBCONTRACTORS OR OTHER THIRD PARTIES THAT MAY BE USED BY SUCH THIRD-PARTY SERVICE PROVIDERS).

17.5 NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE LIABILITY FOR FRAUD, WILLFUL MISCONDUCT OR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.

17.6 THE PARTIES AGREE THAT ANY CLAIM AGAINST THE OTHERS UNDER THESE TERMS MAY BE MADE ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY ALLEGED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. NO COURT OR JUDGE SHALL CONSOLIDATE OR JOIN THE CLAIMS OF ANY PERSON OR PARTY OR OTHERWISE PRESIDE OVER A CONSOLIDATED PROCEDURE, A REPRESENTATIVE OR A COLLECTIVE PROCEDURE. ANY RELIEF GRANTED TO A USER OF TEROXX WALLET APP SERVICES CANNOT AND MUST NOT AFFECT OTHER USERS.

17.7 SHOULD ANY CONFLICT ARISE BETWEEN THE ENGLISH LANGUAGE VERSION OF THIS AGREEMENT AND ANY TRANSLATION THEREOF, THE ENGLISH LANGUAGE VERSION SHALL BE CONTROLLING.

COMPENSATION

18.1. You agree to indemnify, defend, reimburse and hold harmless Teroxx Worldwide UAB and Teroxx Wallet App Services and Third Party Providers and their officers, directors, agents, joint venture companies, employees and agents from any claims or demands (including attorneys’ fees, fines and fees), including any sanctions imposed by any regulatory authority, if you (a) breach any of these Terms; (b) your use of the Teroxx Wallet App and/or the Teroxx Wallet App Services violates any law or regulation of any jurisdiction or the rights of any third party.

18.2 Teroxx reserves the right to perform reconciliation of transactions, both manually and automatically, at any time in order to ensure the accurate accounting and record-keeping of past transactions. Such reconciliation transactions will not affect the user’s available balance or overall account value. These reconciliations are solely for the purpose of internal accounting and correction of any discrepancies that may arise in the recording of past transactions.

18.3 Users acknowledge and agree that Teroxx may perform these reconciliations without prior notification or approval from the user, provided that the reconciliation does not affect the user’s balance or available funds in any way.

18.4 In the event that a reconciliation requires adjustments that could potentially affect a user’s balance, Teroxx will notify the user in advance and provide details of the necessary adjustments.

CHANGE AND DEVIATION

19.1 These Terms may be updated or amended and we will post such updates on the Teroxx Wallet App. These updated terms will be effective immediately unless otherwise stated. You should check the Teroxx Wallet App regularly to be aware of any such changes. In addition, we may change, add or remove features or functions of the Teroxx Wallet App at any time without notice. By continuing to use the Teroxx Wallet App and / or the Teroxx Wallet App Services after such changes take effect, you agree to the updated or amended Terms and Conditions and to the updated Teroxx Wallet App Services. If you do not wish to be bound by any changes or additions to these Terms of Use, you must immediately cease using the Teroxx Wallet App and/or the Teroxx Wallet App Services.

TRANSFER OR ASSIGNMENT

20.1 These Terms and all rights, obligations and licenses granted to you under these Terms are limited, revocable, non-exclusive and personal and therefore may not be transferred, assigned or delegated to any third party without our prior written consent. Any attempted transfer or assignment in violation of these provisions shall be null and void.

SEVERABILITY

21.1 If any provision of these Terms is found by any court or administrative authority to be invalid or unenforceable, the invalidity or unenforceability of that provision shall not affect the other provisions of these Terms and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. This provision shall be amended and interpreted in order to achieve as far as possible the objectives of the provision within the framework of the applicable laws.

OVERALL AGREEMENT / TRANSLATION

22.1 These Conditions constitute the entire agreement between the parties with respect to their subject matter and supersede all other prior representations, agreements, understandings and arrangements relating to the same subject matter (oral or written, express or implied). Each party acknowledges that in agreeing to these Terms it will not rely on any statements, representations, warranties or understandings other than those expressly set forth in these Terms.

22.2 These Terms and Conditions are drawn up in German / English and all notices, including any notices or information, shall be given in German / English. In the event that these Terms or any part thereof (for any purpose, for your convenience or otherwise) are translated into another language, the English language text of these Terms shall prevail.

DELAY

23.1 These terms and conditions may not be waived in whole or in part unless all parties have agreed to this in writing.

23.2 A party’s delay in enforcing or failure to enforce any provision of these Terms shall not constitute a waiver of any other right of that party arising out of any breach or subsequent breach of these Terms and no right, power or remedy conferred or reserved in these Terms to any party shall exclude any other right, power or remedy available to that party and each such right, power or remedy shall be cumulative.

NOTES AND COMMUNICATIONS

24.1 By using the Teroxx Wallet App Services, you agree that we may send you communications relating to your use of the Teroxx Wallet App Services electronically: (a) by e-mail (in each case) to the address provided by you), SMS message or telephone call (in each case to the telephone number provided by you) or (b) by posting on the Website. In the case of notifications by e-mail, the date of receipt shall be the date on which the notification is transmitted. You can unsubscribe from receiving communications from us at any time.

24.2 Notices to us should be sent electronically to our support system at support@teroxx.com.

THIRD PARTY RIGHTS

25.1 With the exception of companies within Teroxx Worldwide UAB, the Teroxx Group and the Teroxx Wallet App Services, a person who is not party to these Terms shall have no right to review and enforce these Terms.

APPLICABLE LAW AND PLACE OF JURISDICTION

26.1 Any dispute, controversy or claim, whether contractual or non-contractual, arising out of or in connection with these Terms, or any breach, termination or invalidity thereof, or any other problem arising out of these Terms shall be referred to and an attempt shall be made by national arbitration at the place of business of Teroxx Worldwide UAB, Vilnius Lithuania, to settle the dispute out of court.

The venue shall be at the registered office of Teroxx Worldwide UAB in Vilnius and all parties agree to submit to the jurisdiction of such courts.

CONTACT

If you have any questions or comments about these Terms and Conditions you can contact our Customer Center at support@teroxx.com.

You can also find us at our headquarters in:

Teroxx Worldwide UAB

c/o WorkLand Lithuania Didžioji UAB
Didžioji g. 18

01128 Vilnius, Lithuania