AMIS Wallet Terms of Use

 

AMIS Technologies Co., Ltd. (“AMIS” or “We”) provides a wallet service of digital assets, like Bitcoin or Ethereum for its users (“Services”) through https://www.amis.com (the “Site”). The following terms and conditions (“Terms of Use”) is an agreement between AMIS and all users of the Service and the Site (“you” or “user”) and apply to your access and use of the Site and the Service.

Please read the Terms of Use carefully before accessing the Site or using the Service. By accessing or using the Services or the Site, you acknowledge and agree that you have reviewed for a reasonable period and fully understand the terms and conditions of these Terms of Use, and you agree to be bound by all of the terms and conditions of these Terms of Use. If you do not agree to all of the terms and conditions of these Terms of Use, please do not activate, access, or otherwise use the Service or the Site. 

AMIS reserves the right to update these Terms of Use at any time. These Terms of Use may be amended, changed, or updated by AMIS at any time. If you do not agree to and subsequent amendments, changes, or updates, please contact AMIS so that your termination of use of this Site can be properly processed.
 

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Eligibility

• You must have attained the age of majority and must be of full legal capacity under the law applicable to you to access and use the Services and the Site.

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• According to your citizenship and regulations of the countries or areas that you are at, you may not be able to use part or all of the functions of the Services or the Site. In addition, AMIS may at any time refuse to provide services to the individuals, groups or areas set forth on the high risk or sanction list according to the relevant AML and CFT regulations and policies.

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Services

• Wallet Service

The Service is for the user to create a digital wallet to receive or manage specific digital assets (“Wallet”), and for the user to submit instructions to the specific digital assets protocols (“Protocols”), including without limitation of sending or initiating the transaction of specific digital assets or smart contract (“Transactions”).

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• Management of Wallet and Private Key

The Services provide you to create your own wallet or digital assets addresses through specific algorithms and encryption methods. The corresponding key which is used to access or verify your Wallet or digital assets addresses (“Private Key”) would be divided into two or more segments (“Shares of Private Key”). Your Wallet can only be accessed or recovered through the Shares of Private Key and the specific algorithm. According to the Service you apply to or chose, your Shares of Private Key may be managed by:

(a) AMIS;

(b) you and AMIS; or

(c) you, AMIS, and the third party you appoint.

You hereby understand that any access of the Wallet or initiation or verification of the Transactions can only be executed through your Private Key or Shares of Private Key. The loss of specific Shares of Private Key may cause the consequence of inaccessible or irrecoverable of your digital assets. You hereby agree that you are sole responsible for the consequence of any loss or leakage of the Shares from you or the third party you appoint to manage your Shares.

• Management of Transaction Password

For the convenience of your management, the Service may require you to set up a password which is a representation of your Shares of Private Key and can be used to calculate your Shares of Private Key (“Transaction Password”). The Transaction Password is only known by you. In order to calculate your Shares of Private Key for submitting your instruction of Transaction to the Protocols, you will be required to enter your Transaction Password every time when you want to initiate a Transaction.
You acknowledge and agree that, for the safety of your digital assets, AMIS, the Services, or any third party would NOT in any way record or keep your Transaction Password, and the Services are technically incapable to submit any Transaction of your digital assets WITHOUT your Transaction Password. Therefore, you will not be able to access, recover, or transact your digital assets if you lose your Transaction Password.
The Services may provide you a backup option to encrypt and backup your Transaction Password. Through such backup option, you may store the encrypted backup file in the storage provided by the third party you choose. Once you lose the Transaction Password, you may use the backup file to decrypt and reset your Transaction Password. However, you agree that you shall keep your backup file safely, and you are solely responsible for the consequence of the loss or leakage of such backup file.

 

• Protocols

You acknowledge that the Services or AMIS do not govern the Protocols, and the functions, rules, names, or operation of the Protocols of your digital assets may be changed or updated subject to the Protocols. Such changes or updates may result in the fork of your digital assets Protocols and may further create a new type of digital asset. You agree that the Services may, at its sole discretion, decide whether to terminate the support of such digital assets, and whether to support such new types of digital assets. If you intend to receive such new types of digital assets and AMIS decided not to support such new types of digital assets (or do not announce relevant information before such fork), please move your digital assets to other service providers that support such fork before such fork take place.

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Account

• Registration

Before using the Services, you are required to register a user account through the Site (“User Account”), and the User Account will allow you to be a registered user for accessing the Service and this Site after you complete all the activation procedures. According to the policy and the regulations, you will be required to provide certain personal information. Your access to the Services and the limits may be based on the identifying information and proof of identity you provide to us and is subject to AMIS’s sole discretion.
By activating your User Account or accessing the Service and the Site, you are deemed to agree to provide accurate, current and complete information about you and promptly update such information thereafter to keep it accurate, current and complete; and irrevocably grant AMIS the right to process your personal information and other information, including but not limited to your records in trades.
 

• Information Protection Measures

We use reasonable technical, physical and procedural information security measures to provide appropriate protection for your personal information and other information, preventing such information from accidental loss, and unauthorized access, modification, or disclosure. We also implement reasonable internal control system to control the necessity of the access of such information by our staff. Please review our privacy policy (https://www.amis.com/privacy) to learn more about how we collect, process, and use your information.

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• Security

You should be responsible for your User Account and Transaction Password, including but not limited to maintaining adequate security and control of the Transaction Password. When choosing your Transaction Password, please do not create it using easily identifiable or predictable information. You must not share your Transaction Password with any other third party, knowingly or accidentally share, provide or make your Transaction Password available to any other third party, or otherwise enable any other third party to access or decipher your Transaction Password. In addition, you shall take necessary and reasonable measures to and due care in keeping your Transaction Password confidential and preventing your User Account and Transaction Password from being used by any other third party. Any leakage of the Transaction Password may result in unauthorized access to your User Account or Wallet by third parties and the loss or theft of any digital currency. Since you are the owner of your User Account, and you are responsible for taking necessary and responsible measures to keep your User Account, you agree to take sole responsibility for any activities or actions under your User Account. If you believe your User Account and Transaction Password may have been disclosed to a third party, lost or stolen or unauthorized transactions may have been conducted, you are responsible for notifying us immediately.

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• Refuse to Use, Restriction, and Suspension
  AMIS reserves the right, at its sole discretion, to refuse your registration or activation with the Services and the Site. We may also restrict or suspend your access or use of the Services or the Site, at our sole discretion, based on following reasons or purposes:

(a)  to comply to our risk control policy,

(b)  to limit the number of User Account that a single user may establish or maintain,

(c)  activities or actions under your User Account is

(d)  any information provided during the registration process or later is inaccurate, not current or incomplete, or

(e)  activities or actions under your User Account is alleged to be infringing our anti-fraud, anti-money laundering and counter terrorism policies or applicable law or these Terms of Use, or in accordance with the behavior pattern of any inappropriate conduct or behavior deemed by AMIS.

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• Notification

  You hereby agree that any notifications of these Terms of Use or your User Account, including but not limited to any amendments or updates of these Terms of Use, warning messages or any other important messages in respect to the Services, sent to you through the Email you provided to us shall be deemed to be valid. You agree to take sole responsibility for the availability of the Email you provided and bear the consequence of not receiving the notifications sent correctly

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Transactions

• Send

You acknowledge that due to the nature of blockchain protocols, once you submit an instruction of the Transaction, such Transaction may not be able to be reversed or canceled. You agree that you are solely responsible for the consequence of any error or mishandling caused by your using of the Services.
You acknowledge and agree that we are not responsible for any delay and failure due to the insufficient amount of your Wallet, blockchain system delay or instability, or any similar reasons

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• Limitation

You confirm and agree that we may, based on factors such as request of the laws or regulations, security of transaction, or any other operating consideration, set and adjust the limitation of frequency or minimum amount and maximum amount of your Transaction.

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Anti-Fraud, Anti-Money Laundering and Counter Terrorism

• AMIS reserves the right to cancel and/or suspend your User Account and/or block transactions or freeze funds immediately if AMIS determines, in our sole discretion, that your User Account is associated with any prohibited use or is on suspicion of violation of these Terms of Use or any anti-fraud, anti-money laundering and counter terrorism policies. Suspension, cancellation, or termination of your User Account shall not affect the payment of fees or other amounts you owe to AMIS. In the event that your User Account is suspended, cancelled, or terminated, we reserve the right to immediately cancel all open Transactions associated with your User Account.

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• You hereby authorize AMIS to, directly or through third parties, including, without limitation to, its affiliates, the banks that are in collaboration with AMIS, relevant AML and CFT system and database make any inquiries we consider necessary to verify your identity, including to query identity information contained in public reports, and to take action we reasonably deem necessary based on the results of such inquiries and reports.

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• You hereby agree that AMIS and its affiliates may implement certain customer due diligence process and ongoing analysis and reporting to comply with the applicable regulations or policies of anti-money laundering and counter terrorism. This includes monitoring of suspicious transactions and mandatory or voluntary reporting to regulators. AMIS hereby reserves the right to disclose such information and documentation to the banks that are in collaboration with AMIS or government authorities. This will apply even when you terminate your relationship with AMIS, and vice versa, or abandon your application to have an account with the Services.

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• You hereby agree that AMIS and its Affiliates shall not be responsible for the damages or disinterests caused by the actions took according to this section.

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Fees and Taxes

• Fees

By using the Services, you agree to pay all applicable fees, including but not limited to the fee for the services provided by the third party of the Protocol or the fee for AMIS to provide the Services. You agree and authorize AMIS to automatically deduct fees and any amount payable directly from your Wallet. All fees and amount payable will be clearly displayed on the Site or addressed to you through the webpage, and such fee schedules may be amended, changed, or updated by AMIS at any time and without prior notice to you. The fee schedules displayed or addressed to you at the time of your using shall be final and binding.

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• Taxes

It is your sole responsibility to determine whether, and to what extent, any taxes apply to any actions you conduct through the Services or this Site, and to pay or declare the correct amounts of taxes to the appropriate tax authorities. AMIS surrenders your personal information and/or your transaction history in response to tax authorities if such information is requested by tax authorities.

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​Risk Statement

Digital assets are not fiat currency and digital assets do not have intrinsic value. The legal status of digital assets may affect the legal obligations, reporting obligations, and tax obligations in relation to holding, investing, or trading digital assets. You are solely responsible for checking the legal status or requirement of digital assets and for complying with any and all applicable laws and taxation or reporting requirements. In addition, trading in digital assets entails certain risks. There is no assurance that any person will accept digital assets as payment for goods or services and it is possible that the use or transaction of digital assets may be expressly prohibited by legislation in a particular jurisdiction. Whether you are suitable to engage in the purchase or sale of digital assets will be dependent on your personal financial situation and tolerance for risk. By using the Services and this Site, you agree that you are fully aware of the related risks and considerations and waive any and all claims against AMIS and its affiliates for all losses or damages that may arise from your purchase or sale of digital assets. This Risk Disclosure Statement is for your reference only. It cannot and does not disclose all risks and other aspects involved in holding or trading in digital assets

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Disclaimer of Warranty ​

• The Services, this Site, and the content provided hereunder may contain certain issues that have not been identified. The Services, this Site, and the content are provided on an “AS IS” basis. You are advised to use the Services, this Site, and the content with caution, to make the necessary verifications and use your own judgement, and not to rely in any way on performance of the Services, this Site, and the content and accompanying instructions or materials. AMIS makes no warranty that AMIS will continue to offer or make available the Services, this Site, and the content, including without limitation any particular function for any particular length of time and AMIS reserves the right to change and update the Services, this Site, and the content without notice to you. AMIS makes no warranties of any kind in connection with the Services, this Site, and the content, or modifications or improvements thereto. AMIS specially disclaims all implied warranties.

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• No advice or information, whether oral or written, obtained from AMIS or through the Services or this Site or the content, will create any warranty not expressly made herein. You are solely responsible for all of your trading or holding of digital assets.

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• The foregoing disclaimers shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of these Terms of Use or your use of the Services and this Site.

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Limitation of Liability

• You confirm and agree that, to the maximum extent permitted by law, AMIS and its affiliates shall only be liable for the direct damages caused by gross negligence or intentional misconduct of AMIS while providing AMIS and its affiliates shall not exceed the US dollar value of the digital assets on deposit in your Wallet at the time of the occurrence of such negligence or misconduct.

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• You confirm and agree that AMIS and its affiliates shall not be liable for any damage or loss in relation to or arising from any suspension, delay, or failure of your Transactions if such suspension, delay, or failure is the consequence of one of the following events:

(a)  your violation of these Terms of Use or the policies or agreements which are incorporated herein,

(b)  act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, DOS (denial-of-services) attacks, other catastrophe or any other occurrence which is beyond AMIS’s reasonable control.

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• You acknowledge and agree that in no event shall AMIS and its affiliates be liable for any damage or loss that is not reasonably foreseeable.

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• You acknowledge and agree that you shall indemnify and hold AMIS and its affiliates harmless from the and against any claims, liabilities, damages, loss, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your violation of laws and regulations, these Terms of Use or the policies or agreements which are incorporated herein.

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• The indemnification obligations under this section shall survive the termination or expiration of these Terms of Use or your use of the Services and this Site.

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General Provisions

• Modifications

AMIS reserves the right, at its sole discretion, to modify, discontinue or terminate the Services and this Site or to modify these Terms of Use, at any time and without prior notice. If AMIS modifies these Terms of Use, AMIS will post the latest revised version at the Site or in other ways that AMIS deems appropriate. By continuing to access or use the Services and this Site after AMIS has posted a modification on the website of AMIS or have provided you with electronic notice of a modification, you are indicating that your agreement and express consent to be bound by the modified Terms of Use. If the modified Terms of Use are not acceptable to you, you must cease using the Services and this Site immediately.

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• Entire Agreement

This Terms of Use constitutes the entire understanding between you and AMIS and governs your use of the Services and this Site and any prior or contemporaneous representations, either oral or written are hereby superseded.

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• Assignment

Except as otherwise stated herein, you may not assign or transfer all or any part of your rights under these Terms of Use, by operation of law or otherwise, without AMIS's prior written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null and of no effect. AMIS may assign or transfer these Terms of Use, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns.

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• No Waiver

No failure or delay of AMIS to require performance by you of any provision of these Terms of Use shall in any way adversely affect AMIS's right to require full performance of such provision after that. No waiver by AMIS of a breach of any provision of these Terms of Use shall be considered to be a waiver by AMIS of any succeeding breach of such provision.

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• Severability

If any provision or any portion of these Terms of Use shall be held to be void or unenforceable, the remaining provisions of these Terms of Use and the remaining portion of any provision held void or unenforceable in part shall continue in full force and effect.

 

• Change of Control

In the event that AMIS is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.

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• Survival

All provisions of these Terms of Use which by their nature extend beyond the expiration or termination of these Terms of Use, including, without limitation, sections pertaining to suspension or termination, User Account cancellation, debts owed to AMIS, general use of the Services and this Site, and general provisions, shall survive the termination or expiration of these Terms of Use.

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• Choice of Law and Forum

These Terms of Use are governed by and will be construed according to the laws of Republic of China (including but not limited to the validity, interpretation, construction, performance and enforcement of these Terms of Use, or any disputes or controversies arising from or related to these Terms of Use). Any dispute, controversy, difference or claim arising out of, relating to or in connection with these Terms of Use, or the breach, termination or invalidity thereof, shall be subject to the exclusive jurisdiction of the Taipei District Court.

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• Force Majeure

AMIS shall not be liable for delays, failure in performance or interruption of the Services, this Site, or Content which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, DOS (denial-of-services) attacks, rapid fluctuation of price of any given supported digital assets, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions. Without limiting the generality of the foregoing, AMIS shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses, spyware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack.

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• Language

The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English. In case of any discrepancy, the English version shall prevail.

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