Terms of use

Tonhub is a software service accessible via a mobile device application and a browser service for the TON Network (the "Network") distributed by Whales Corp ("Whales" or "we" or "us" or "our") that enables users to the following services (i) self-custody digital assets; (ii) access a digital asset browser and link to decentralized applications and decentralized exchanges; (iii) view addresses and information that are part of digital asset networks and broadcast transactions (iv) additional services provided by Partners; and (v) additional functionality as Whales may add to the app from time to time (collectively, the "App" or "Tonhub" or "Tonhub Wallet"). Whales may provide access to third parties ("Partners") to provide services through the Application.Whales Corp developed these Terms of Service (these "Terms") to describe the terms that govern your use of all versions of the App. These terms and additional information about the Wallet App can be found on the Tonhub website located at https://tonhub.com (the "Site").UNLESS STATED OTHERWISE, ARE INDEFINITE HERE GOVERNED BY ADDITIONAL TERMS OF USE. ADDITIONAL TERMS OF USE ARE PUBLISHED ON THE WEBSITE, AS WELL AS IN THE APPLICATION.

Terms

Intellectual Property - any intellectual and industrial property rights owned by Whales, such as trademarks, service marks, logos, copyrights and related rights, know-how, research, publications, agreements, trade and trade names, etc. Account - a personal or business account opened with TonHub which you can use the Services. Personal Data - any information that is necessary, among other things, to verify your identity, use of the Services and comply with regulatory requirements Card - a virtual or physical card issued by Partners, which may be used in certain jurisdictions, as the case may be, in relation to the Services. Wallet – the User's cryptocurrency wallet, which can be accessed through the Application. Cryptocurrency -a digital representation of value that does not have the legal status of currency or money, that is not issued or guaranteed by a central bank or any other government body, is not necessarily tied to a currency, but is accepted by individuals or legal entities as a medium of exchange, and that can be transferred, stored and sold electronically. Site - The TonHub website located at https://tonhub.com/

By clicking "I Agree" or by accessing the Application or using any or all of the Services, you agree to be bound by these Terms. If you don't agree to be bound by these Terms, you may not access or use the Services.

Privacy Policy

Please refer to our Tonhub's Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to, and that we can collect, use and/or disclose your information (including any personal data you provide to us) in accordance with, our Privacy Policy.

Services description

Whales or Partners are exclusively entitled to decide on functionality, the use, subject matter and the range of the Services as well as to cease rendering the Services. Whales is exclusively authorized to decide on the contents and the nature of the Services as well as to freely add, change, or remove particular elements. The use of any new Services, after the User has accepted these Terms shall be subject to its provisions.

Wallet services

TonHub wallets allow the user to store, send and receive supported cryptocurrencies.

Withdrawals and deposits

You can deposit cryptocurrency into your wallet and withdraw cryptocurrency from your Wallet. The Cryptocurrencies may be deposited from another Cryptocurrency wallet held by the User and also from a Cryptocurrency wallet not held by the user. You can withdraw cryptocurrencies to another cryptocurrency wallet owned by the User, as well as to a cryptocurrency wallet that does not belong to the user. When withdrawing funds, the User is responsible for ensuring that the entered wallet address is correct and valid, otherwise the funds may be lost forever. When withdrawing funds, the user's wallet must have enough funds to process. transactions, including any applicable fees. Whales is not responsible for and will not reimburse the User for any loss or damage if the User has provided an incorrect wallet address.

Card issue

You can order a card provided by Partners. Detailed information about the conditions and tariffs you can see here

Who May Use the Services

Eligibility

If you are under the age of majority in your jurisdiction of residence, you may use the Site or Services only with the consent of or under the supervision of your parent or legal guardian. NOTICE TO PARENTS AND GUARDIANS: By granting your minor permission to access the Site or Services, you agree to these Terms of Use on behalf of your minor. You are responsible for exercising supervision over your minor's online activities. If you do not agree to these Terms of Use, do not let your minor use the Site or Services.

The rules for gaining access to the card ordering service provided by Partners may differ from the rules established by this paragraph. The issuance of Partners' cards is carried out in accordance with the policies and rules established by the Partners.

Registration and Your Information

If you wish to use the Services, you will need to create an account ("Account") through the Application. You agree that: (i) will not disclose your credentials to anyone and you will immediately notify us of any unauthorized use of your Account; (ii) You are not a citizen or resident of a country subject to sanctions, according to the latest lists of the US Office of Foreign Assets Control (OFAC), the United Nations, the European Union and any EU member state, the UK Treasury, etc. (iii) You are not identified as a "Designated National" and are not on the U.S. Department of Commerce's List of Prohibited Persons. You're responsible for all activities that occur under your Account, or are otherwise referable to your Account credentials, whether or not you know about them. We reserve the right to suspend or terminate your Account if you provide inaccurate, untrue, or incomplete information, or if you fail to comply with the Account registration requirements or these terms.You are solely responsible for the retention and security of your 24 word recovery phrase ("Recovery Phrase"). Your Recovery Phrase is the only way to access the cryptocurrency associated with your Account. Anyone that has access to your Recovery Phrase can access your cryptocurrency. If you lose your Recovery Phrase, you will not be able to access your cryptocurrency. You acknowledge that Whales Corp does not store and is not responsible in any way for the security of your Recovery Phrase and you agree to hold Whales Corp harmless and that Whales Corp shall not be liable in any way in the event you lose your Recovery Phrase and cannot access your cryptocurrency.

Feedback

We welcome feedback, comments, ideas, and suggestions for improvements to the Services ("Feedback"). You can submit Feedback by contacting us at [email protected]. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

Content Ownership, Responsibility and Removal

For purposes of these Terms: (i) "Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) "User Content" means any Content that Account holders (including you) make available through the Services. Content includes without limitation User Content. We do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Whales Corp and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

Rights in User Content Granted by You

In order to operate and provide our Services, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, copy, distribute, create derivative works of, display, and perform the User Content that you upload, submit, store, send, or receive on the App or through our Services. The rights you grant in this license are for the limited purpose of operating and providing our Services. Additional information about your privacy and how we use User Content is available in the Privacy Policy. You warrant and represent that you have the right and authority to submit your User Content and that the User Content or any part thereof does not infringe the intellectual property rights or any other rights of any third party. You acknowledge that, in certain instances, where you have removed your User Content by specifically deleting it, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

Rights in Content Granted by Whales Corp

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display and print the Content solely in connection with your permitted use of the Services.

Rights in App, Site and Services Granted by Whales Corp

The App, Site and Services are proprietary to Whales Corp and its licensors and must not be used other than strictly in accordance with these Terms. Whales Corp grants to you a limited, non-exclusive, non-transferable, non-sublicensable right to use the App and Site for the purposes of accessing and using the Services in accordance with these Terms.

Fees

We may charge fees for some or part of the Services we make available to you. We reserve the right to change those fees at our discretion with notice. We will disclose the amount of fees we will charge you for the applicable Service at the time that you access the Service. You may incur charges from third parties for use of linked services. For example, you may be charged fees via the Dapps and/or DEXs that you may access via the App. Third party fees are not charged by Whales Corp and are not paid to Whales Corp.

Acceptable Use and Whales Corp's Enforcement Rights

You agree not to use the Services in ways that:

• Violate, misappropriate, or infringe the rights of Whales Corp, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights;
• Are illegal, defamatory, threatening, intimidating, or harassing;
• Involve impersonating someone;
• Breach any duty toward or rights of any person or entity, including rights of publicity, privacy, or trademark;
• Involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like;
• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our service providers or any other third party (including another user) to protect the Services or Content;
• Disguise your location through IP proxying or other methods;
• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
• Violate any applicable law or regulation; or
• Encourage or enable any other individual to do any of the foregoing.

Although we have no obligation to monitor any User Content, we have absolute discretion to remove User Content at any time and for any reason without notice. You understand that by using the Services, you may be exposed to User Content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any User Content, including any loss or damage to any of your User Content. You agree to comply with all applicable US and non-US export control and trade sanctions laws ("Export Laws"). Without limiting the foregoing, you may not download the App or use the Services if 1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan, or Syria or any other country subject to United States embargo, UN Security Council Resolutions ("UNSCR"), HM Treasury's financial sanctions regime, or if you are on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List, Entity List HM Treasury's financial sanctions regime; or (2) you intend to supply any Services to Cuba, Iran, North Korea, Sudan or Syria or any other country subject to United States embargo or HM Treasury's financial sanctions regime (or a national or resident of one of these countries), or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List, Entity List, or HM Treasury's financial sanctions regime.

Third Party Materials

The Services and App may contain links to third-party services and/or Dapps ("Third Party Materials"). The Services enable you to access Dapps via Whales Connect by navigating away from the App to the Dapp or by enabling a native frontend software link within the App. When using a Dapp or other Third Party Materials, you understand that you are at no time transferring your assets to us. We provide access to Third Party Materials only as a convenience, do not have control over their content, do not warrant or endorse, and are not responsible for the availability or legitimacy of, the content, products or services on or accessible from those Third Party Materials (including any related websites, resources or links displayed therein). We make no warranties or representations, express or implied, about such linked Third Party Materials, the third parties they are owned and operated by, the information contained on them or the suitability of their products or services. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites, applications, or resources.

Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by following the account closure instructions in the App. Upon any termination, discontinuation or cancellation of Services or your Account, (i) all rights and/or licences granted to you under these Terms shall immediately cease and terminate and you shall forthwith cease the use and/or access of the App, Site, Services and Content in any way whatsoever; and (ii) notwithstanding the foregoing, the following provisions will survive: Feedback, Content and Content Rights, Content Ownership, Responsibility and Removal (save for the subsection "Rights in Content Granted by Whales Corp"), Termination, Warranty Disclaimers, Indemnity, Limitation of Liability, Dispute Resolution, and General Terms.

Warranty Disclaimers

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES (INCLUDING ANY PRIVATE KEY STORAGE SERVICE OFFERED AS PART OF THE SERVICES, WHETHER CLOUD OR HARDWARE-BASED) AND CONTENT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE APP, SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHALES CORP SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. WHALES CORP DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SERVICES OR ANY OF THE MATERIALS CONTAINED THEREIN WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE. USE OF ANY PRIVATE KEY STORAGE SERVICE INCLUDED AS PART OF THE SERVICES IS OFFERED TO YOU AS A CONVENIENCE, SUBJECT TO THE LIMITATIONS ABOVE. TO BE SAFE, YOU SHOULD ALWAYS BACKUP YOUR PRIVATE ACCESS KEY VIA SECONDARY MEANS.

Indemnity

You will indemnify and hold harmless Whales Corp and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, (iii) Third Party Materials, or (iv) your violation of these Terms.

Limitation of Liability

TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, WHALES CORP SHALL NOT BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES ALLEGEDLY ARISING FROM THE COMPROMISE OR LOSS OF YOUR LOGIN CREDENTIALS OR FUNDS, OR LOSS OF OR INABILITY TO RESTORE ACCESS FROM YOUR BACKUP PHRASE, OR FOR MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS AND/OR ERRORS IN THE TRANSMISSION OF TRANSACTIONS OR MESSAGES TO THE TON NETWORK, OR THE FAILURE OF ANY MESSAGE TO SEND OR BE RECEIVED BY THE INTENDED RECIPIENT IN THE INTENDED FORM, OR FOR DIMINUTION OF VALUE OF ETHER OR ANY OTHER DIGITAL TOKEN OR DIGITAL ASSET ON THE ETHEREUM NETWORK. WHALES CORP SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE SERVICES, EVEN IF AN AUTHORIZED REPRESENTATIVE OF WHALES CORP HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. WHALES CORP SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO SOFTWARE, PRODUCTS, SERVICES, AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD-PARTIES AND ACCESSED THROUGH THE APP, SITE OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL WHALES CORP's TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE HUNDRED U.S. DOLLARS ($USD100.00) OR ITS EQUIVALENT IN THE LOCAL CURRENCY OF THE APPLICABLE JURISDICTION.

Dispute Resolution

Governing Law, Forum and Venue

These Terms and any action related thereto will be governed by the laws of the state of California in the United States, without regard to its conflict of laws provisions, If you are a user located in the United States or Canada, the terms in the "Special Arbitration Provision for United States or Canada Users" section below apply to you. If you are not located in the United States or Canada, you agree that you will resolve any claim you have with us relating to, arising out of, or in any way in connection with our Terms, us, or our Services (each, a "Dispute", and together, "Disputes") exclusively in the state courts located in the City and County of San Francisco, California, or federal court for the Northern District of California and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such Disputes.

Special Arbitration Provision for United States or Canada Users

If you are a user located in the United States or Canada, you and Whales Corp agree that any Dispute **shall be finally settled in binding arbitration, on an individual basis, in accordance with the American Arbitration Association's rules for arbitration of consumer-related disputes (accessible at https://www.adr.org/aaa/faces/rules) and you and Whales Corp hereby expressly waive trial by jury and right to participate in a class action lawsuit**, private attorney general actions, or class-wide arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an "IP Protection Action"). The exclusive jurisdiction of an IP Protection Action shall be the courts of San Francisco, California and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating IP Protection Actions. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies to the arbitration. The arbitration will be conducted by a single, neutral arbitrator and shall take place in the county or parish in which you reside, or another mutually agreeable location, in the English language. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys' fees when authorized by law, and the arbitral decision may be entered as a judgement and enforced in any court of law. At your request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. The prevailing party in any action or proceeding to enforce this agreement shall be entitled to costs and attorneys' fees. If the arbitrator(s) or arbitration administrator would impose filing fees or other administrative costs on you, we will reimburse you, upon request, to the extent such fees or costs would exceed those that you would otherwise have to pay if you were proceeding instead in a court. We will also pay additional fees or costs if required to do so by the arbitration administrator's rules or applicable law. Apart from the foregoing, each Party will be responsible for any other fees or costs, such as attorney fees that the Party may incur. If a court decides that any provision of this Special Arbitration Provision is invalid or unenforceable, that provision shall be severed and the other parts of this Special Arbitration Provision shall still apply. In any case, the remainder of this User Agreement, will continue to apply.

The purity of cryptocurrency

We may use the transaction data of your wallets to transfer information to third parties to verify cryptocurrencies for actions that violate the rules for countering the laundering of proceeds from crime and the financing of terrorism or any other actions that violate the terms of the agreement or any regulatory legal acts of states (Illegal actions). If such a cryptocurrency is detected on Users' wallets, we have the right to publish data on the participation of this wallet in Illegal Actions on the Internet.

General Terms

These Terms constitute the entire and exclusive understanding and agreement between Whales Corp and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Whales Corp and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the "Special Arbitration Provision" section above or by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given by posting to the Services and/or through other electronic communication. You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, "Communications") that we provide in connection with your Account and your use of the Services. Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Whales Corp. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.These Terms are written in English (U.S.). Any translated version is provided solely for your convenience. To the extent any translated version of our Terms conflicts with the English version, the English version controls.

Contact Information

If you have any questions about these Terms or the Services, please contact us at [email protected].