User Terms and Conditions – HAQQ Non-Custodial Wallet (ISLM Coin Wallet)

These terms and conditions govern the relationship between HAQQ Wallet and the end user of the HAQQ Wallet. The terms and conditions within this document cover topics and areas of law that are tangential and directly related to the services being provided though the HAQQ Wallet.

By accessing, using, or attempting to use HAQQ Wallet, either directly, indirectly, or impliedly in any capacity, you acknowledge that you accept and agree to be bound by these Terms.

Please read the terms carefully as they govern your use of the HAQQ Wallet.

THESE TERMS CONTAIN PROVISIONS THAT ARE CENTRAL TO YOUR RELATIONSHIP WITH THE HAQQ WALLET, AS AN END USER.

Table of Contents:

1. Legal Scope
2. Defining a Non-Custodial Wallet
3. User Interface
4. Use of Services – Accessibility
5. KYC Onboarding and User Obligations
6. Intellectual Property
7. Representations and Warranties
8. Variation
9. Limitation Period for Raising Claims
10. Severability
11. Miscellaneous
12. Force Majeure
13. Termination and Service Discontinuation
14. Applicable Law and Legal Jurisdiction
15. Entire Agreement Clause
16. Contests Rules
  1. These terms and conditions (“Terms and Conditions”) apply to the contractual relationship between the HAQQ wallet users (“Customer(s)”, “user” or “you”) and the HAQQ Wallet (“HAQQ” or “us”) with respect to the non-custodial ISLM wallet (“Crypto Wallet”) which is accessible via the HAQQ Mobile App. The HAQQ Mobile App shall hereinafter be referred to as the “HAQQ Mobile App”.
  2. The business relationship between the Customer and HAQQ is subject to HAQQ’s general terms and conditions(“HAQQ’s General T&Cs”).
  3. HAQQ does not give tax, investment, legal, or other professional advice by allowing you to use the Services, or any ancillary investment related advice. Prior to engaging in any transaction or investment activity, you should consult a qualified professional. You acknowledge that (a) you are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for you; (b) you are familiar with the operation of Digital Assets and have the experience required to use the Services; and (c) you are responsible for determining whether using the Services is legal in your jurisdiction and you shall not use any of the Services if such use is deemed illegal.

Defining a Non – Custodial Wallet

  1. A non-custodial wallet can be described as one where only the primary user will have access to their private keys. In further, the primary user maintains and retains full responsibility over the security of their wallets.
  2. In further, being non-custodial in nature the HAQQ operations team cannot operate, manage or process any data in relation to the primary’s user’s wallet.

User Interface

  1. HAQQ offers the Customer the possibility of opening and administering a Crypto Wallet for the storage of primarily ISLM coin and other Ethereum blockchain supported virtual coins via the HAQQ App. The Customer can order deposit, withdrawal, and transfer transactions with respect to cryptocurrency in the Crypto Wallets via the HAQQ Apps.
  2. The HAQQ Wallet is only capable of supporting certain Digital Assets, as designated by us. You may not attempt to store any Digital Assets in your Wallet which we do not support.
  3. HAQQ reserves the right to change or cancel the offered services or supplement them with additional services. In particular, HAQQ reserves the right to cease supporting Crypto Wallets. When changing or cancelling offered services, HAQQ will consider the Customer’s legitimate interests while taking other relevant factors into account.

Use of Services – Accessibility

  1. HAQQ Wallet grants the user a revocable, limited, nonexclusive, non-transferable license to access and use the Services. Your access and use of the Services is conditioned on your compliance with this Agreement.

KYC Onboarding and User Obligations

  1. The user by registering to use a HAQQ Wallet account, represent and warrants that: (i) as an individual, you are at least 18 or are of legal age to form a binding contract under applicable laws; (ii) as an individual, legal person, or other organization, you have full legal capacity and sufficient authorizations to enter into these Terms; (iii) The user has not been previously suspended or removed from using either HAQQ Wallet or other reputable crypto wallet providers for legitimate reasons; (iv) The user is not resident, located in or otherwise attempting to access the HAQQ Wallet or its services from, or otherwise acting on behalf of a person or legal entity that is resident or located in, a Restricted Location. A restricted location would be defined on the basis and parameters set out by the national GPM of each country.
  2. If the user is either or acts on behalf of an employee or agent of a legal entity, and enters into these Terms on their behalf, they represent and warrant that you have all the necessary rights and authorizations to bind such legal entity and to access and use the HAQQ Wallet and its services on behalf of such legal entity.
  3. The user agrees that its use of either HAQQ Wallet or its services will not violate any and all laws and regulations applicable to you or the legal entity on whose behalf you are acting, including but not limited to regulations on anti-money laundering, anti-corruption, and counter-terrorist financing.
  4. The user shall be responsible for informing itself about and observing any restrictions and/or requirements imposed with respect to the access to and use of the HAQQ Wallet in each country from which the HAQQ Wallet and its services are accessed by you or on your behalf. HAQQ platform reserves the right to change, modify or impose additional restrictions with respect to the access to and use of the HAQQ platform and its services from time to time at their discretion at any time without prior notification.
  5. The HAQQ user account can only be used by the account user, i.e. whose credentials appear in the onboarding scheme of the said account. To this note, HAQQ Wallet reserves the right to suspend, freeze or cancel the use of HAQQ Accounts by persons other than account registrant. If you suspect or become aware of any unauthorized use of your username and password, you should notify HAQQ Platform immediately. HAQQ Wallet assumes no liability for any loss or damage arising from the use of HAQQ Wallet Account by you or any third party with or without your authorization.

Intellectual Property

  1. Provided that the HAQQ Wallet user agrees and complies with the present Terms, HAQQ Wallet shall grant them a non-exclusive, non-sublicensable and non-transferable license to use the HAQQ Wallet for their personal use only. Except as otherwise expressly permitted in these Terms, the user shall not: (a) reproduce, modify, adapt or create derivative works of any part of HAQQ Wallet; (b) rent, lease, distribute, sell, sublicense, transfer, or provide access to HAQQ Wallet; (c) use HAQQ Wallet for the benefit of any third party.
  2. The user also agrees not to incorporate HAQQ Wallet into a product or service they provide to a third party without HAQQ platforms prior written consent. The user must also not circumvent mechanisms in HAQQ Wallet intended to limit your use nor reverse engineer, disassemble, decompile, translate, or otherwise seek to obtain or derive the source code, including images and texts, underlying ideas, algorithms, file formats or non-public APIs to HAQQ Wallet, except to the extent expressly permitted by applicable law (and then only upon advance notice to us); (g) remove or obscure any proprietary or other notices contained in HAQQ Wallet (h) use HAQQ Wallet for competitive analysis.

Representations and Warranties

  1. The user by way of agreeing to these terms of and conditions agrees that all its representations and warranties made in relation to this agreement are both accurate and verifiable. The user also accepts and acknowledges that HAQQ Wallet to remove the platform from liability caused as a result of the errors and omissions by the user.
  2. HAQQ Wallet shall not be liable for any damages caused in whole or in part by (a) the malfunction, unexpected function or unintended function of any computer or cryptocurrency network, including without limitation losses associated with viruses, network forks, replay attacks, double-spend attacks, sybil attacks, 51% attacks, governance disputes, mining difficulty, changes in cryptography or consensus rules, Smart Contract hacks or breaches .; (b) the change in value of any cryptocurrency; (c) any change in law, regulation or policy, or (d) force majeure event (including but not limited to (I) acts of god, nature, court or government; (ii) failure or interruption in public or private telecommunication networks, communication channels or information systems; (iii) acts or omissions of acts of a party for whom HAQQ Wallet would not be responsible; (iv) delay, failure, or interruption in, or unavailability of, third party services and sites; (v) strikes, lock-outs, labour disputes, wars, terrorist acts and riots; and (vi) viruses, malwares, other malicious computer codes or the hacking of HAQQ’s systems).
  3. The HAQQ Wallet is provided as marketed and without any warranty of any kind. To the maximum extent permitted by law, HAQQ Wallet disclaims all representations and warranties, express or implied, relating to the services and underlying software or any aspect of the information, content, or the services, whether provided or owned by us, or by any third party or contained in any third party materials or on any third party websites accessible or linked to our website or the services, including without limitation, 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, all of which are expressly disclaimed. In addition, 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.
  4. The user acknowledges and agrees that HAQQ Wallet would have no control over, and no duty to take any action regarding: (i) failures, disruptions, errors, or delays in the processing of Digital Assets that you may experience while using the Services; (ii) the risk of failure of hardware, software, and Internet connections; (iii) the risk of malicious software being introduced or found in the software underlying HAQQ Wallet; (iv) the risk that third parties may obtain unauthorized access to information stored within your wallet, including, but not limited to your wallet access details; and (v) the risk of unknown vulnerabilities in or unanticipated changes to the applicable blockchain networks.
  5. The user releases the HAQQ platform from all liability related to any losses, damages, or claims arising from: (a) user error such as forgotten passwords, incorrectly constructed transactions, or mistyped Digital Asset addresses; (b) server failure or data loss; (c) unauthorized access to the HAQQ Wallet application; (d) bugs or other errors in the HAQQ Wallet software; and (e) any unauthorized third party activities, including, but not limited to, the use of viruses, phishing, brute forcing, or other forms of cyber security vulnerabilities.
  6. The HAQQ platform makes no representations concerning any Third Party Content contained in or accessed through our Services. Any other terms, conditions, warranties, or representations associated with such content, are solely between you and such organizations and/or individuals.

Variation

  1. Any prospective variation to these Terms and Conditions will be communicated to the Customer via the HAQQ Apps no later than two months prior to the proposed time of their entry into effect and/or made accessible to the Customer at the email address that the Customer has provided.
  2. The Customer is enabled to store or print changes in their legible form. The changes communicated to the Customer in accordance with clause number 4.1 are considered to have been approved unless the Customer has objected to the changed Terms and Conditions in writing on time in the sense of the next paragraph. HAQQ will separately notify the Customer of this automatic approval when providing notification of the changes.
  3. If the Customer does not wish to agree to an offered change, they must lodge an objection in writing within six weeks after the change has been communicated to them by email. If the Customer does not lodge an objection within the indicated time limit, the changes are considered to have been accepted by the Customer.

Limitation Period for Raising Claims

  1. The user agrees that any claim you may have 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.

Severability

  1. If individual provisions of the contract between HAQQ and the Customer should be or become legally invalid, the remaining provisions shall remain binding. The invalid parts are to be replaced by the corresponding statutory provisions to the extent that these exist.

Miscellaneous

  1. Independent Party Clause: HAQQ Wallet functions as an independent contractor and not as an agent of the user in their reliance of the aforementioned terms.
  2. Interpretation and Revision: HAQQ Wallet reserves the right to alter, revise, modify, and/or change these Terms at any time. All changes will take effect immediately upon being published on HAQQ platforms. It is your responsibility to regularly check relevant pages on our websites/applications to confirm the latest version of these Terms. If you do not agree to any such modifications, your only remedy is to terminate your usage of HAQQ Wallet Services and cancel your account.
  3. Assignment: The user may not assign or transfer any right to use the HAQQ Wallet platform or any of the users rights and obligations in relation to the concerned account, unless HAQQ Wallet provides an explicit consent in written form, including any right or obligation related to the enforcement of laws or the change of control. HAQQ Wallet may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.
  4. Third-Party Website Disclaimer. Any links to third-party websites from HAQQ platforms does not imply an endorsement by HAQQ Wallet of any related/non-related product, service, information or disclaimer presented therein, nor does HAQQ Wallet guarantee the accuracy of the information contained on them. In the event the user suffers a loss as a result of reliance on the third-party product and service, HAQQ Wallet will not be liable for such loss.
  5. The third-party content shared on our platform is solely for informational purposes. HAQQ Wallet disclaims any liability related to the accuracy, completeness, legality, reliability, or availability of the information in these third-party articles.
  6. While we strive to share credible and reliable information, we encourage readers to critically evaluate and verify these third-party posts independently, as we cannot guarantee their complete accuracy or reliability. By accessing the HAQQ Wallet newsfeed, you know you acknowledge this disclaimer and agree that you understand we do not endorse or assume responsibility for third-party content.

Force Majeure

  1. HAQQ Wallet shall not be held liable for any delay or failure to perform as required by these Terms because of any cause or condition beyond HAQQ reasonable control. Likewise, HAQQ Wallet shall not be held liable for any delays, failure in performance, or interruptions of service 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 acts of God, acts of civil or military authorities, acts of terrorism, civil or industrial disturbances, blockages, embargoes, war, strikes or other labor disputes, fire, earthquakes, storms or other nature-related events, interruption in electrical telecommunications or Internet services or network provider services, failure of hardware equipment and/or software or other utility failures, smart contract bugs or weaknesses, technological changes, changes in interest rates or other monetary conditions, and, for the avoidance of doubt, changes to any blockchain-related protocol, other catastrophe, or any other occurrences which are beyond our reasonable control, and shall not affect the validity and enforceability of any remaining provisions.

Termination and Service Discontinuation

  1. HAQQ Wallet if it deems necessary, in its sole discretion and without cost to you, with or without prior notice, and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.
  2. The end user shall be solely responsible for storing access credentials as a backup, which includes any wallet address and private key pair that you maintain in your wallet. Maintaining an external backup of any wallet address and private key pairs associated with your wallet will allow the user to access the HAQQ Wallet  upon which your wallet is secured. Such a backup will allow you to fully restore your wallet at any time without cost or loss of your Digital Assets. If you do not maintain a backup of your wallet data outside of the Services, you will not be able to access the Digital Assets associated with your wallet. HAQQ Wallet shall not be held responsible or liable for any loss of Digital Assets in the event that we discontinue all or any part of the Services.
  3. HAQQ’s failure to exercise or delay in exercising any right, power, or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of us. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.
  1. Any dispute between you and the HAQQ Wallet arising out of or relating to our products, services, this Agreement, or our relationship as created by this Agreement (whether arising out of contract, tort, statute, or any other manner) shall be settled and resolved through the courts of Dubai and in accordance with the VARA regulations. The seat of arbitration shall be chosen at HAQQ’s  discretion.

Entire Agreement Clause

  1. This document containing the terms and conditions of application use sets forth the entire understanding and agreement as to the subject matter hereof and supersedes any and all prior discussions, agreements, and understandings of any kind (including, without limitation, any prior versions of the Terms) and every nature between us. Except as provided for above, any modification to these Terms must be in writing and must be signed by both parties.

Contests Rules

  1. Official Rules Availability: The official rules for any contests offered within the app will be made accessible to users at all times during the contest period. Users are advised to thoroughly read and understand these rules before participating.
  2. Apple's Non-Affiliation and Non-Sponsorship: Apple Inc. is neither a sponsor nor involved in any way with any contests offered in the app. Any contests hosted by HAQQ Wallet are the sole responsibility of Bored Gen DMCC. Neither Apple Inc. nor any other entity, apart from Bored Gen DMCC, is involved or responsible for the contests or sweepstakes.
Effective from: August 2, 2023