Terms of Use and Privacy Policy

Effective date: August 1st, 2024

AkashicLink, referred to as "the Service," "Service," "we," or "Platform," functions as a digital asset management service and a trading platform for digital assets. Individuals or entities accessing this product are considered users (referred to as "you" or "user"). This Agreement may be available in multiple languages for user convenience. In case of conflicts or omissions, the English version will take precedence.

It is advised that you thoroughly review and comprehend the complete set of policies before utilizing this product, "AkashicLink." Crucial information, including disclaimers, will be highlighted in bold. The definitions of key terms in this policy correspond to those outlined in the "AkashicLink Service Agreement.”

1. Agreement acceptance

1.1 You comprehend this Agreement and the applicable agreement that pertains to AkashicLink, along with the decentralized applications (referred to as "DApps") developed and owned by AkashicLink.

1.2 By downloading the AkashicLink software, creating identities, restoring identities (as defined below), or importing accounts to AkashicLink, you are considered to have completely read and agreed to all the terms of this agreement. This agreement becomes effective immediately and is binding on both parties. If you do not agree with the terms of the agreement, you shall cease using AkashicLink promptly.

1.3 When you access or use AkashicLink, you consent to the following:

1. Agreeing to be bound by the most recent version of the Agreement without any alterations or modifications.

2. Confirming that, in the jurisdictions relevant to you, you are of legal age to use AkashicLink and capable of meeting any legally-binding or financial obligations resulting from its use.

3. Affirming that you do not fall within the category of excluded users, as defined in the Agreement.

1.4 The company retains the right to revise the Agreement at any given time. The updated Agreement becomes effective immediately upon publication without additional notice. Should users choose not to accept the updated terms, it is advised to discontinue the use of AkashicLink. Any usage following the Agreement update will be considered as your acknowledgment and acceptance of the revised terms.

2. Definitions

2.1 AkashicLink: This term refers to the blockchain-based digital account, inclusive of additional supportive tools created to assist users in accessing the blockchain system.

2.2 Excluded Persons: (1) Individuals other than natural persons possessing the legal capacity and awareness to enter into this Agreement; (2) Users who are, due to the Agreement, legal provisions, regulatory requirements, or the rules of the jurisdiction applicable to them, prohibited, restricted, unauthorized, or ineligible to use the service in any form or manner (either wholly or partially). (3) You affirm to us that you, along with your financial institutions or any entity owning or controlling you or your financial institutions, meet the following conditions: (1) are not under sanctions or listed on any register of prohibited or restricted parties, including lists maintained by entities such as the United Nations Security Council, the U.S. Government (specifically, the Specially Designated Nationals List and Foreign Sanctions Evaders List of the U.S. Department of Treasury, and the Entity List of the U.S. Department of Commerce), the European Union or its Member States, the United Kingdom, or any relevant government authority; and (2) are not situated in a country subject to a comprehensive sanctions program implemented by the United States.

2.3 Identity: This term pertains to the digital identity formed through the generation of your public and private keys.

2.4 Create or import account: This term indicates the action of generating or bringing accounts into AkashicLink after agreeing to the terms of the Agreement.

2.5 Account password: This refers to the password set up during the configuration of AkashicLink, serving to encrypt and secure your private key. For global security, the account password is securely encrypted and stored on the company's server. In case of loss, the private key or recovery phrase is necessary to reset the account password.

2.6 Keypair: A set of randomly generated characters that users must possess and utilize for managing digital assets.

2.7 Public key: This denotes a key derived from a Keypair through cryptography, employed in generating a blockchain digital account address, commonly known as an open receiving address.

2.8 Recovery phrase: Comprising 12 words generated by a random algorithm, this phrase aligns with the blockchain BIP39 standard. It serves as a simplified representation of the Keypair, making it easier to back up and store.

2.9 Digital tokens: This term encompasses the digital tokens currently supported on AkashicLink, including but not limited to TRX, ETH, USDT, and others such as in the form of NFTs.

2.10 NFT: Known as the Non-Fungible Token natively supported by the Akashic Chain

2.11 Akashic Alias Service (AAS): Akashic Alias is a piece of unique alias embeded in certain NFT collection in Akashic Chain that is unique on the chain level. Akashic Alias can be used instead of the public address natively.

2.12 Personal information: This refers to various electronically or otherwise recorded information capable of identifying a user's personal identity either alone or in conjunction with other data. This includes, but is not limited to, the individual's name, date of birth, identity certificate number, personal biometric information, address, telephone number, bank card number, email address, account address, mobile device information, operation records, transaction records, etc. Notably excluded from this definition are a user's account password, Keypair, and recovery phrase.

3. AkashicLink service ("the Service")

3.1 Import account : You have the option to either create new accounts using AkashicLink or import compatible accounts generated from pertinent blockchain system-based tools designed for digital tokens supported by AkashicLink.

3.2 Transfer/receive funds and NFT: You can effectively manage digital tokens through the transfer and receiving functionalities on AkashicLink. This involves using keypairs for electronic signing and making changes to the associated blockchain ledgers. The transfer process entails the payer sending funds to recipients with their Akashic Alias or public addresses. It's important to note that the transfer itself is recorded and validated on the distributed ledger of relevant blockchain systems rather than within AkashicLink.

3.8 Transaction and NFT records: We will replicate all or part of your transaction records via the blockchain system. However, it's crucial to understand that the record is subject to the records maintained by the respective blockchain system.

3.9 Suspend service: You acknowledge that, under specific circumstances, we reserve the right to suspend or restrict your operations on AkashicLink. It's important to note that we cannot cancel or revoke your transactions due to the "irrevocable" nature of blockchain transactions.

3.10 Other services deemed necessary by us.

By accepting the services provided by the Company, you acknowledge and agree to the following:

1. In adherence to the decentralized nature of the blockchain and to safeguard users' digital tokens, the Company offers decentralized services that differ significantly from those provided by traditional financial institutions. It's understood that the Company does not offer services such as storing users' Keypairs and recovery phrases, recovering account passwords, Keypairs, or recovery phrases, freezing a account, reporting a lost account, restoring a account, or rolling back transactions.

2. Users are responsible for maintaining a mobile device with the AkashicLink app, backing up AkashicLink, and safeguarding account passwords, recovery phrases, and Keypairs. The Company cannot restore accounts or recover account passwords, Keypairs, or recovery phrases in the event of a lost or stolen mobile device, deleted AkashicLink, or an unprotected account. Users are also responsible for transaction accuracy and errors made during transactions.

3. When using the password-free payment feature on AkashicLink, users should back up their account passwords. If fingerprint or facial recognition fails multiple times, users must enter their account password for identity verification. The Company does not store biometric information and is not responsible for its loss.

4. Digital token management services by AkashicLink and the Company may not encompass all existing digital tokens. Users should refrain from using tokens not supported by AkashicLink.

5. Users lacking familiarity with blockchain technology are discouraged from using the platform to avoid potential misuse of token accounts and associated security risks. The Company reserves the right to refuse services to users lacking basic blockchain knowledge.

6. The Company may suspend or terminate services under circumstances such as technical issues, force majeure events, material adverse effects due to changes in laws or policies, and other unforeseen circumstances beyond the platform's control.

7. In the event of changes, suspensions, or terminations of services, users have the right to export their account information within a reasonable timeframe.

4. Account Creation

4.1 Users are required to create a account on the platform before utilizing its services.

4.2 This User Agreement becomes effective when users create a account for the first time. Clicking "I Agree" signifies the user's or the authorized agency's agreement to all the provisions of and binding by this Agreement.

4.3 Prior to or following account creation, the platform retains the right to decline services to users in alignment with the laws, regulations, rules, orders, and norms of the country or region where the users are located.

4.4 Users hereby make the following commitments: (1) Creating a account and using the platform's services for legitimate purposes without violating any laws or regulations. (2) Ensuring that the digital assets deposited in their AkashicLink are sourced from legitimate origins. (3) Adhering to all rules published and updated by the platform, including announcements, process instructions, risk alerts, etc., in addition to this Agreement.

4.5 In the event of a breach of the commitments outlined in Section 4.4: (1) The platform reserves the right to suspend or deny users access to part or all of its services. In such cases, the platform is not liable, and users agree to bear any direct or indirect expenses or losses incurred. (2) Users are responsible for any direct or indirect losses and adverse consequences resulting from the breach of their commitments, and the platform has the right to hold users accountable.

4.6 Users engage with the platform's services voluntarily, and the platform does not employ any coercive, inducing, deceptive, or unfair means to influence users.

5. Risk Disclosures

5.1 You acknowledge that digital tokens carry significant risks, including technical instability and the potential for non-cashability due to inadequate laws and regulations. Recognizing that digital tokens exhibit higher volatility than other financial assets, it is advised to make rational decisions regarding holding or disposing of digital tokens based on your financial situation and risk tolerance. Additionally, the Markets feature of AkashicLink captures exchange rate search results from selected exchanges and does not represent the latest quote or best offer.

5.2 If you or your counterparty fails to adhere to the operating instructions and rules outlined in this Agreement or on the website during the use of AkashicLink Service, the Company does not guarantee the successful execution of the transaction and is not liable for any resulting damages. In such instances, where funds are credited beforehand to your or your counterparty's AkashicLink or a third party's account, you understand that blockchain operations are "irreversible" and the relevant transaction is "irrevocable," and both parties shall bear the consequences.

5.5 When transferring digital tokens to another account address, you are responsible for verifying whether the other party possesses full civil capacity during the transaction. The decision to proceed with a transaction or transfer money to the other party is entirely at your discretion.

5.6 In the case of abnormal information such as "transaction failed" or "block production timeout" during fund transfers, it is advised to double-confirm through official blockchain channels or other query tools to avoid repeated transfers. Failure to do so may result in all losses and expenses being borne by you.

5.7 After creating or importing a account on AkashicLink, your Keypairs, Recovery phrases, and other information are stored only on the mobile device you are using, not on AkashicLink's or the Company's servers. Loss of digital tokens due to a missing mobile device or failure to save or back up your account password, Keypairs, Recovery phrases, Keystore, or other information cannot be retrieved by the Company. The Company is not responsible for losses resulting from information disclosure during the export, saving, or backup of account password, Keypairs, Recovery phrases, Keystore, or other information.

5.8 It is recommended to securely back up personal information, such as account password, Keypairs, and Recovery phrases when creating or importing a account. Avoid using screen-shots, emails, Note, or similar features for backup and instead copy the Recovery phrases and other information to a paper pad or store them in a password manager.

5.9 It is advisable to use AkashicLink in a secure network environment and ensure that your mobile device is not jailbroken or rooted to mitigate potential security risks.

5.10 Exercise caution against scams when using AkashicLink, and report any suspicious behavior promptly.

6. Change, suspension, and termination of service

6.1 You acknowledge and agree that the Company has the discretion to temporarily provide or suspend part of its services or introduce new services in the future. Your continued use of AkashicLink following such changes indicates your agreement to this Agreement or the amended terms of this Agreement.

6.2 To mitigate misuse of AkashicLink and potential security risks associated with digital tokens, it is advised to refrain from using AkashicLink without basic blockchain knowledge. The Company reserves the right to refuse services to users lacking fundamental blockchain knowledge.

6.3 The Company may suspend or terminate the Service in the following situations: (1) Technical issues such as equipment maintenance, blockchain system upgrades, breakdowns, and communication outages affecting AkashicLink's proper operation; (2) Inability to provide the Service or a reasonable belief that continuing the Service poses substantial risks due to natural disasters, power outages, wars, terrorist attacks, viruses, Trojans, hacking, system instability, or government actions, etc.; (3) Changes in applicable laws or policies with material adverse effects; (4) Other circumstances beyond the Company's control or reasonable foresight.

6.4 The Company may unilaterally suspend or terminate the usage of part or all of AkashicLink's functions by the User if the User: (1) Passes away; (2) Steals someone else's account information or mobile device; (3) Provides false personal information in AkashicLink; (4) Declines AkashicLink's mandatory update; (5) Utilizes AkashicLink open source code in violation of third-party open-source agreements or the Company's rules; (6) Engages in illegal or criminal activities using AkashicLink; (7) Disrupts other users' normal use of AkashicLink; (8) Falsely claims to be a member of the Company's staff or executives; (9) Attacks, invades, alters, or otherwise threatens the normal operation of the Company's computer systems; (10) Uses AkashicLink for spam advertising; (11) Spreads rumors that damage the goodwill of the Company and AkashicLink; (12) Engages in other illegal activities or conducts that violate the Agreement or circumstances where the Company deems it necessary to suspend certain functions.

6.5 In the event of changes, suspensions, or terminations of the Service, you have the right to export personal information, such as your account, within a reasonable time.

AkashicLink (referred to as "we") respects and safeguards the privacy of its users (referred to as "you" or "the User"). We will collect and use your personal information generated when using AkashicLink in accordance with this Privacy Policy (referred to as "this Policy").

7. Information Collected

Please be aware that the following information is collected from you with the aim of providing AkashicLink services tailored to your needs. We prioritize the safeguarding of your privacy and strictly adhere to the principles of lawfulness, rightfulness, and necessity in our data collection practices. It is understood that your refusal to provide the necessary information for the Service may impact your experience with AkashicLink.

7.1 Your personal information, such as mobile device details, action history, transaction history, public account address, etc., will be collected for product enhancement and research purposes.

7.2 AkashicLink or any associated services will not collect any Passwords, Keypairs and Recovery phrases, which are private to the users. We ensure that the service does not collect any Passwords, Keypairs, and Recovery phrases by maintaing public code base of the service. The code base can be found at : https://github.com/akashicsuite/akashiclink

7.3 It is acknowledged that your Passwords, Keypairs and Recovery phrases on AkashicLink are neither stored nor uploaded to our servers. Therefore we do not offer any service to recover your account password, Keypairs, or Recovery phrases.

7.4 Additionally, it is recognized that when utilizing certain features of AkashicLink, a request for additional personal information may be sent to you prior to actual collection. Your refusal to agree indicates that you are foregoing access to the concerned feature.

7.5 To the extent permitted by laws and regulations, your personal information may be collected and used without prior approval or consent in the following circumstances: (1) Related to national security or national defense; (2) Linked to public safety, public health, or significant public interest; (3) In connection with crime investigation, prosecution, trial, execution of judgments, etc.; (4) Personal information disclosed by you to the public at your own discretion; (5) Personal information obtained from lawfully and publicly disclosed sources, such as lawful news reports and government information disclosure channels; (6) Necessary for maintaining secure and compliant services, such as detection and handling of product and service failures; (7) Other circumstances as stipulated by laws and regulations.

7.6 Information is collected through the following methods: (1) You provide information to us. (2) Information is collected while you are using AkashicLink, including your mobile device information and action history; (3) We replicate all or part of your transaction history through the blockchain system. However, your transaction history is subject to the record in the blockchain system.

8. Use of your information

8.1 Important notifications, such as software updates and modifications to the Service Agreement and this Policy, will be promptly communicated to you.

8.2 The feedback you provide is processed by collecting the account address and mobile device information you submit.

8.3 Your personal information is gathered for internal audits, data analysis, research, and other purposes aimed at continuously enhancing our services.

8.4 User information is utilized, following the AkashicLink Terms of Us and Privacy Policy, and other relevant regulations, to manage and handle user activities.

8.6 We adhere to legal and regulatory requirements and collaborate with regulatory agencies.

9. Privacy

9.1 Your personal information will not be shared or transferred to any third party without your explicit prior consent, except under the following circumstances:

(1) We have obtained your explicit prior consent or approval;

(2) The personal information in question has been voluntarily disclosed by you to the public;

(3) The personal information is collected from lawfully and publicly disclosed sources, such as legitimate news reports and government information disclosure channels;

(4) We only share necessary user information with our affiliated parties, subject to the purposes outlined in this Policy;

(5) The information is provided in compliance with applicable laws, regulations, legal processes, or as mandated by administrative or judicial authorities;

(6) In the case of a merger or acquisition involving the transfer of personal information, we will ensure that the recipient continues to adhere to this Policy.

10. How we protect your information

10.1 In the event of our cessation of operations, we will promptly cease the collection of your personal information, publicly announce the discontinuation of operations on AkashicLink, and within a reasonable timeframe, delete or anonymize any personal information we have retained about you. 10.2 To safeguard your personal information, we will implement technical measures related to data security, enhance compliance through employee training on information security, and establish data permissions to ensure the protection of your private information.

11. Protection of minors

We establish the following special provisions to safeguard individuals under the age of 18:

11.1 Minors are advised to utilize our services under the supervision of their parents or legal guardians.

11.2 We recommend that parents or legal guardians thoroughly review this Policy, the AkashicLink Service Agreement, and other pertinent regulations to provide guidance to minors regarding the use of AkashicLink.

11.3 AkashicLink is committed to upholding the confidentiality and security of personal information belonging to minors, adhering to the applicable national laws and regulations.

12. Disclaimer

DISCLAIMER AND LIMITATION OF LIABILITY

12.1 The Company's liabilities are confined to the stipulations outlined in this Agreement.

12.2 You comprehend and accept that, to the extent permitted by law, the Company can only furnish the Service based on its existing technology and conditions. The Company is not liable for the failure of AkashicLink to provide services and loss of assets arising from:

(1) System downtime for maintenance or upgrades; (2) Force majeure events like typhoons, earthquakes, floods, lightning, or terrorist attacks; (3) Failures in the hardware and software of your mobile device, communication lines, or power lines; (4) Improper actions taken by you or the use of the Company's services without a license or authorization; (5) Viruses, Trojans, malicious program attacks, network congestion, system instability, system or device failure, communication failure, power failure, banking issues, government actions, etc.; (6) Any other reason not caused by the Company.

12.3 The company disclaims liability in the following cases:

(1) Loss of digital tokens due to your loss of a mobile device, deletion of AkashicLink, or the account that has not been backed up, or forgetting the account password, Keypairs, Recovery phrases that has not been backed up; (2) Loss of digital tokens due to your disclosure of your account password, Keypairs, Recovery phrases, or borrowing, transferring, or authorizing others to use your mobile device or AkashicLink, or failure to download the AkashicLink application from our official channels, or using the application in any other insecure manner; (3) Loss of digital tokens due to your misoperation (including but not limited to entering a wrong transfer address and choosing a wrong transfer node server); (4) Loss of digital tokens due to your misoperation caused by your lack of understanding of blockchain technology; (5) Deviation in the copy of user transaction records of the Company on the blockchain caused by system lag, instability of the blockchain system, and other reasons;

12.4 Users bear the risks and consequences related to the following circumstances:

(1) The use of third-party services to handle transactions; (2) The use of the developer mode, if any; (3) Risks and consequences borne by the user, the counterparty, and the smart contract issuer concerned when the user uses Instant Swap and Swap services.

12.5 AkashicLink is considered a tool for digital token management, and the Company has no control over the quality, security, or legality of third-party services. Your use of third-party services is at your discretion, and the Company is not involved in the transaction or the contractual relationship between you and your counterparty. All risks arising from your trading activities with any third party are your responsibility.

12.6 The Company may provide services for or be affiliated with both you and your counterparties. You agree to waive any actual or potential conflict of interest related to such conduct by the Company.

12.7 The Company disclaims the following guarantees:

(1) The services provided will meet all your needs; (2) Any technology, product, service, information, or other content obtained through the services will meet your expectations; (3) The timeliness, accuracy, completeness, and reliability of information captured by the Company from third-party exchanges, such as digital token market trading information, are guaranteed; (4) Your counterparties involved in transactions on AkashicLink will fulfill their obligations under the transaction agreement with you.

12.8 AkashicLink serves as a tool for digital token management and transaction information display. The Company does not provide legal, tax, or investment advice. Professional advice in law, tax, and investment is recommended, and the Company is not responsible for any investment or data losses suffered during the use of its services.

12.9 The Company may alter user access standards periodically to limit the scope and manner of provision of services for particular groups of users as required by applicable laws, regulations, and policies.

13. Protection of intellectual property rights

13.1 All intellectual property rights, encompassing trademarks, patents, copyrights, and trade secrets, pertaining to the contents on the Platform, such as writings, images, files, information, materials, Platform architecture, Platform screen layout, Platform design, texts and graphics, software compilation, source code, and software application, among others, are owned by the Platform or other right owners in accordance with the law.

13.2 Without written consent from the Platform or other rights holders, no one is permitted to use, modify, reproduce, publicly transmit, alter, distribute, issue, or publicly publish the Platform's program or content without authorization.

13.3 Users are prohibited from downloading (except for page caching) or modifying the Platform or any part of it without the explicit written consent of the Platform. Commercial resale or exploitation of the Platform or its contents, collection and exploitation of product catalogs, descriptions, and prices, making any derivative use of the Platform or its contents, and downloading or copying account information or using any data mining, robots, or similar data collection and extraction tools for commercial benefit are strictly forbidden. Systematic access to the Platform's content with the purpose of creating or editing a corpus, compilation, database, or directory, whether by robots, spiders, automatic instruments, or manual operations, is strictly prohibited without the Platform's written permission. Additionally, using any content or materials on the Platform for any purpose not explicitly permitted in these Conditions of Use is strictly prohibited.

13.4 The Platform's website or any part thereof must not be reproduced, copied, counterfeited, sold, resold, accessed, or otherwise utilized for any commercial purpose without the explicit written consent of the Platform. Users are not allowed to use any technique to take possession of any trademarks, logos, or other proprietary information (including images, text, web designs, or forms thereof) of the Platform or its affiliates without the Platform's explicit written consent. The use of the name and trademarks of the Platform or its affiliates in meta tags or in any other "hidden text" is strictly prohibited without the explicit written consent of the Platform. Unauthorized use terminates the permission or license granted by the Platform.

13.5 A user's access to the Platform or use of any services provided by the Platform does not constitute the transfer of any intellectual property from the Platform to the user. In the event of any breach of such obligations, the user shall be held liable for damages and other legal liabilities to the Platform.

14. Miscellaneous

14.1 You are obligated to thoroughly understand and adhere to all laws, regulations, and rules governing the use of our services in your jurisdiction. If any provision of this Agreement is deemed unenforceable, invalid, or illegal by any competent authority, the validity of the remaining provisions will remain unaffected.

14.2 In case of any issues concerning the use of personal information while utilizing our services, you can contact us by submitting feedback on AkashicLink through other channels. You acknowledge and agree to reach out to the Platform for informal resolution before initiating a dispute or claim, and we will make efforts to internally resolve your dispute promptly. The parties commit to negotiating in good faith to settle their dispute (with discussions being confidential, protected by applicable rules, and not admissible as evidence in any legal proceeding).

14.3 You can access the Policy and our other service terms on AkashicLink. We recommend reviewing our Service Agreement and Privacy Policy each time you visit AkashicLink.

14.4 Any translation of the Policy is provided for user convenience and is not intended to alter the terms of the Policy. In the event of a conflict between the English and non-English versions of the Policy, the English version will take precedence. AkashicLink reserves the right to give the final interpretation of this Agreement.

14.5 These rules are effective as of Aug 1st, 2024.

Any matters not addressed herein will be governed by announcements and relevant rules updated by us.