Terms & Conditions

This document and the other documents that we reference below, including our Privacy Policy, make up our Terms and Conditions (the “Terms” for short). The Terms are a legal contract between you and SmartOSC Corporation (“SmartOSC”, “us”, “our” or “we”).

These Terms govern your use of our services, including our websites located at https://wallet.smartosc.com/ (collectively, the “Website”), and all content, services, and features made available through the Website (collectively, the “Services”).

1. Acceptance of Terms Through Use

1.1. By visiting the Website or using the Services, you agree to these Terms and any additional terms that may be presented to you during your use of the Services.

1.2. If you do not agree with the Terms you may not use our Services.

1.3. We reserve the right to modify the Terms at any time, either fully or partially, by publishing an updated version on our Website, without prior notice. Your continued use of the Website after any such modifications constitutes your acceptance of the updated Terms.

2. Eligibility

You must be at least 13 years old to use the Website. By using the Website, you represent and warrant that you are at least 13 years old and have the legal capacity to enter into these Terms.

3. Your Account

3.1. In order to use certain features of the Website, you may need to create a user account. You agree to provide accurate, current, and complete information when creating your account, and to promptly update your account information as necessary.

3.2. You are responsible for maintaining the confidentiality of your account login credentials, and for all activities that occur under your account.

3.3. You must own and control the wallet account in connection with our Services. You are solely responsible for maintaining the security of your Wallet and access to it. We are not responsible for maintaining the private key or other credentials you use to access your Wallet. We are also not responsible for any liabilities or losses you may incur related to losing access to your Wallet or custody of any assets stored therein.

In case you do not enable two-factor authentication, your account will rely on your Guardian setting for recovery. In case the two-factor authentication is enabled, our system can support recovery as a guardian.

3.4. We can reject your Account application, cancel or suspend your account at any time if, in our sole discretion, you have committed a breach or violation of any term in the Terms of Use or any other terms applying to your use of our Website or Services. In this case, you are still able to manipulate directly on Smart Contract.

4. Use of Wallet

4.1. Wallet Security

We take the security of your wallet seriously, and we implement various security measures to protect your wallet and your assets. However, we cannot guarantee that our security measures will prevent all unauthorized access, and we are not responsible for any loss or damage resulting from unauthorized access to your wallet.

4.2. Transactions

4.2.1. W3Smart Wallet allows you to initiate and manage crypto asset transactions on blockchains and similar networks compatible with the applicable W3Smart Wallet ("Compatible Networks").

You are solely responsible for all transactions initiated from your wallet, including the accuracy and completeness of transaction details. We do not have control over any transaction made through your wallet, and we are not responsible for any losses incurred as a result of unauthorized or fraudulent transactions.

4.3.2. Completion of transactions that you initiate through W3Smart Wallet also depends on the availability and operation of the relevant Compatible Network you interact with using the W3Smart Wallet. Issues with the Compatible Network may cause transactions that you initiate through the W3Smart Wallet to fail. This may mean that the transaction you were originally intending to perform will no longer be available. Due to the decentralized nature of these Compatible Networks, W3Smart Wallet is not responsible to you for errors or any losses that you suffer as a result of such issues or failed transactions.

4.3. Fees

4.3.1. We may charge fees for certain W3Smart Wallet Services provided to you, including fees related to services that you execute accessing third-party Dapps. We reserve the right to change those fees at any time, in our sole and absolute discretion. The amount of fees for each applicable W3Smart Wallet Service will be disclosed at the time you use the Sequence Service.

4.3.2. While we strive to provide accurate fee information, it is an estimate and the actual fees may differ. You are responsible for paying all fees associated with your use of the Website. It does not change your responsibility for paying all applicable fees associated with your use of the Website.

4.3.3. To carry out transactions on particular Compatible Networks, it's necessary to compensate for Network Fees established by the operators of the corresponding Compatible Network, which may vary depending on the congestion level of that network. Failure to pay sufficient Network Fees can result in transaction failure, and even if the transaction fails, you might still be responsible for a portion of the Network Fee.

4.3.4. We will recommend Network Fees for your transaction based on current network demand. You acknowledge that there may be unexpected spikes in the usage of that network which can cause the Network Fees to increase suddenly above the price that we recommend for your transaction. We will not be responsible to you for any losses that you suffer as a result of any transaction through the W3Smart Wallet failing as a result of the Network Fees being set too low.

4.4. Third party apps and exchanges

The W3Smart Wallet Web app allows you to access and utilize certain distributed applications ("Dapps") and crypto asset platforms ("Crypto Platforms") that are integrated or compatible with the app. These Dapps and Crypto Platforms are provided by third-party entities that are not affiliated with W3Smart Wallet. Although we facilitate your access to these Dapps and Crypto Platforms, we are not responsible for them in any way. Your use of the Dapps and Crypto Platforms is not subject to these Terms of Service, nor does it form part of your relationship with W3Smart Wallet. Before accessing their services using the W3Smart Wallet Web App, it is your responsibility to check the Dapp or Crypto Platform provider's website for the most up-to-date version of their terms and conditions.

5. Use of Website

5.1. The Terms state that SmartOSC grants you a limited, non-transferable, non-exclusive license to use and access the Websites and Services for personal and non-commercial purposes, subject to certain restrictions. We may terminate your license at any time for any reason.

5.2. These restrictions include not selling, renting, leasing, transferring, assigning, distributing, or otherwise commercially exploiting the Websites or any content displayed on them, not modifying, disassembling, or reverse engineering any part of the W3Smart Wallet Services, not accessing the Websites to build a similar or competitive website, product, or service, and not copying or reproducing any part of the Websites without SmartOSC's express prior written consent.

5.3. You may use the Website only for lawful purposes and in accordance with these Terms. You may not use the Website for any illegal or unauthorized purpose. You may not use the Website in a way that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Website.

5.4. You grant us a royalty free, worldwide, nonexclusive, perpetual, and irrevocable license to use and display any User Content, and any Intellectual Property Rights thereto, for the provision of the Services.

5.5. SmartOSC reserves the right to modify, suspend, or discontinue the Websites at any time without notice and is not obligated to provide support or maintenance.

5.6. Unless specifically contracted for under a separate agreement, you understand and agree that we are not obliged to provide you with any support or maintenance for the Websites.

5.6. SmartOSC attempts to ensure the complete, accurate, and current of the information provided on the Websites, but makes no representation as to its completeness, accuracy, or correctness.

6. Intellectual Property

6.1. You agree that SmartOSC owns all of the intellectual property rights existing in W3Smart Wallet Website and Service. You agree not to challenge or do anything inconsistent with such ownership. You may not publish or use the brand, branding or logos of SmartWaller and SmartOSC without SmartOSC's prior written permission.

6.2. You grant SmartOSC a royalty-free, irrevocable, perpetual license to use (including for commercial purposes) information and/or data collected by SmartOSC through your use of W3Smart Wallet, provided that we aggregate or anonymize that information or data before using it. Other than this right, SmartOSC claims no intellectual property rights in relation to the information or content you input into W3Smart Wallet website.

6.3. You may give us comments, feedback or suggestions on the Website, and you agree that we will be free to use, modify and incorporate such suggestions without any obligation to you.

7. Third-Party Content and Services

The Website may contain links to third-party websites, applications, or services that are not owned or controlled by us. We do not endorse or assume any responsibility for any such third-party content, products, or services, and we are not responsible for their availability, accuracy, or content. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, products, or services.

8. Termination

8.1. You may terminate your relationship with us by notifying us in writing using the information in Section 14 (Contact and Feedback) below.

8.2. We may terminate your use of the Services without notice, and without liability to you or any third party, if we have reason to believe that you have violated these Terms. If your use of the Services is terminated, you will still remain liable for any obligations you have incurred in connection with using the Services. We have the right to bar you from accessing the Services without liability to you or any third party.

9. Limitation on Liability

9.1. When using W3Smart Wallet, you acknowledge that SmartOSC will not be financially responsible for any direct, indirect damages, including but not limited to, damages for losses of funds, profits, business, goodwill, use, data or other intangible losses (even if SmartOSC has been advised of the possibility of such damages) resulting from: (a) the use or the inability to use the Website and Service (in whole or in part) or any technical malfunctions; (b) the cost of procurement of substitute assets; (c) unauthorized access to, or alteration of, your communications or data; (d) statements or conduct of any third party regarding SmartOSC and our services; or (e) any other similar occurrences.

9.2. We do not provide any investment or business advice. The information contained in our Website and Services is not intended to serve as a guide for investing in crypto-assets or signing legal agreements related to crypto-assets.

9.3. We will not be liable for any of your actions taken.

9.4. W3Smart Wallet grants worldwide access due to its permissionless and decentralized nature. However, certain territories and countries may legally prohibit or technically restrict the use of the Wallet. It is the sole responsibility of you to inform yourselves of any such restrictions and to comply with applicable legal norms.

9.5. Your activities on the Wallet may result in a taxable event and could make them subject to tax and fee payments to public authorities in different countries, depending on the legal regulations. You are obliged to inform yourself about such requirements and are solely responsible for their payments.

9.6. You indemnify SmartOSC against all forms of liability, actions, proceedings, demands, costs, charges and expenses which SmartOSC may incur or suffer as a result of use of our Service through your account or as a result of your failure to comply with these Terms.

10. Contact and feedback

10.1. If you need to get in touch with us about these Terms or any other related document, please send us an email at blockchain.cs@smartosc.com.

10.2. We appreciate hearing from our users and welcome any suggestions on how we can improve the website or W3Smart Wallet web app. By providing your feedback, you agree that you are relinquishing any rights you have to it, allowing us and others to use it without restriction and without compensating you.

10.3. Your privacy is important to us. Please read our Privacy Policy to understand how we collect, use and share information about you.

11. General

11.1. If any Term is held by the arbitration or a court of competent jurisdiction to be invalid or unenforceable, the remaining Terms will remain in full force and effect as if such invalid or unenforceable term had never been included.

11.2. You are not permitted to assign, sub-licence, novate or transfer these Terms or any of the rights licensed under them.

11.3. These Terms shall be governed by Vietnam law, and you submit to the exclusive jurisdiction of the Vietnam courts for any matter or dispute arising in relation to these Terms.