TERMS OF USE

for Safelement Website (https://walletchecker.io)

These Terms of Use (the “Terms of Use”) constitute an agreement between the user, an individual or legal entity using the services of Wallet Checker (the “User”, “You”) and SAFELEMENT LIMITED, private limited company incorporated in Hong Kong with registration number 3148041, having its registered office at Flat H, 3 floor, Tower 5, Shek Kok Road 8, Hong Kong (the “Company”, “We”), which operates Safelement website available at https://walletchecker.io/.
The Company provides the services of AML and KYC checks, suspicious transactions reports, personal AML officer, API integration and 24/7 support of its IT team through software made available to Users via the website.
Before using any of the Company’s services, provided via the Website the User must agree:
- To these Terms of Use and the Privacy Policy;
- In case of individuals – that they are at least eighteen years of age, or the age of legal majority in their jurisdiction if older than eighteen;
- That they have the right, power, capacity and authority to lawfully enter into the Terms of Use and agree to the Privacy Policy.

DEFINITIONS

“Website” means the website operated by the Company and available at https://walletchecker.io/ ;
“User” means an individual or a legal entity that has read and agreed to the Terms of Use, the Privacy Policy and uses the services of Safelement provided by the Company through the Website;
“Software” means the Company`s software application or applications and any third party or other software, and all new versions, updates, revisions, improvements and modifications of the foregoing, that the Company provides remote access to and use of via the Website as part of the Services;
“Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

SERVICES PROVIDED BY THE COMPANY

The services of Safelement provided by the Company and available to Users via the Website and the Application (the “Services”) are:
1.1. AML Checks meaning the service of provision of an automated search for the purposes of compliance with the anti-money laundering and counter-financing of terrorism regulation under the Financial Action Task Force (on Money Laundering) (FATF) Recommendations, the European Union’s Fourth Anti-Money Laundering Directive (AMLD4) and the legislation applicable to the User. The check shall be carried out by the Company’s Software. The Software provided by the Company for the purposes of AML check is made available to the User in an “as is” condition, without warranty or representation of any kind, including, without limitation, any implied warranties of suitability for a particular purpose. The Company shall not be liable to make any improvement or alteration of the Software.
1.2. Support of the Application from the Company’s IT Team meaning the availability of the Company’s IT personnel to answer any questions of the User regarding the operation of the software provided to the User via the Application and to fix any issues with the operation of such software.

PRICING

The Company reserves its right to adjust the rates stated on the Application from time to time.
Due to the exchange rate difference, the difference in the time of the transaction, as well as other circumstances affecting the course, the amount of the real price may be different from that stated.

DATA PROTECTION

Full details of our Privacy Policy can be found at Privacy Policy. The Company recommends the Users to read the Privacy Policy carefully, so that the Users know the data that the Company collects, uses and who the Company shares the Users’ data with.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

The Services are provided “as is” and the Company hereby makes an express disclaimer of all warranties, express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.
Neither Party shall be held liable with respect to the services or obligations arising under these Terms of Use or otherwise for any direct, incidental, special, consequential or exemplary damages, including but not limited to damages for losses of profits, goodwill, use, data or other intangible losses resulting in any way from the Services rendered by the Company.
The Company does not provide any investment advisory service, due diligence, brokerage, financial management, tax, accounting or any other professional service, and any advice or information obtained through the Company’s products and services will be used by the User and its authorized users solely at their own risk.
Without limiting the foregoing, the Company makes no warranty of any kind that the Services or any products or results of the use thereof will meet the User’s or any other person’s requirements, operate without interruption, achieve any intended result, be compatible or work with any software system or other services, or be secure, accurate, complete, free of any harmful code or error.

FORCE MAJEURE AND OTHER FACTORS BEYOND THE CONTROL OF THE COMPANY

If the Company is unable to perform the Services outlined in the Terms of Use due to factors beyond its control including but not limited to an event of Force Majeure, change of law or change in sanctions policy, the Company shall not be liable for the Services provided under these Terms during the time period coincident with the event.

INTELLECTUAL PROPERTY RIGHTS

The User is permitted to use the Services of the Company provided through the Website only as expressly authorized by the Company pursuant to these Terms of Use.
All components and content on the Website, as well as the Website as a whole belong to the Company and are protected with, including, but not limited to copyright, trademarks, trade secrets. All rights reserved.
The Company grants the User a non-exclusive, limited, non-transferable, freely revocable license, subject to these Terms of Use, to access and use the Services, and related content, materials, information (collectively, the “Content”) solely for approved purposes as permitted by the Company from time to time. Any other use of the Content is expressly prohibited and all other right, title, and interest in the Content is exclusively the property of the Company and its licensors. The User agrees not to copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part.
By posting, uploading, inputting, providing or submitting any content to the Company (the “User Content”, the User grants the Company and any necessary sub-licensees a non-exclusive, worldwide, perpetual, right and permission to use, reproduce, copy, edit, modify, translate, reformat, create derivative works from, distribute, transmit, publicly perform and publicly display the User Content and sub-license such rights to others.
The User is responsible for maintaining the confidentiality of any User content and any of its non-public information. The User agrees to notify the Company immediately of any unauthorized use of the User Content, or any other breach of security. The Company will not be responsible or liable for any loss or damages that the User may incur as a result of someone else using the User Content, either with or without User’s knowledge. However, the User could be held liable for losses, expenses and costs incurred by the Company or another party due to someone else using the User Content.
Although the Company has no obligation to screen, edit or monitor the User Content, the Company reserves the right, and has absolute discretion, to remove, screen or edit the User Content. Furthermore, if the Company has reason to believe that there is likely to be a breach of security, or if the User breaches any of its obligations under these Terms of Use or the Privacy Policy, the Company may suspend User’s use of the Services at any time and for any reason.

THIRD PARTY CONTENT

The Company may display on the Website some third-party content, advertisements, links, promotions, logos and other materials (collectively, the “Third-Party Content”) for the User’s convenience only. The Company does not approve of, control, endorse or sponsor any third parties or Third-Party Content, and the Company makes no representations or warranties of any kind regarding such Third-Party Content, including, without limitation, the accuracy, validity, legality, copyright compliance, or decency of such content.

ENTIRE AGREEMENT

These Terms set forth the entire understanding between the Company and You with respect to the Service. You agree to rely only on the Terms alone. These Terms supersede any previous statements made by the Company.
If any term, clause or provision of these Terms is held unlawful, void or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.

MODIFICATIONS

The Company has the right, at its sole discretion, to make modifications and revisions to the Terms of Use to reflect changes in technology, standards, legislation, administrative or business practices. Such modifications and revisions will be notified to the User through the Website no later than thirty days before they become effective.
The User will be deemed to have accepted all modifications and revisions by continuing to use the Website and our Services.

MISCELLANEOUS

No failure of the Company to exercise any right, power or privilege under these Terms is deemed to be a waiver thereof, nor any partial exercise of a right, power or privilege should preclude the exercise of the entire or other right, power or privilege.
The User may not assign any of the rights conferred to the User under these Terms without prior written consent obtained from the Company.
The Company may assign any right or obligation under these Terms without any notice to or consent from the User.

JURISDICTION AND DISPUTE RESOLUTION

These Terms of Use shall be governed by the laws of Hong Kong and you agree to submit to the non-exclusive jurisdiction of the Hong Kong courts.
The Parties shall agree that the information regarding any arbitration proceedings, including but not limited to the information of any arbitral award, shall be deemed confidential and not disclosed to any third parties without the written consent of the Parties, unless required by law.

TERMINATION AND SUSPENSION

The User hereby agrees that the Company may suspend or terminate access to the Services via the Website in case of, but not limited to:
- non-conformity to the requirements from these Terms of Use;
- a requirement from any applicable law to which the Company is subject in any jurisdiction;
- an order from a court or other governmental authority;
- any other reason that the Company deems relevant for termination of the Terms of Use between the User and the Company and suspension or termination of access to the Services via the Website.

CONTACT INFORMATION

If you have any questions regarding these Terms of Use, your rights and obligations arising therefrom and/or your use of the Website please contact us at walletchecker@safelement.org .