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Terms of service

Last updated 30.08.19

By downloading Atomic Desktop and/or Mobile Light Wallet Applications and browsing the website, you acknowledge that: (1) any use of Atomic is subject to these Terms of Service; (2) you have carefully read, understand and agree with these Terms of Service; (3) you are of legal age and you are able to form legally binding contracts.

If you don’t agree with the Terms of Service, you can not use Atomic. Atomic reserves the right to modify these Terms at any time and in our sole discretion. In case of any changes, we will change the date of the last update at the beginning of these Terms. We invite you to check this page regularly for updates.

1. Parties
1.1. This agreement is between you ( ‘You’ or ‘Your’ in this agreement) and Atomic Company (‘Atomic’ in this agreement). Atomic is a Blockchain Platform which consists of a set of desktop and mobile applications (‘Software’) and website atomicwallet.io. All of the services provided by Atomic Wallet we identify in this document as ‘Services’ 1.2. It's your own responsibility to read the Terms of Service carefully before you start to use Atomic.

2. Definitions and Services offered
Atomic is an innovative cryptocurrency infrastructure, which consists of:

2.1. Atomic Desktop Light Wallet Applications
Atomic has created means for users to access and transfer ownership of virtual currency tokens (‘Virtual Currency’), such as Bitcoins, under the name "Atomic Wallet...". By entering into this agreement You will receive a license to use any of the Atomic Desktop and Mobile Light Wallet Applications. You should only use the Atomic Desktop or Mobile Light Wallet Application if you are familiar with cryptocurrencies. We highly recommend learning the basics of the specific cryptocurrency, that You plan on using the Atomic Desktop or Mobile Light Wallet Application for, before running the application.

2.1.1. You Own Your Private Keys
Atomic does not store user’s private keys, backup phrases or passwords ("Private Information"). It is very important that You backup and save your Private Information. We urge you to write down your backup phrase and store it offline in two different places. If You lose Your Private Information, it will not be possible for Atomic to recover it for You and You may lose access to Your Virtual Currencies. Atomic Wallet don’t have access to your wallet, your funds, your transactions or any other information. If You do not understand the above paragraph then we strictly recommend that You learn more about Virtual Currencies before using the Atomic Desktop and Mobile Light Wallet Applications. If you do not maintain a backup of your Wallet data outside of the Services, you will not be able to access the Virtual Currency associated with your Wallet.

2.1.2. Transactions
The only authentic record of Virtual Currency transactions is the applicable Virtual Currency’s blockchain. The Atomic Desktop and Mobile Light Wallet Applications provide functionality that allows You to send Virtual Currency transfer instructions. Atomic does not guarantee that transactions You perform using the Atomic Desktop and Mobile Light Wallet Applications shall be stored in any Virtual Currency blockchain. You must ensure that Your transactions conform to the applicable rules of the Virtual Currency software. There may be transaction fees (e.g. mining fees) associated with Your Virtual Currency transactions that are required by the virtual currency system You engage with. Atomic shall not be responsible for any losses You incur due to transaction fees or losses that occur due to incorrectly set transaction fees (i.e. too low or high). Atomic does not have access to Your transactions (or anyone else's).

2.1.3. No Control Over Blockchains
Atomic is not the creator of and does not have any control over any of the Virtual Currencies that the Atomic Desktop and Mobile Light Wallet Applications allow You to use.
User's balance and actual transaction history are supported by each cryptocurrency block explorers (ex. https://btgexplorer.com/, https://etherscan.io/ and etc.). All cryptocurrency rates available in the application are supported by https://coinmarketcap.com/ and https://www.cryptocompare.com/.

2.1.4. Third Party Integrations
The Atomic Desktop and Mobile Light Wallet Applications contain libraries developed by third parties. Atomic may provide third-party libraries to You as part of the Atomic Desktop and Mobile Light Wallet Applications solution but shall not be considered to be the owner or licensor of the third-party libraries. Third-party services are used for in-wallet Virtual Currencies exchange operations and in-wallet buying Virtual Currencies operations. We retain the exclusive right to add to, modify, or cancel the availability of any Third Party Service.

2.2.1. In-wallet exchange operations.
By using the exchange within the wallet (‘Atomic Exchange’), You agree with the Terms of Use of the respective third-party partner. Please refer to and respect the relevant third party licenses: Built-in Exchange is supported by Changelly and ChangeNOW. The original Terms of Use are available at https://changelly.com/terms-of-use and https://changenow.io/terms-of-use. Although the Atomic Desktop and Mobile Light Wallet Applications make it easy to engage with the integrated third parties, Atomic shall not be responsible for any consequences stemming from Your use of third-party integrated services. If You need assistance with a third-party integration then You should contact the third-party along with contacting our support.

The estimated amount which is presented to You in the Wallet prior making an exchange is not final. It can differ from the final amount due to market fluctuations.

2.2.2. By using the service within the wallet for buying cryptocurrencies (‘Atomic Buying Crypto Service’), You agree with the Terms of Use of our third-party partner Simplex. The rules described in the Terms of Use of our partner Simplex apply to You in full. Please refer to and respect the relevant Simplex Terms of Use available here https://www.simplex.com/terms-of-use/.

Simplex payment processing is subject to local bank policies. Issuer banks may decline the payment on their own terms. For more information please consult Simplex FAQ available here https://www.simplex.com/kbtopic/faq/.

2.3 No Control Over Blockchains
Atomic is not the creator of and does not have any control over, any of the virtual currencies that the Atomic Exchange and Atomic Buying Crypto Service allow You to use.

2.4. Loyalty Program.
Atomiс is the sole owner and creator of Loyalty Program, which now consists of Airdrop program (‘Atomic Airdrop’) and Cashback Membership Program (‘Atomic Membersh

2.4.1. Atomic Airdrop.
By participating in Atomic Airdrop you acknowledge that you have read, agreed and followed Atomic Airdrop rules https://atomicwallet.io/airdrop.

If You break the rules and/or perform any prohibited actions, such as: registering multiple emails for the airdrop;
using paid traffic for attracting referrals;
any faking, including faking original Atomic Airdrop;
any other types of spamming and scamming;

You will be eliminated from the Airdrop program with no right to register again.
Atomic Wallet reserves the right to eliminate You from the Airdrop program or/and refuse reward payment at any given time and for any reason without further explanations. Atomic Wallet reserves the right to change the Airdrop rules at any time and in our sole discretion.

2.4.2. Atomic Membership.
By participating in Atomic Membership you acknowledge that you have read, agreed and followed Atomic Membership rules https://atomicwallet.io/membership. Atomic Wallet reserves the right to eliminate You from Atomic Membership and/or refuse in cashback payment at any given time and for any reason without further explanations. Atomic Wallet reserves the right to change the Atomic Membership rules at any time and in our sole discretion.

3. User Obligations
You shall:
be of the age of majority in Your local jurisdiction; and,
be responsible for Your own Virtual Currency; and,
backup/write down Your Private Key and Backup Phrase and keep it private; and,
carefully guard Your Private Keys and Backup Phrase in case of usage Atomic Desktop and Mobile Light Wallet Applications and,
ensure that Your device(s) are fully updated and do not contain viruses, malware or otherwise malicious software.

You shall not: violate any laws when using Atomic Desktop and Mobile Light Wallet Applications; or,
circumvent or attempt to circumvent the security measures we are using to protect other accounts, computer systems, or networks connected to the Atomic Desktop and Mobile Light Wallet Applications; or,
deposit Virtual Currency into addresses for tokens and/or coins that are not supported by the Atomic Desktop and Mobile Light Wallet Applications; or,
use Atomic in a manner likely to infer with other Atomic users or virtual currency nodes (e.g. excessive API calls or network spam);

4. Limited Intellectual Property License
This agreement licenses Atomic services to You on a personal, non-exclusive, royalty-free, non-transferable, worldwide-basis, for the purpose of managing virtual currencies. You are not permitted to redistribute any of Atomic Services, modify any code or use any Atomic content, including images and text, as part of any other software or project of any kind. For partnership inquiries please contact us through [email protected].

5. Specifically Disclaimed Risks
Using Virtual Currency software necessarily entails many risks. Atomic specifically disclaims and shall have no liability to You for the following risks:

operating system failures (mobile or desktop); and,
interactions between Your hardware, software, and the Atomic; and,
cloud backup software (e.g. certain Android distributions) may upload your private information to third party services; and,
malware, viruses or other malicious software on Your device that is able to take control of or interfere with Atomic; and,
communication delays between Your Atomic Desktop Light Wallet Application and a node or relay service for a virtual currency (and vice versa); and,
failure to achieve a certain market value/price for a virtual currency token, whether through a third-party service or any other kind of transaction; and, theft of virtual currency tokens.

6. No Warranty
Atomic is provided to You at no cost, "as-is " and without any warranty whatsoever, to the maximum extent permissible by law. Without limiting the generality of the foregoing, Atomic does not warrant that Atomic is fit for Your purpose, even if You have previously provided notice of Your intended purpose, and does not warrant that Atomic will operate in a bug-free manner.

7. Limitation of Liability
IN NO EVENT WILL ATOMIC WALLET BE LIABLE TO YOU FOR: ANY LOST PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, WHETHER OR NOT ATOMIC WALLET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE THEORY OF LIABILITY ASSERTED, WHICH HAVE RESULTED FROM: (I) YOUR USE OF, OR CONDUCT IN CONNECTION WITH, OUR SERVICES; (II) ANY UNAUTHORIZED USE OF YOUR WALLET ADDRESS AND/OR PRIVATE KEY DUE TO YOUR FAILURE TO MAINTAIN THE CONFIDENTIALITY OF YOUR WALLET; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT ARE FOUND IN THE ATOMIC WALLET SOFTWARE OR THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION).

8. Cap on Liability.
UNDER NO CIRCUMSTANCES WILL ATOMIC WALLET BE LIABLE TO YOU FOR DAMAGES ARISING OUT OF THE SERVICES EXCEEDING $50.

9. Indemnity
You agree to indemnify Atomic against any claims, damages, losses or legal fees incurred due to Your use (or misuse) of Atomic.

10. Non-Waiver
No action or inaction on the part of Atomic shall be considered a waiver of any right or obligation by Atomic.

11. Amendment
This agreement may be amended by Atomic by providing You with 30 days' notice of any proposed change. If You do not agree to the amended terms then Your sole remedy shall be to cease using Atomic.

12. Assignment
You may not assign this agreement. Atomic may assign this agreement to 11 days' notice.

13. Discontinuance of Services.
We may, in our 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. You are responsible for storing outside of the Software Your 12-word backup phrase. Saving your backup phrase and private keys pairs associated with your Atomic Wallet will allow you to access the blockchain and your funds at any place and time. This backup will allow You to fully restore Your Wallet at any time without cost or loss of the Virtual Currency.

Atomic Wallet shall not be held responsible or liable for any loss of Virtual Currency in the event that we discontinue or deprecate the Services.

13. Entire Agreement
This is the entire agreement between the parties and supersedes any other agreement, representations (or misrepresentations), or understanding, however, communicated.

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