PHINX PTE. LTD. and its associated entities ("we", "us", "our") offer their software services via our website at phinx.io, our associated mobile applications, and other products (collectively referred to as the "Services" or "Phinx Wallet"). We strongly advise you to review the Terms of Service (the "Terms") thoroughly, along with any other policies or notices provided on our website and mobile applications before using our Services.
For an understanding of how we gather, utilize, and disclose information from our users, please refer to our Privacy Policy at phinx.io. You recognize and agree that your use of the Services is conditional upon, and that we can gather, use, and/or disclose your information (including any personal data you provide to us) in accordance with our Privacy Policy.
You must be at least 18 years of age to use the Services. If you are at least 13 years old but under 18 years old, you may only use the Services through a parent or guardian’s account and with their approval or oversight. That account holder is responsible for your actions using the account. It is prohibited to use our Service if you are under 13 years old. You must not attempt to access or use the Services if you are not permitted to do so, whether by law or under these Terms. By using the Services, you affirm, represent and warrant that you have the right, authority and capacity to enter into these Terms, you meet all of the eligibility requirements, and your access and use of the Services shall not violate any applicable laws including those in your jurisdiction.
To qualify to use Phinx Wallet: (i) you must be at least eighteen (18) years old and possess the legal capacity to agree to these Terms; (ii) you should not reside in jurisdictions that are subject to any trade embargoes, UN Security Council Resolutions ("UNSCR"), or HM Treasury's financial sanctions regime; and (iii) you must not be currently the subject of or under economic sanctions such as the United Nations Security Council Sanctions List, the list of specially designated nationals maintained by OFAC, the denied persons or entity list of the U.S. Department of Commerce or any similar list maintained by any other relevant sanctions authority. If you are utilizing our Services on behalf of a legal entity, you further represent and warrant that: (iv) the legal entity is duly organized and legally existing under the applicable laws of the jurisdiction of its organization; and (v) you are properly authorized by such legal entity to act on its behalf. You can only use our Services if allowed under the laws of your jurisdiction. Please be aware that you are not permitted to use our Services if you are situated in, or a citizen or resident of any state, country, territory, or other jurisdiction where your use of our Services would be illegal or otherwise violate any applicable laws. Ensure that these Terms comply with all laws, rules, and regulations that apply to you. You agree to use our Services only with funds that have been legally obtained and rightfully belong to you. By utilizing Phinx Wallet, you represent and warrant that you meet all eligibility requirements that we outline in these Terms. We reserve the right to deny access to or use of Phinx Wallet to anyone at our discretion, and we may change our eligibility criteria at any time.
If you access or use DApps or DEX, including, without limitation, DApp functionality embedded within the Services like the Trade/Swap Digital Assets function, you acknowledge and agree that: (i) Phinx Wallet is not responsible for your access or use of DApps or DEX and shall not be held liable in any way in connection with your use of DApps or DEX, including, without limitation, any transactions you dispute; (ii) the limits of amounts that you may exchange via DEX per day shall be subject to any requirements of the third-party developed Smart Contracts; (iii) blockchain operations are irrevocable, meaning when you conduct any transactions via DApps or DEX, you shall be solely responsible for the consequences of any issues associated with such transactions, including, without limitation, your transfer to an incorrect address or problems associated with the node servers selected by you; (iv) when you use DApps or DEX, third-party developed Smart Contracts may charge you handling fees and/or service fees and any information displayed on Phinx Wallet relating to such fees are for your reference only as Phinx Wallet cannot and does not guarantee its accuracy, applicability, reliability, integrity or appropriateness, nor shall Phinx Wallet be liable for any loss or damage that may be caused directly or indirectly by your use of these contents; and (v) Phinx Wallet does not currently charge any service fees or handling fees for the use of DApps or DEX, however, Phinx Wallet may, at its discretion, charge such fees in the future. Any updated fees will apply to any transaction that occurs following the effective date of the updated fees.
All proposed Digital Asset transactions must be confirmed and recorded in the Digital Asset's associated public blockchain to be completed. These networks are decentralized, peer-to-peer networks supported by independent third parties, which we do not own, control, or operate. We have no control over the blockchain networks and, therefore, cannot and do not ensure that any transaction details that you submit via our Services will be confirmed and processed. By using Phinx Wallet, you acknowledge and agree that: (i) we do not have the ability to cancel or otherwise modify your transaction; (ii) the transaction details you submit may not be completed, or may be substantially delayed, by the applicable blockchain networks; (iii) we do not store, send, or receive Digital Assets; and (iv) any transfer that occurs in relation to any Digital Asset occurs on the relevant blockchain network and not on a network owned by us and therefore we do not guarantee the transfer of title or right in any Digital Asset.
Accuracy of User-Provided Information
You affirm and guarantee that any information you provide through the Services is accurate and complete. You acknowledge that we are not accountable for any errors or omissions made by you in relation to any Digital Asset transaction initiated through the Services. We highly recommend that you carefully review your transaction details before attempting to transfer a Digital Asset.
Wallet Registration and Security
To utilize Phinx Wallet, you must either import or create a wallet. When you create a wallet, you will receive a private key. You agree to promptly inform us of any unauthorized use of your private key or any other security breach related to your wallet. Nonetheless, you acknowledge and accept that you assume all risks associated with using the Services, and you are solely responsible for maintaining the confidentiality and security of your private key. When creating a wallet, it is strongly advised that you take precautions to prevent the loss of access to and control over your wallet. Recommended measures include, but are not limited to:(a) Creating a strong and unique password that is not used for any other purpose, separate from your phone password or other website passwords.(b) Avoiding storing the private key and Secret Phrase in plain text online or in an insecure physical location.(c) Restricting access to your devices and wallet.(d) Taking necessary precautions against malware on your devices and networks.(e) Promptly notifying us if you discover or suspect any security breaches related to your wallet.Despite any contrary provisions stated herein, we shall not be liable for any activities that occur in your wallet, whether authorized or unauthorized.
Push Notifications
You have the option to receive push notifications from Phinx Wallet, which will alert you when blockchain networks supported by Phinx Wallet are congested or when transactions involving your wallet have been completed. If you wish to receive push notifications, you must opt in to the service by accessing "Settings" and enabling "Push Notifications."
Payment and Fees
Any applicable fees for the Services or its components will be specified on phinx.io and/or the Phinx Wallet mobile application.
Transaction Fees
Virtual currency transactions may incur transaction fees (e.g., mining fees) required by the virtual currency system or blockchain network you are engaging with. It is your responsibility to ensure that you have a sufficient balance in your wallet and/or "gas" to complete transactions before initiating them. You acknowledge and agree that we will not be liable for any failed transactions or losses you incur due to incorrectly set transaction fees (i.e., too low or too high) or due to insufficient funds or gas associated with your wallet address. Furthermore, you acknowledge and agree that we do not have access to your or anyone else's transactions.
Taxes
It is your responsibility to determine whether any taxes apply to the transactions you have submitted via the Services, and it is your duty to report and remit the correct tax to the relevant tax authority. You agree that we are not responsible for determining the applicability of taxes to your transactions or for collecting, reporting, withholding, or remitting any taxes arising from any Digital Asset-related transactions.
Third Party Services and Content
Any description or reference to a third party's product or service (including, but not limited to, providing a description or reference via hyperlink) should not be construed as an endorsement or promotion of such third party products or services by us. We reserve the exclusive right to add, modify, or cancel the availability of any Third Party Service. You may choose to receive push notifications from Third Party Content providers, but you must opt in to the service. Push notifications for Third Party Content will not be enabled on your device by default. We do not control, endorse, or adopt any Third Party Content shared through push
You acknowledge and agree that we have no control over and no duty to take any action regarding failures, disruptions, errors, or delays in Digital Asset processing, hardware or software failures, Internet connection issues, malicious software, unauthorized access to your wallet information, or vulnerabilities in blockchain networks. We are released from all liability related to any losses, damages, or claims arising from user error, server failure, unauthorized access, software bugs or errors, or unauthorized third-party activities. We make no representations concerning Third Party Content accessed through our Services, and any terms, conditions, warranties, or representations associated with such content are solely between you and the relevant parties.
Limitation of Liability
To the maximum extent permitted by applicable law, we, our affiliates, and our respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers, and contractors will not be liable for any direct damages or incidental, indirect, special, punitive, consequential, or similar damages or liabilities whatsoever arising from your access or use of the Services. This includes unauthorized use of your wallet address or private key due to your failure to maintain their confidentiality, interruptions or cessation of transmission, bugs, viruses, or similar issues in the Phinx Wallet software, actions or omissions resulting from your communications with us, human errors, technical malfunctions, failures, omissions, interruptions, deletions, defects, or any other matter related to the website, Phinx Wallet application, or the Services. Our liability to you for all damages (other than those required by applicable law in cases involving personal injury) shall not exceed one hundred U.S. dollars ($100.00) or its equivalent in the local currency of the applicable jurisdiction. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
Warranty Disclaimer
Phinx Wallet is provided "as is" and "as available," and we disclaim all representations and warranties, express or implied, relating to the Services, underlying software, or any aspect of the information, content, or the Services. This includes warranties of merchantability, fitness for a particular purpose, title, non-infringement, freedom from computer virus, and any implied warranties arising from course of dealing, course of performance, or usage in trade. We do not represent or warrant that the content accessible via the Services is accurate, complete, available, current, free of viruses or other harmful components, or that the results of using the Services will meet your requirements. We do not make any representations or give warranties that the access to Phinx Wallet or use of the Services will be continuous, uninterrupted, timely, or error-free. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.
Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless us, our affiliates, and our respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers, and contractors from any and all claims, damages, obligations, losses, liabilities, torts, costs or debt, and expenses (including attorney's fees) arising from your use of the Services, any feedback or submissions you provide concerning Phinx Wallet, violation of any Third Party Content, violation of the Terms, or violation of any law, rule, or regulation or the rights of any third party.
Time Limitation on Claims
Any claim arising out of or related to your relationship with us must be filed within one year after such claim arises, otherwise, your claim is permanently barred.
Governing Law
Regardless of your location, the laws of the Singapore will govern these Terms and the parties' relationship. Any disputes arising from the use of the Services or the breach of these Terms shall be subject to the exclusive jurisdiction of the federal or state courts in Singapore. The parties waive any objections based on lack of personal jurisdiction, place of residence, improper venue, or forum non conveniens in any such action.
Note to International Users
If you access or use our Services from a region with different data protection laws, please be advised that we do not collect or process your personal data, except as provided in our Privacy Policy.
Termination
In the event of termination of your license to use Phinx
Our failure to exercise or delay in exercising any right, power, or privilege under this Agreement shall not be deemed as a waiver. Any waiver of a right or provision shall be effective only if it is in writing and signed by a duly authorized representative of our company. Except as expressly stated in this Agreement, the exercise of any remedy by either party shall not prejudice any other remedies available under this Agreement or otherwise.
We shall not be held liable for any delays, failures in performance, or interruptions of service that result directly or indirectly from causes or conditions beyond our reasonable control. Such causes or conditions include, but are not limited to, acts of God, civil or military authorities, acts of terrorism, civil or industrial disturbances, blockages, embargoes, war, strikes or other labor disputes, fire, earthquakes, storms or other natural events, interruptions in electrical or telecommunications services, failure of hardware or software, utility failures, smart contract bugs or weaknesses, technological changes, changes in interest rates or monetary conditions, changes to blockchain-related protocols, or any other occurrences beyond our reasonable control. The validity and enforceability of the remaining provisions shall not be affected by such force majeure events. If we are unable to provide the Services outlined in these Terms due to factors beyond our control, including force majeure events or changes in applicable laws or sanctions
We will provide any notices or other communications regarding these Terms, including modifications to them, by posting them on the Services or through other electronic means. You agree and consent to receive all communications, agreements, documents, notices, and disclosures electronically from us in connection with your account and use of the Services.
This Agreement constitutes the complete understanding and agreement between the parties with respect to the subject matter herein and supersedes all prior discussions, agreements, and understandings, whether written or oral, of any kind (including any previous versions of the Terms) relating to such subject matter. Any modifications to these Terms must be in writing and signed by both parties, except as otherwise provided herein.
When you access or utilize any or all of our Services, you explicitly confirm that (i) you have read and comprehend these Terms; (ii) you consent to be bound by these Terms; and (iii) you possess the legal competence to agree to these Terms. If you do not consent to be bound by these Terms or any future changes or updates to these Terms, you should refrain from accessing or using our Services. PLEASE NOTE, WE DO NOT OFFER INVESTMENT, FINANCIAL ADVICE, OR CONSULTING SERVICES. WE ARE THE EXCLUSIVE PROVIDERS OF PHINX WALLET AND DO NOT PROVIDE COUNSEL OR SUGGESTIONS REGARDING PARTICIPATION IN DIGITAL ASSET TRANSACTIONS OR OPERATIONS. ANY DECISIONS TO PARTICIPATE IN TRANSACTIONS OR CONDUCT OPERATIONS INVOLVING DIGITAL ASSETS SHOULD BE MADE AT YOUR SOLE DISCRETION.
We retain the right to revise or modify these Terms at any given time at our sole discretion. If we do so, we will notify you by posting the updated Terms on our website, on our mobile application, or through any other reasonable means of communication. Such updated Terms will become effective immediately upon posting, unless stated otherwise. We recommend that you regularly visit our website to stay informed of any changes and decide whether to accept the updated version of these Terms. If you continue to use Phinx Wallet following any update or modification of the Terms, you will be deemed to have accepted the updated Terms. If you do not agree to the Terms or any update or modification to the Terms, you should discontinue accessing or using our Services. As our Services continue to evolve, we reserve the right to modify or terminate all or any part of the Services, at any time without prior notice, and at our sole discretion.
Phinx Wallet functions as non-custodial wallet software for digital assets like cryptocurrencies, virtual commodities, and NFTs ("Digital Assets"). This implies that you are the sole controller and bearer of responsibility for your Digital Assets and private keys, enabling you to authorize transactions from your wallet address. You recognize and agree that being a non-custodial wallet software, Phinx Wallet places the responsibility of all activities and potential loss risks solely on you.Phinx Wallet provides you the ability to:generate wallet addresses and associated private keys, which can be used to send and receive digital assets;gain access to third-party decentralized applications ("DApps") and third-party decentralized exchanges ("DEX") via the mobile application's native integration;exchange digital assets through DApp functions provided by third-party service providers;stake specific digital assets in third-party dapps using Earn ("Earn Feature");view digital asset price information provided by third-party service providers; andbroadcast Digital Asset Transaction data to various blockchains supported by Phinx Wallet, without the need to download or install the corresponding blockchain-based software on your device.Wallet Address, Private Key, and Backup CapabilitiesA backup of certain wallet-related information can be stored on eligible devices in an encrypted format. The private key is tied to the wallet address and, together, they can be used to authorize the transfer of Digital Assets to and from that wallet address. You bear sole responsibility for safeguarding and retaining your private key and any mnemonic phrase ("Secret Phrase") associated with your wallet. It is critical that you secure your wallet address, Secret Phrase, and private key access information. Backing up your private keys, backup phrases, or passwords is highly important. If you fail to do this, you might lose control of the Digital Assets associated with your wallet. You acknowledge and agree that we do not receive or store your wallet password, encrypted private key, unencrypted private key, or Secret Phrase associated with your wallet. We are unable to generate a new password for your wallet if you forget your original password. If you haven't safely stored a backup of any wallet addresses and private key pairs in your wallet, you accept and acknowledge that any Digital Assets associated with such wallet addresses will become inaccessible. Therefore, we shall not be held responsible or liable in any way if you are unable to access your wallet due to reasons including, but not limited to, your failure to secure your wallet address, Secret Phrase, and private key information.
If you utilize the Staking Service, a third party may stake certain Digital Assets on your behalf ("Staked Digital Assets"), acting as a transaction validator on the applicable blockchain network. If a block of transactions is successfully validated using such Staked Digital Assets, a reward is granted by that network ("Staking Reward"). You acknowledge and agree that Phinx Wallet is not responsible for: (i) your use of the Staking Service and shall have no liability whatsoever in connection with your use of the Staking Service; (ii) ensuring Staking will occur on a continuous basis; and (iii) ensuring any particular Digital Asset will be staked or will continue to be staked.Buy Digital Assets with Supported Credit or Debit CardsIf you use Phinx Wallet to purchase Digital Assets with your credit or debit card, a third party will convert your chosen amount into the applicable Digital Asset and credit it to your wallet. You acknowledge and agree that: (i) Phinx Wallet is not responsible for your use of such third party service and shall have no liability whatsoever in connection with your use of such service; (ii) you will be subject to any terms and conditions imposed by the relevant third party service provider; (iii) Phinx Wallet has no ability to change, withdraw or cancel any conversion requests you place; (iv) Phinx Wallet is not responsible for any exchange rates offered by the relevant third party service provider(s); and (v) Phinx Wallet is not responsible for any fees charged by the relevant third party service provider(s) or your bank or credit card issuer(s).
License
Subject to your agreement to and compliance with the present Terms, we grant you a non-exclusive, non-sublicensable, and non-transferable license to use Phinx Wallet solely for your personal use or internal business use. Unless expressly permitted in these Terms, you are prohibited from: (a) reproducing, modifying, adapting, or creating derivative works of any part of Phinx Wallet; (b) renting, leasing, distributing, selling, sublicensing, transferring, or providing access to Phinx Wallet; (c) using Phinx Wallet for the benefit of any third party; (d) incorporating Phinx Wallet into a product or service provided to a third party without our prior written consent; (e) circumventing any mechanisms in Phinx Wallet designed to restrict your use; (f) reverse engineering, disassembling, decompiling, translating, or seeking to obtain or derive the source code, including images and texts, underlying ideas, algorithms, file formats, or non-public APIs to Phinx Wallet, except to the extent expressly permitted by applicable law (and only upon providing advance notice to us); (g) removing or obscuring any proprietary or other notices contained in Phinx Wallet; (h) using Phinx Wallet for competitive analysis, as part of any other software or project, or to develop competitive products of any kind.
Feedback
You may choose to provide feedback to us from time to time. In connection with Phinx Wallet, we have the freedom to use, copy, disclose, license, distribute, and exploit any feedback without any obligation, royalty, or restriction based on intellectual property rights or otherwise. Your feedback will not be considered confidential, and our right to independently use, develop, evaluate, or market products or services, with or without incorporating feedback, remains unaffected.
Content
Phinx Wallet may contain copyrighted material and trademarks, including text and graphics (referred to as "Content"), which are protected by copyright law, registered and unregistered trademarks, and other intellectual property rights. Unless otherwise stated, we exclusively own the Content. Your use of Phinx Wallet does not grant you any right, title, or interest in the Content. You agree not to copy, reproduce, modify, republish, upload, post, transmit, distribute, collect, sell, license, create derivative works from, or exploit any part of the Content, whether manually or automatically, in whole or in part.
License to NFT Content
Phinx Wallet may allow you to store non-fungible tokens ("NFTs"). By storing NFTs on Phinx Wallet, you represent and warrant that you have legal ownership or authorized rights to the associated content of the NFTs ("NFT Content"). You retain all rights to the NFT Content stored on Phinx Wallet, except for the rights expressly granted herein. By using Phinx Wallet, you grant us a license to access, use, host, cache, store, copy, reproduce, transmit, display, publish, distribute, adapt, and modify the NFT Content for operational and service purposes. We do not monitor the NFTs and NFT Content stored on Phinx Wallet for infringement of third-party intellectual property rights. Therefore, we assume no liability for any content provided by you. It is your sole responsibility to conduct necessary due diligence for all activities related to NFTs, and you agree not to rely on any statements or representations made by us regarding any NFT transfer or interaction. In the event of a dispute concerning NFTs or NFT Content, you release us from any claims, demands, and damages arising from or connected to such disputes. By agreeing to this release, you expressly waive any protections that would otherwise limit the coverage of this release, including claims that you may know or suspect to exist in your favor at the time of agreeing to this release.
Your Use of Phinx Wallet
You agree not to violate any laws while using our Services, including local, provincial, state, federal, national, or international laws applicable to you. You agree not to engage in any illegal activities, including but not limited to illegal trade, illegal gambling, fraud, money laundering, or terrorist activities, using our Services. If we discover that you have violated these Terms or any applicable laws or regulations, including the Bank Secrecy Act, we reserve our rights and remedies under these Terms and the law and will take necessary actions against you. Additionally:You will not encourage or induce any third party to engage in prohibited activities.You will not impersonate someone or use another user's wallet without authorization, nor disrupt or negatively affect other users' enjoyment of Phinx Wallet.You will not distribute any viruses or harmful computer code through Phinx Wallet.You will not take actions that unreasonably burden our infrastructure or bypass measures intended to restrict access to the Services.You will not violate the rights of Phinx Wallet, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights.We have the discretion to take necessary actions without notice if you breach these Terms, although we are not obligated to monitor user content. Any use of Phinx Wallet not authorized in these Terms is strictly prohibited, and we reserve the right to terminate your license to use Phinx Wallet immediately without notice. You acknowledge and accept that you may be exposed to offensive, indecent, or objectionable content while using the Services, and we hold no responsibility or liability for any user content, including any loss or damage to your user content.
We reserve the right, at our sole discretion and without any cost to you, to modify or discontinue any portion of our Services, temporarily or permanently, with or without prior notice. It is your responsibility to store a backup of any wallet address and private key pair associated with your wallet outside of our Services. By maintaining an external backup, you can ensure access to the blockchain network on which your wallet is secured and fully restore your wallet at any time without incurring any cost or loss of your Digital Assets. If you fail to maintain a backup of your wallet data outside of our Services, you will be unable to access the Digital Assets associated with your wallet. Phinx Wallet shall not be held liable for any loss of Digital Assets in the event of the discontinuation of all or any part of our Services.
If any part of this Agreement is found to be invalid, void, or unenforceable, that particular term shall be considered severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of such term shall not affect the validity or enforceability of the remaining provisions of that term, clause, or provision, or any other terms, clauses, or provisions of these Terms.
The parties agree to resolve any disputes arising from this Agreement or your use of the Services through arbitration on an individual basis. Arbitration prevents you from filing a lawsuit in court or having a jury trial. The parties explicitly waive their right to a trial by jury. The arbitration shall take place in San Francisco, California, and be conducted confidentially by a single arbitrator in accordance with the rules of the American Arbitration Association for consumer-related disputes. The arbitration proceedings will be conducted in English, with limited discovery. Hearings may be conducted in person or by telephone at your request, and the arbitrator may decide motions on briefs without oral hearings. Except for class procedures and remedies, the arbitrator has the authority to grant any remedy available in court. The prevailing party in any action or proceeding to enforce these Terms shall be entitled to costs and attorneys' fees. The arbitral decision may be enforced in any court. Regardless of whether the dispute is heard in arbitration or court, both you and Phinx Wallet agree not to initiate or participate in a class action, class arbitration, or any representative action or proceeding against the other.
You acknowledge and agree that we have the right to assign any of our rights and transfer, subcontract, or delegate any of our obligations under these Terms without providing notice or obtaining consent from you. These Terms are binding upon and will benefit the parties, their successors, and permitted assigns. Your agreement to these Terms is personal to you, and you are not permitted to transfer or assign it to any third party.
You agree that, unless expressly provided otherwise in these Terms, no third party shall have any rights or benefits under these Terms.
If you have any questions regarding these Terms, your rights and obligations under these Terms, your use of Phinx Wallet and our Services, or any other matters, please contact us by sending a message through our contact page at support@phinx.io.
