- Who we are. Blocto is owned and operated by portto Co., Ltd.
- What is Blocto. Blocto is a mobile application that allows users to conveniently and securely access blockchain, use blockchain services, send and receive their crypto and digital assets.
- Important disclaimers.Blocto is not intended as, and does not provide, any investment or financial advice whatsoever. As with any financial or investment decisions, you should conduct your own research and due diligence investigation, to properly evaluate the benefits and risks of any investment or financial transaction. You should also seek the advice and guidance of qualified accountants, financial advisors, tax advisors, legal counsels and investment advisors, in connection with any investment or financial transaction.
- Intellectual property. All legal rights in Blocto, including all intellectual property rights, are owned by, or authorized to portto.
- Disclaimer of warranty. Blocto is provided for use ‘as is'. We disclaim all warranties and representations with respect to Blocto.
- Limitation of liability. To the maximum extent permitted by the applicable law, we – and anyone acting on our behalf – will not be liable for any damage or loss, arising from or in connection with the use or inability to use Blocto.
- Law & jurisdiction. Use of Blocto is governed by the laws of Taiwan and subject to the exclusive jurisdiction of Taipei District Court.
- Termination. You may request to terminate your account at any time by contacting us at [email protected]. Upon termination of these Terms or your account, your right to use Blocto is terminated and you must immediately cease using Blocto.
- THE TERMS INCLUDE ADDITIONAL PROVISIONS THAT YOU SHOULD CAREFULLY READ, SUCH AS PROVISIONS REGARDING WARRANTY, LIMITED LIABILITY, INDEMNIFICATION AND ASSIGNMENT.
Welcome to Blocto, a mobile application ("App") that allows users ("Users" or "you") to conveniently and securely access blockchain, use blockchain services, send and receive crypto and digital assets ("Assets").
Blocto is owned and operated by portto Co., Ltd. ("portto", "we", "us" and "our").
HOW DOES IT WORK?
Unlike traditional decentralized wallets, Blocto offers its users a tool to conveniently and securely sign transactions ("Transactions") from multiple devices with no private key for Users to manage ("Private Key"). Blocto uses a mix model of Private Key management and a multi-signature wallet to sign transactions. Once User signs a transaction, Blocto helps put it on blockchain and pay for the transaction fees incurred.
In case Users' devices are unavailable — e.g. if the device is broken or stolen — Blocto provides a way to assist Users to securely recover their device key by using email verification. The recovery process will be available to Users provided they have fully completed the email registration process in accordance with the instructions presented on Blocto.
Users have an option to transform their Blocto wallet into a fully decentralized wallet. Blocto will help Users complete the process and backup the new Private Key securely. Once the process is complete, Blocto will no longer be able to help those Users retrieve their Private Key and will no longer take any responsibility if such Users lose their Private Key afterwards.
Through Blocto, Users can also access and view the balance of their Assets. The Fiat value of User's Assets as displayed through Blocto is only an estimate depending on relevant exchange rates of Fiat Currency and the valuation of crypto and digital assets which are constantly changing. Portto does not warrant nor does it make any representations as to the accuracy of the fiat value displayed through Blocto. For the avoidance of any doubt, "Fiat Currency" means any currency issued by a central bank of sovereign countries, such as the US Dollar, Euro, etc.
Blocto is not intended as, and does not provide, any investment or financial advice whatsoever. With respect to any financial or investment decisions, it is strongly recommended that you conduct your own research and due diligence investigation, to properly evaluate the benefits and risks of any investment or financial transaction. It is also strongly recommended that you seek the advice and guidance of qualified accountants, financial advisors, tax advisors, legal counsels and investment advisors, in connection with any investment or financial transaction.
Use of Blocto may not be available to you, in whole or in part, in certain regions, countries, or jurisdictions, in order to comply with certain laws, rules and regulations.
False information. If we believe that the Registration Information you provide is false, deceptive or offensive, or if we believe that you violated these Terms, we reserve the right to suspend or terminate your user account or your access to Blocto.
Additional information. We reserve the right to request additional information to verify your identity, during the registration process, throughout your use of Blocto or when you submit requests related to your Blocto account.
By registering for an account or accessing the service of the App, you represent and warrant that:
- You are an individual, a legal person or another entity with full capacity and you have accepted the Terms in accordance with the applicable laws. If you do not meet such qualification, you and your legal representative shall take all responsibilities for all consequences arising thereof. We reserve the right to delete or permanently freeze your account and claim compensation for damages, including but not limited to attorneys' fees, against you and your legal representative;
- Pursuant to applicable laws, you have the right to use the services;
- Your account has not previously been suspended or removed from the App;
- You own all virtual digital currency used by you on this App or you have been authorized to conduct the virtual digital currency transactions;
- You have all necessary consents and authorizations to carry out all transactions initiated from your account;
- Any information you submit to the App is true and complete, and will be updated at our request;
- To the extent allowed by law, you allow us to use your information for the purpose of law enforcement measures or legal compliance to facilitate the operation of this App;
- You do not intend on using the App (including the services and the account on the App) for any illegal purpose, including but without limitation to illegal gambling, money-laundering, fraud, blackmail, funding terrorism, and you will not engage in misconduct that may cause damage to our reputation.
- You will abide by applicable laws and any international practices relating to the use of internet, and will not carry out any conduct to infringe others' rights while using the App;
- You are obligated to confirm the applicable laws for the virtual digital currency transactions you are involved in, including but not limited to the applicable laws and regulations regarding anti-money laundering, securities and taxation;
- If you violate any applicable laws, you shall be solely liable for any liabilities. If portto suffers any loss or damage resulting from your violation of these Terms, we may claim compensation against you for such loss and damage, including but not limited to litigation expense, attorneys' fee and the loss of goodwill.)
Prior to your using the App or an account on the App, we may request your personal information to verify your identification, and may further request you provide such information for our partners, banks in cooperative relationships, or establish an account in such banks to comply with our Know Your Customer(KYC) and anti-money laundering policy.
If any User violates any provision in the Terms, his or her account, and the services on the App are likely to be frozen, canceled or terminated, and such User will be held liable for our damages, other Users' or our partners' loss.
ACCEPTABLE AND PROHIBITED USE OF BLOCTO
Accepted use. The following terms define the acceptable use of the App and the content available therein. By using the App, you agree to abide by all applicable laws.
Account suspension. We may temporarily or permanently suspend the use of your account or revoke your account, if we believe you have violated these Terms or have any behavior that raises suspicion of and criminal activity.
Prohibited use. When using Blocto, you must refrain from –
- Breaching these Terms or any other applicable rules and instructions that we may convey with respect to Blocto;
- Interfering with, burdening or disrupting the functionality of Blocto;
- Breaching the security of Blocto or publicly identifying any security vulnerabilities in it;
- Circumventing or manipulating the operation or functionality of Blocto, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in Blocto;
- Sending automated or machine generated queries or commercial advertisements;
- Using robots, crawlers and similar applications to collect and compile content from Blocto or send data to Blocto including for the purposes of competing with Blocto, or in such ways that may impair or disrupt Blocto's functionality;
- Displaying or embedding content from Blocto, including, without limitation, by any software, feature, gadget or communication protocol, which alters the content or its design;
- Impersonating any person or entity, or making any false statement pertaining to your identity or affiliation with any person or entity;
- Collecting, harvesting, obtaining or processing personal information regarding Blocto's users, without their prior explicit consent;
- Abusing, harassing, threatening or intimidating other Users of Blocto;
- Gaining or attempting to gain, unauthorized access to the App, accounts of other Users or any other component of the App;
- Causing a disproportionately large traffic on our infrastructure;
- Making any unauthorized use of proprietary information or intellectual property of portto.
- Uploading any material or the App that contains computer viruses, Trojan horses or worms;
- Linking to Blocto from web pages or applications that contain pornographic content or content that encourages racism or wrongful discrimination;
- Engaging in any activity that constitutes a criminal offense or gives rise to any civil liabilities;
- Transferring your account on Blocto to another person without our prior written consent;
- Attacking the App or decompile, reverse engineer, disassemble or decrypt the App, or attempt to derive the source code of the App;
- Making any modification, adaptation, improvement, enhancement, translation, or derivative work to or from the App;
- Removing, altering, or obscuring any proprietary notice of portto, its suppliers, partners, or licensors;
- Violating any applicable laws, rules or regulations;
You are solely responsible for the content you make available through Blocto and for the consequences associated with doing so.
If any User conducts prohibited use, his or her account, and the services on the App are likely to be frozen, canceled or terminated, and such User will be held liable for our damages, other Users' or our partners' loss.
If any suspicious activity is detected in the services or account you accessed into on the App, we may request additional information from you (including verification documents) and may freeze, cancel or terminate any transaction or your account on the App. It is your obligation to satisfy the foregoing security requirements, or accept the suspension or termination imposed by the App. In the event of any unauthorized or prohibited use of the account or password on the App, please inform us by emailing at [email protected].
FEE-BASED AND FREE OF CHARGE SERVICES
Access to Blocto is offered to you free for life during the launch period ("Free Access" and "Launch Period"). Additional features and services introduced in the future will not be included as part of your Free Access, but will be subject to payment of the applicable fees ("Fees"), in accordance with the packages, schemes and amounts presented to you, either upon registration or at a later time.
Trial-period. Features offered subject to payment of the applicable fees, may be offered on a trial-basis, free-of-charge, which may be time-limited. We may, at any time and at our sole discretion, change any rates and payment terms.
Fee-based services. Failing to settle the payment of Fees will prevent you from further using Blocto, notwithstanding any other remedies available to us under the applicable law. In such a case, we may terminate your Blocto account and your use of its features.
All Fees are quoted in US Dollars, unless expressly stated otherwise.
We will charge you for the applicable Fees (if applicable), as they become due, using the payment method you provide during registration ("Payment Method"). By providing your Payment Method, you represent and warrant that you are lawfully permitted to use the selected Payment Method in connection with your use of Blocto.
We may require additional information from you before completing payment transactions. You must keep the Payment Methods you provided to us upon registration current, complete, and accurate, and notify us promptly in case of any change in your Payment Method or other details you have provided us.
Your Payment Method may be processed and handled through a third-party payment processor, such as credit card service providers and payment processors (e.g. PayPal). Your Payment Method is therefore subject to the terms and conditions of these third parties pursuant to your contractual relations with them.
You acknowledge that the third parties processing any of the Payment Methods may charge you commission on their end of the transaction. We are not responsible for such commission, which is strictly within your contractual relations with the relevant payment processor. We will not be liable for mistakes, errors, malfunctions or miscalculations that you or third party payment processors may make in the course of a payment transaction.
We may, from time to time, and without specific notice to you, add additional Payment Methods to the then-current Payment Methods, or cease to use previously supported Payment Methods.
By registering to Blocto and confirming the packages, schemes and amounts presented to you, you give your consent for being billed for the applicable Fees, in addition to any applicable taxes (such as sales tax, value added tax or withholding tax), and any surcharges or commissions charged by the payment processor or your Payment Method.
All amounts payable to us are exclusive of any excise, sales tax, VAT, withholding tax or other governmental charges or transaction charges. You are responsible for the payment of all such applicable taxes or charges. You shall promptly provide us with the taxation documentation necessary for processing the Fees upon our request.
To the maximum extent permitted by applicable law, the Fees paid by you are non-refundable. You are responsible for paying all applicable Fees regardless of whether you actually accessed or otherwise benefited from your use of Blocto. Failure to settle any overdue Fees within thirty (30) calendar days of its original due date will constitute a material breach of these Terms, and may cause us to suspend, disable or terminate your account, in addition to any other remedies available to us under the applicable law.
Our intellectual property. All rights, title and interest in and to the Blocto, including without limitation, patents, copyrights, trademarks, trade names, service marks, trade secrets, software, program, content, publication, image, file, information, data, structure of the App, App layout, and App design and other intellectual property rights and any goodwill associated therewith, are the exclusive property of portto or its licensors.
Restrictions. You may not copy, reproduce, broadcast, reverse engineer, modify or create derivative works of, public display and distribute, publish, disassemble and decide portto's or its licensors' intellectual property, in any way or by any means.
You may not use any name, mark, logo or domain name that is confusingly similar to our marks, logos and Internet domain names. You must refrain from any action or omission that may dilute or damage our goodwill.
You will be held liable for our damage (including but not limited to attorneys' fee) in the event you infringe porttos' or its licensors' intellectual properties.
When a User uploads content to our App (including but not limited to copyright, trademark or other contents), he or she gives a free license to portto to use such content for the purpose of operating our App and providing our services. Users shall guarantee all contents posted or uploaded to the App do not infringe any third party's copyright, trademark and other rights or interest. If such infringement takes place, the User shall be responsible for all civil and criminal liabilities, and portto shall be held harmless and fully indemnified; if any loss occurs to portto, the User shall also liable for damages to portto (including but not limited to attorneys' fee). If any third party informs portto of the foregoing right infringement, portto may remove the content in dispute.
The App provides a digital wallet for virtual digital currency transaction between you and your counterparty. portto is not a party to the contract of such transaction or any other contract between you and your counterparty, and portto bears no legal liability for these contracts. You and your counterparty shall take full responsibility arising from their contract and information regarding your trade. portto is not involved in any User’s transaction, and does not guarantee or otherwise acquiesce to guarantee any performance of such transaction. In the event disputes arise between you and your counterparty, please resolve the matter by yourself; portto will not be involved in such disputes. However, if portto receives complaints or obtains any knowledge regarding any Users involved in fraud, transaction disputes or illegal misconduct, portto has the right to adopt necessary measures to protect the rights of Users and its own rights as well. portto can screen out Users and information or content provided by Users. portto reserves the right to remove any content or information you provide to the App. portto does not ensure Users will be able to consummate transactions.
portto is highly concerned about the security of the App and our services. By registering on ths App, you agree to provide your latest and accurate personal information, and also agree to continue to update such information. You acknowledge you will not allow any others access into your account on the App at any time.
Any intent to or assistance in carrying out misconduct by using an account, whether by using instruction manuals, software or tools will also result in termination of such account. Apart from terminating such account, we may also take further actions to counter such violation.
You are also responsible for the maintenance of the security of your account information, including your password and transaction record. You shall ensure the safety and confidentiality of your login credential, and prevent any unauthorized access to your account. If we learn of any suspicious activity in your account, we will freeze your account, and may request additional information from you, including verification documents, for our further procedures. You are obligated to comply with such safety requests and agree for us to freeze your account. If you learn of any unauthorized use of your account or password, or violation of confidentiality agreement, please inform portto via email [email protected] Any User who violates such rules is subject to termination of the account, and bears the damages and legal liability to portto and its Users.
You agree and acknowledge you will not carry out any forms of criminal conduct by using the App or our services, including but not limited to money laundering, illegal gambling, financing terrorism or malicious hacking activity.
You agree portto has the right to terminate your use of our services, and close your account on the App promptly following the occurrence of any matter set forth below:
- Trying or assisting others to access other Users’ account on the App without authorization;
- Making changes, deleting or demolishing data, content and equipment on the App or causing adverse effect on the App’s business operation by using robot account or other method;
- Modifying, deleting or collecting others’ personal information without authorization by taking advantage of any existing defect of the App, sabotaging or trespassing the security system;
- Carrying out unlawful misconduct, including money laundering, illegal gambling, financing terrorism or other criminal activity;
- Violation of the Terms;
- Defaulting on payment or conducting fraudulent transaction; or
- Difficulties in operation.
Once portto takes legal action at the request of any governmental authority or pursuant to the law, the matter shall be determined at portto’s sole discretion.
You further agree that portto can terminate or suspend access to your account and the App at any time upon its sole discretion. If portto reckons that any User may cause any legal liability, or any User’s conduct does not conform to the purpose of the App (portto has sole discretion on this matter) it can exclude such User from the App by taking legal or technical measures. portto shall not be held liable for unilaterally suspending User’s account or restricting User’s access to the App to any User or third party. Such suspension or restriction shall not affect the Fees payable accrued before such cancellation or suspension and portto shall not be held liable for any loss or damages arising from such cancellation or suspension.
In the event any User engages in fraud or any other unlawful act and is being investigated by the police or other law enforcement or judicial agency,portto will provide transaction records and the personal information (including personal identification card, bank account information that is on record) of the accused to the police or other law enforcement or judicial agency.
portto hereby disclaims all responsibility for any loss or damage arising from or relating to your use of the App (including, but not limited to, risk of losses due to factors beyond its control regarding the viability of any specific blockchain network). Portto further disclaims all responsibility for any loss or damages arising from or relating to any cyber-attacks (including without limitation the theft of your personal information), unprecedented surges in trading volume, any disruption or shut down of the services, or other technical difficulties with respect to the services.
You acknowledge that portto’s data reservation and user verification procedures may change at any time as required by law or according to the latest industry practice. We may not give notices for such changes.
portto grants you a limited, nonexclusive, nontransferable license to access and use the App; however, portto reserves the right to transfer all its rights, interests or obligations under these Terms to any person and these Terms shall continue to be in force and effect for the benefit of the successors and assigns of portto.
You may access and use the App solely for the intended functions of our services and other approved purposes as expressly permitted by portto. Any other use of the App is expressly prohibited.
SECURITY OF THE PLATFORM
You acknowledge that information you store or transfer through Blocto’s services may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, including software failures, protocol changes by third-party providers, internet outages, force majeure event or other disasters including third-party DDOS attacks, scheduled or unscheduled maintenance, or other causes either within or outside portto’s control. You are solely responsible for backing up and maintaining duplicate copies of any information you store or transfer through Blotco’s services.
COMPLIANCE BY USER
You acknowledge and agree that portto is not responsible for determining whether or which laws, rules, or regulations apply or may apply to your transactions (including, without limitation, any anti-money laundering laws, securities laws and tax laws). You acknowledge and agree that you are solely responsible for compliance with all such laws rules, or regulations as may be applicable to your transactions. Without limiting the foregoing, you acknowledge and agree that you are solely responsible for all tax obligations arising from your use of our services. You further acknowledge and agree that portto shall not be liable, whether directly or indirectly, for any of your tax obligations.
You acknowledge and agree that portto’s recordkeeping and Users verification procedures may be, without prior notice, subject to change at any time as required by applicable regulations or state of the art practices.
Applicable law, regulation, and executive orders may require portto to, upon request by government agencies, freeze or suspend Users’ account, or disclose information regarding your accounts. In the event such disclosure is compelled, you agree that portto may disclose information regarding your accounts. While portto will endeavor to, where commercially reasonable, give you prior notice of such disclosure, portto makes no guarantees that such prior notice will be made.
Your use of the Blocto may be subject to additional third party terms and conditions that govern that application marketplace from which you downloaded the App, such as iTunes. Such third parties are not responsible for providing maintenance and support services with respect to the App.
The following terms apply if you downloaded an App from Apple's App Store. You agree and acknowledge as follows:
These Terms are concluded between yourself and us, and not with Apple Inc. ("Apple"). Apple is not responsible for the App. In the event of a conflict between these Terms and the App Store Terms of Service then the App Store Terms of Service will prevail, solely with respect to the conflicting provisions.
The license granted to you for the App is limited to a non-transferable license to use the App on any iOS Products that you own or control, and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such App may be accessed, acquired, and used by other accounts associated with the purchaser via Family Sharing.
In the event of a failure to conform to any applicable warranty (if any warranty is applicable), you may notify Apple, and Apple will refund the purchase price for the App to you (if you paid any). Apple has no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, will not be at Apple's responsibility.
Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the App or your possession and use of the App infringes that third party's IP Rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such infringement claim.
You must comply with applicable third party terms of agreement when using the App (e.g. you must not be in violation of your wireless data Services agreement when you use the App).
Apple and Apple's subsidiaries are third party beneficiaries of these Terms. Upon Your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
THIRD PARTY PLATFORMS
Blocto may interface with third party services and platforms ("Third Party Platforms"). For example, you may "share" your activity on Blocto and invite your friends to use Blocto through social network Third Party Platforms. Other Third Party Platforms may provide you the ability of purchasing crypto with fiat currency.
The following terms apply to services provided by Third Party Platforms.
- Use of these Third Party Platforms is governed by their respective terms of service, not by these Terms. You bear the sole and exclusive responsibility for accepting and complying with those other terms of service.
- The responsibilities, obligations and liabilities of Third Party Platforms are as indicated in their respective terms of service.
This App may provide content of a third party or links to other external links, which may link to websites operated or marketed by other businesses. However, this does not imply that portto is associated with such businesses. portto does not control and endorse or guarantee the accuracy and intactness of the contents of a third party and its websites. portto is not responsible for the contents, privacy policies and practices of third-party websites. You shall bear any direct or indirect damages or losses arising out of your reliance on any content, product or services of such website or source, and portto is not liable for such losses. Portto has no obligation to ensure that the links lead to completely risk-free websites. Sites other than this App may involve legal or other actual risks and you should take precautions to ensure that the website you opt to use is free of viruses, malicious programs, or other similar programs.
Terminating your account. You may, at any time, request to terminate your account by contacting us at [email protected].
Upon termination of these Terms or your account, your right to use Blocto is terminated and you must immediately cease using Blocto.
Termination from idleness. Blocto reserves the right to terminate your account if you have been inactive for more than 30 days.
Effects of Termination. Upon termination, your user account will be cancelled.
Terminating the operation of Blocto. We may at any time discontinue or terminate the operation of Blocto, or any part thereof, temporarily or permanently, for all users, or for certain users, without any liability to you. If we do so on our own accord and not as a result of your violation of these Terms, we will notify you in advance before such termination.
CHANGES AND AVAILABILITY
Changes on Blocto. We may, at any time and without prior notice change the layout, design, scope, features or availability of Blocto. We may also remove user content if we deem it necessary for operational reasons.
Availability. The availability, functioning, quality and functionality of Blocto depend on various factors, including software, hardware and communication networks, which are provided by third parties, at their responsibility. These factors are not fault-free.
Changing these Terms. We may revise these Terms (beyond the terms, rules and policies explained in our user guide), in whole or in part, at any time by notifying you of the amended Terms ahead of time. Your continued use of Blocto after the effective date of the amended Terms constitutes your consent to the amended Terms.
DISCLAIMER OF WARRANTY
BLOCTO IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND PORTTO RESERVES THE RIGHT TO PARTIALLY OR COMPLETELY MODIFY THE CONTENTS OF THE SERVICES ON THE APP AT ANY TIME. WE AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS AND AFFILIATES (THE "STAFF") DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO BLOCTO, ITS CONTENT, THE FEES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY, ACCURACY, ENHANCED GOODWILL OR EXPECTED BENEFITS.
WE DO NOT WARRANT THAT (1) BLOCTO WILL OPERATE UNINTERRUPTEDLY, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS IN ANY WAY; (2) BLOCTO WILL ALWAYS BE AVAILABLE OR FREE FROM MALWARES, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS; (3) THE QUALITY OF BLOCTO AND THE CONTENT AVAILABLE THROUGH IT, WILL MEET YOUR EXPECTATIONS; (4) THE CONTENT PRESENTED ON BLOCTO WILL BE ACCURATE, BENEFICIAL OR RELIABLE; (5) THE RESULTS OF USING BLOCTO WILL BE SATISFACTORY AND WILL FIT YOUR EXPECTATIONS OR REQUIREMENTS.
NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF BLOCTO, OR THE CONTENT PRESENTED ON, OR THROUGH, BLOCTO, WHETHER OR NOT MADE BY ANY OF OUR STAFF, WHICH IS NOT EXPRESSLY CONTAINED IN THESE TERMS, SHALL BE DEEMED TO BE A WARRANTY BY THE INVOLVED PERSONS FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF OUR STAFF WHATSOEVER.
PORTTO DOES NOT OWN OR CONTROL ANY OF THE UNDERLY SOFTWARE THROUGH WHICH ASSETS ARE CREATED AND TRANSACTED, SUCH AS BLOCKCHAIN TECHNOLOGY. PORTTO DOES NOT MAKE ANY GUARANTEE OF THE FUNCTIONALITY, SECURITY OR AVAILABILITY OF SUCH SOFTWARE OR TECHNOLOGY.YOU AGREE AND ACKNOWLEDGE THAT THE USE OF BLOCTO IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
Users acknowledge and agree that all tax liabilities associated with the transaction of Assets shall be borne by the parties thereto in accordance with relevant laws, and portto does not provide any law or tax advice. In addition, given that tax laws and regulations may be updated at any time, Users shall immediately seek professional advice should he or she encounter any doubt. All tax related issues that you come across during transactions with Blocto wallet are dealt in accordance with applicable laws. At the request of the tax authorities, portto shall provide the information of Users or withhold taxes of same.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR STAFF, SHALL NOT BE LIABLE, FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY SIMILAR DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE CONTENT, THE FEES, THE USE OF, OR THE INABILITY TO USE BLOCTO OR ITS FEATURES, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF BLOCTO, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF, OR FROM YOUR RELIANCE ON CONTENT AVAILABLE ON BLOCTO, OR FROM ANY COMMUNICATION THROUGH BLOCTO, OR WITH OTHER USERS ON BLOCTO, OR FROM ANY DENIAL OR CANCELATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON BLOCTO.
IN ANY EVENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL, MAXIMUM AND AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES SHALL BE LIMITED TO HALF THE FEES YOU PAID US (IF ANY) IN THE TWELVE MONTHS PRECEDING THE EVENT PURPORTEDLY GIVING RISE TO THE CLAIM.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, WE WILL BE FULLY RELEASED FROM OUR OBLIGATIONS AND LIABILITY TO YOU IF YOU HAVE BREACHED THESE TERMS, ANY OTHER TERMS, RULES OR REGULATIONS APPLICABLE TO BLOCTO, OR IF THROUGH YOUR USE OF BLOCTO, YOU INFRINGED OR VIOLATED ANY OTHER PERSON'S RIGHTS.
To the maximum extent permitted by law, you will indemnify and hold harmless at your own expense, us, our Staff and anyone acting on our behalf, from and against any damages, costs and expenses, resulting from any claim, allegation or demand, connected with your use of Blocto, your breach of these Terms or infringement of any other person's rights.
Portto may cease to provide relevant services in cases of force majeure, changes in the law or policies or other factors beyond portto’s control that result in portto’s failure to perform the services of this App.
You consent to portto informing you of any notifications concerning the Terms and any other agreements, announcements, or any issues regarding your use of the account or services of this App through electronic means, such as by e-mail, posting on this App or a partner’s website or by wireless communication devices, etc. You agree the notice has been served on the date which this notice is transmitted through electronic means. Portto is not liable for any failure to receive such notice on the date of transmission that results from information transmisitession or other reasons.
GOVERNING LAW, JURISDICTION
Regardless of your place of residence or where you access or use Blocto from, these Terms and your use of Blocto will be governed by and construed solely in accordance with the laws of Taiwan.
Taipei District Court will have exclusive and sole jurisdiction over any dispute, claim or controversy relating to Blocto or with respect to any matter relating to these Terms. You hereby expressly consent to personal jurisdiction in Taiwan and expressly waive any right to object to such personal jurisdiction or the non-convenience of such forum.
Notwithstanding the foregoing, we may lodge a claim against you pursuant to the indemnity clause above in any court adjudicating a third party claim against us.
Assignment. You may not assign or transfer your rights and obligations under these Terms without our prior written consent. Any attempted or actual assignment by you, without our prior written consent, shall be null and void.
Changes in ownership. In the event of M&A, we may, upon notice to you and without obtaining your consent, assign and delegate these Terms, including all of our rights, performances, duties, liabilities and obligations contained herein, to a third party.
Severability. If any provision of these Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law to reflect as closely as possible, the original intention of that provision, and the remaining provisions of these Terms shall continue to remain in full force and effect.
Interpretation. The section headings in these Terms are included for convenience only and shall take no part in the interpretation or construing of these Terms. Whenever used in these Terms, the term "Including", whether capitalized or not, means without limitation to the preceding phrase. All examples and e.g. notations are illustrative, not exhaustive.
Entire agreement. These Terms constitute the entire agreement between you and us concerning the subject matter herein, and supersede all prior and contemporaneous negotiations and oral representations, agreements and statements.
Waivers. No waiver, concession, extension, representation, alteration, addition or derogation from these Terms by us, or pursuant to these Terms, will be effective unless consented to explicitly and executed in writing by our authorized representative. Failure on our part to demand performance of any provision in these Terms shall not constitute a waiver of any of our rights under these Terms.
Relationship. These Terms do not create any agency, partnership, employment or fiduciary relationship between you and us.
At any time, you may contact us with any question, request, comment or complaint that you may have with respect to Blocto or these Terms at [email protected].
Effective Date: October 1, 2019