This ZKSpace Service Agreement (“this Agreement”) is entered into by you (“you” or “User”) and ZKSpace(“ZKSpace” or “we”) and is legally binding on you and ZKSpace.
Before using the ZKSpace(“ZKSpace”), we suggest that you carefully read the full content of this Agreement and other documents mentioned in this Agreement. By visiting ZKSpace and starting to create or import wallet, you agree that you have read and accepted all of the terms and conditions contained in this Agreement, which shall cause this Agreement to become effective and legally binding to both you and ZKSpace immediately.
ZKSpace may, at its sole discretion, modify or replace this Agreement at any time. The modified Agreement will automatically take effect once it is posted in the ZKSpace, and you will not be notified separately. Your use of ZKSpace after any modification to this Agreement constitutes your acceptance of this Agreement as modified. If you do not agree with the modifications, you shall cease to use the ZKSpace immediately.
- ZKSpace: refers to an ecosystem comprising ZKSpace websites (whose domain names include but are not limited to https://zks.org), mobile applications, clients, applets and other applications that are developed to offer ZKSpace Services.
- Users: refer to all individuals, institutions or organizations that access, download or use ZKSpace or ZKSpace Services and who meet the criteria and conditions stipulated by ZKSpace. BY ACCESSING AND USING ZKSPACE SERVICES, YOU REPRESENT AND WARRANT THAT YOU LIVE IN A JURISDICTION WHERE ZKSPACE CAN BE USED LEGALLY OR A LEGAL CITIZEN IN THAT JURISDICTION, COMPLY WITH RELEVAN NATIONAL AND LOCAL REGULATORY REQUIREMENTS, AND HAVE REACHED THE LEVEL OF USING ZKSPACE LEGAL AGE, WITH FULL CAPACITY FOR CIVIL CONDUCT AND CAPACITY FOR CIVIL RIGHTS. AND YOU REPRESENT AND WARRANT THAT YOU HAVE NOT BEEN INCLUDED IN ANY TRADE EMBARGOES OR ECONOMIC SANCTIONS LIST (SUCH AS THE UNITED NATIONS SECURITY COUNCIL SANCTIONS LIST), THE LIST OF SPECIALLY DESIGNATED NATIONALS MAINTAINED BY OFAC (THE OFFICE OF FOREIGN ASSETS CONTROL OF THE U.S. DEPARTMENT OF THE TREASURY), OR THE DENIED PERSONS OR ENTITY LIST OF THE U.S. DEPARTMENT OF COMMERCE. ZKSPACE RESERVES THE RIGHT TO CHOOSE MARKETS AND JURISDICTIONS TO CONDUCT BUSINESS, AND MAY RESTRICT OR REFUSE, IN ITS DISCRETION, THE PROVISION OF ZKSPACE SERVICES IN CERTAIN COUNTRIES OR REGIONS. You may not use any software or network technology, including using a virtual private network (VPN) to modify your Internet protocol address, or otherwise circumvent or attempt to circumvent this prohibition.
- Create or import Wallet: means you use the ZKSpace to create or import a Wallet.
- Wallet Password: this refers to the password you set when you create ZKSpace Wallet. The Wallet Password will be used to encrypt and protect your Private Key.
- Private Key: Private Key is the core for the User to hold and use the Tokens.
- Public Key: is derived from the Private Key based on cryptography and is used to generate wallet addresses. A wallet address is a public address for the receiving of Tokens.
- Mnemonic Words: consists of 12 words which are randomly generated, the industry standard of blockchain. It is a human-readable format of words to back up your Private Key for recovery.
- Tokens: means the tokens which are supported by the ZKSpace currently, including but not limited to ETH and ZKS.
You understand and acknowledge that blockchain technology is a field of innovation where the laws and regulations are not fully established. You may be faced with material risks including instability of technology or failure of Tokens redemption. You shall make investment decisions and hold or dispose of the Tokens in a reasonable way and corresponding to your financial status and risk preferences. Trading digital assets is the free choice and decision of the user, and he shall bear the risks and possible losses. ZKSpace does not make any express or implied warranties for users to use the ZKSpace service, including but not limited to the suitability of the service provided by ZKSpace, no errors or omissions, continuity, accuracy, reliability, and suitability for a specific purpose Wait. At the same time, ZKSpace does not make any promises and guarantees for the validity, accuracy, correctness, reliability, completeness and timeliness of the technology and information involved in the services provided by ZKSpace. Whether to log in and use the services provided by ZKSpace is the user's personal decision, and at his own risk and possible loss. ZKSpace and its affiliates, as well as their respective shareholders, directors, senior staff, employees, etc., shall not assume any legal responsibility for any loss or damage caused by users directly or indirectly using the content and service of this platform.
- Create or import a Wallet. You may use the ZKSpace client application to create a new wallet or import wallets generated by other wallet applications.
- Send， receive or transfer Tokens. You may manage your digital Tokens by using the Send, receive and transfer functionalities of ZKSpace client application. The actual send, recieve and transfer of Tokens happen on the blockchain system (instead of in the ZKSpace). You understand that blockchain operations are “irrevocable”. When you use the ZKSpace to transfer Tokens, you shall be responsible for the consequences and losses of your mishandling the transfer (including but not limited to wrong addresses, wrong amounts, problems of the node servers selected by you,etc).
- Deposit， withdraw or send Tokens. You may manage your digital Tokens by using the deposit, withdraw and send functionalities of ZKSpace web application. The actual deposit, withdraw and send of Tokens happen on the blockchain system (instead of in the ZKSpace). You understand that blockchain operations are “irrevocable”. When you use the ZKSpace to transfer Tokens, you shall be responsible for the consequences and losses of your mishandling the transfer (including but not limited to wrong addresses, wrong amounts, problems of the node servers selected by you,etc).
- Manage Tokens. You may use the ZKSpace to add, manage, or delete the Tokens supported by ZKSpace.
- Market data. ZKSpace will provide market data of the listed cryptocurrencies on ZKSpace client application to help users view market data of related cryptocurrencies. These data are read from the blockchain and cannot be changed by the company. All market data content is for user reference only and does not constitute any investment advice, and ZKSpace does not make any guarantees for its accuracy, completeness and timeliness.
- ZKSpace. You can swap cryptocurrencies listed on ZKSpace.
- ZKSea. You can mint NFT on ZKSea or buy NFT on the ZKSea marketplace.
- Transaction records. We will copy all or part of your transaction records from the blockchain system. However, Users shall refer to the blockchain system for the latest transaction records.
- Change, suspension, restriction, or termination of service. You understand that under certain circumstances, we may change, suspend, restrict, or terminate the functions of the ZKSpace used by a particular User. You are entitled to export your wallets within a reasonable amount of time if ZKSpace changes, suspends, or terminates its services. ZKSpace has the right to cancel the user’s ZKSpace account or terminate all ZKSpace services in accordance with this agreement. This agreement terminates on the date of account cancellation or the day when all ZKSpace services are terminated. After this agreement is terminated, the user has no right to request ZKSpace to continue to provide any services or perform any other obligations. We may decide from time to time (without prior notice) whether for any reason, all or part of the permanent or non-permanent modification, suspension or disabling of the service, including but not limited to any reason caused by security incidents . And we are not responsible for any loss incurred due to any service modification, suspension or termination.
- Other services that ZKSpace would like to provide. Users who accept the services mentioned above provided by ZKSpace must understand that: The user bears full responsibility for any operation and consequences of using the ZKSpace account and password. Users shall take care of their mobile devices, Wallet Password, Private Key, Mnemonic Words, and Keystore by themselves. ZKSpace does not store or hold the above information for Users. You shall be responsible for any risks, liabilities, losses, and expenses that result from fraud, the loss of your mobile devices, disclosing (whether actively or passively) or forgetting the Wallet Password, Private Key, Mnemonic Words, or your wallet being attacked. The user shall not give, borrow, transfer or otherwise dispose of ZKSpace account to others without the consent of ZKSpace.
D. Your Rights and Obligations
- User commitment. You promise that you have full capacity for civil rights and capacity, or although you do not have full capacity for civil rights and capacity, but visit ZKSpace and start to create or import wallet, it will be deemed to have been approved by your legal representative and registered and applied ZKSpace services by your legal representative.
- Create or import wallet. You are entitled to use ZKSpace on your computer or mobile devices to create and/or import wallet, set Wallet Password, and use your wallet to transfer and receive Tokens on the blockchain.
- Identification verification. If ZKSpace reasonably deems your operation or transaction to be abnormal, or considers your identification to be abnormal, or considers your identification to be doubtful, or ZKSpace considers it necessary to verify your identification documents or other necessary documents, you shall cooperate with ZKSpace and provide your valid identification documents or other necessary documents and complete the identification verification in time.
- Compliance. You understand that you shall abide by relevant laws, regulations, and policies when you use the ZKSpace. You shall not use the ZKSpace to commit any illegal or unlawful activities. You understand and accept that you shall be responsible for any violation of law or breach of this Agreement by you and shall indemnify ZKSpace against any losses, the third-party claims or administrative penalties against ZKSpace incurred by such violation or breach.
- Without the authorization or permission of ZKSpace, users shall not engage in any commercial activities in the name of this platform, nor shall they use ZKSpace as a place, platform or medium for commercial activities in any form. No commercial use of any data on ZKSpace is allowed, including but not limited to the use of the data displayed on ZKSpace in any way such as copying, dissemination, etc. without ZKSpace's prior written consent.
- Gas and taxes. You need to pay gas when you transfer Tokens, the amount of which would be on your sole discretion and would be collected by certain parties within the blockchain system. Under some specific circumstances, your transfer of Tokens may fail due to an unstable network, but you may still be charged gas by the certain parties within the blockchain system. In addition, you shall bear all the applicable taxes and other expenses occurred due to your transaction on the ZKSpace.
E. Disclaimer and Limitation of Liability
You understand and agree that within the maximum scope permitted by law, ZKSpace can only provide the services listed in this agreement in accordance with the current technical level and conditions. If losses are caused to you due to the following force majeure or other reasons beyond our control, this platform will not be liable within the scope permitted by law.
- Malfunction of ZKSpace resulting from system maintenance or upgrading of ZKSpace, or force majeure, such as typhoon, earthquake, flood, lightning, or terrorist attack, etc., or any other reasons not imputed to the ZKSpace;
- Users who lose their mobile devices, delete ZKSpace and wallets without back-up, forget Wallet Passwords, Private Keys, Mnemonic Words, Keystores without back-up, unfamiliar with the knowledge of blockchain which results in the loss of their Tokens;
- ZKSpace is unable to copy accurate transaction records due to system delay or blockchain instability etc..
- If you use ZKSpace or other applications with the same name as “ZKSpace” from any unauthorized third party, ZKSpace cannot guarantee the normal operation or security of such application, any loss caused by using such application shall be borne by you.
- Anyone can list any currency on the decentralized exchange without telling the company. You hereby understand and agree that ZKSpace will not be liable for any losses or damages arising out of or relating to:
- Purchased fake cryptocurrency with the same name;
- The owner of the cryptocurrency project removes the liquility pool, resulting in the cryptocurrency cannot be sold;
- The cryptocurrency project party deliberately buried a back door in the contract, which caused the cryptocurrency to be unable to be sold or the number of currency assets decreased;
- Except for projects that are legally authorized by ZKSpace and publicly disclosed on the platform, ZKSpace does not endorse any third party project. Users are requested to refer to the information officially disclosed on the platform. If you obtain a software or a website with the same name as ZKSpace from an unauthorized third party, ZKSpace cannot guarantee the normal use of the software, nor can it guarantee its safety, so you shall bear the losses caused by it.
- Any other losses not caused by the company.
ZKSpace respects the privacy of users. You understand and agree that when you use the services provided by ZKSpace, you agree that ZKSpace can collect, store, disclose, use and protect your personal information within a reasonable and legal scope. Including personal registration information provided by the user; when the user uses the ZKSpace service, ZKSpace automatically receives and records the server value on the user's browser, including but not limited to data such as IP address and data records requested by the user; and ZKSpace Other user personal information obtained through legal means, etc. The user's successful registration with ZKSpace shall be deemed as the user's agreement that ZKSpace can collect and use the above-mentioned various types of information of the user without requiring the user's additional consent.
G. Liability for breach of contract
ZKSpace or the user's violation of this agreement constitutes a breach of contract, and the breaching party shall be liable for breach of contract to the observant party. If the user causes losses to ZKSpace due to the following breaches of contract, ZKSpace has the right to demand compensation for the losses caused by ZKSpace:
- Loss to ZKSpace due to untrue, incomplete or inaccurate information provided by users;
- If the user engages in illegal activities in ZKSpace or using the ZKSpace service due to violation of laws and regulations or the provisions of this agreement, ZKSpace has the right to immediately terminate the provision of this service to him and demand compensation to ZKSpace. Loss caused by Wallet;
- If the user interferes with the operation of ZKSpace by technical means or interferes with the use of ZKSpace by other users, ZKSpace has the right to immediately terminate the provision of this service and demand compensation for the losses caused to ZKSpace;
- If the user maliciously slanders the goodwill of ZKSpace by fictitious facts, ZKSpace has the right to request the user to stop the infringement immediately, apologize publicly to ZKSpace, bear the corresponding legal responsibility and compensate ZKSpace for any losses caused thereby.
H. Intellectual Property Rights Protection
The ZKSpace is a website or application developed and owned by ZKSpace. The intellectual property right of any contents displayed in the ZKSpace (including but not limited to all data, files, materials, products, algorithms, software programs (including source code and compiled code), computer programs, business plans, market plans, know-how, inventions, discoveries, designs, customer information, trademarks or logo etc.) are owned by ZKSpace or the third-party licensors. ZKSpace only grants users a limited, revocable permission to use ZKSpace and its contents for the purpose of holding and managing their Tokens. In particular, without prior written consent from ZKSpace or designated right holders. Users can only use ZKSpace and its contents for the purpose of holding and managing digital assets. No one shall use, modify, decompile, reproduce, Integrate, tamper, publicly disseminate, alter, distribute, issue or publicly publish the above-mentioned websites and contents.
I. Governing Law and Dispute Resolution
- The validity, interpretation, modification, execution and dispute resolution of this agreement shall be governed by the laws of Republic of Singapore. If there is no relevant legal provision, the general international business practice and/or industry practice shall be referred to.
- Disputes arising from this agreement shall first be resolved through friendly negotiation. If the negotiation fails, one party shall submit the dispute to the people's court where the platform is located for litigation.
All disputes, controversies and claims ("disputes") arising from or related to this agreement or the violation, suspension or invalidity of this agreement shall be settled by both parties through friendly negotiation. If the two parties fail to reach an agreement, each party agrees to submit the dispute to the Shanghai International Arbitration Center and settle the dispute in accordance with the current effective arbitration rules. The arbitration award is final and binding on both parties.
- The user knows and understands the characteristics of the Internet without borders, and agrees to comply with all applicable areas related to Internet services (including the place where the service is provided, where the user is located, etc.) on this platform, including but not limited to the use of services and networks Including but not limited to laws and regulations governing output technology and data transmission.
J. Entire Agreement
- This agreement consists of "ZKSpace Service Agreement" and various rules published by ZKSpace from time to time.
- Some of the contents of this agreement are deemed to be violated or invalid, and the validity of other agreement terms will not be affected thereby.
- Any translated version of this agreement is provided for the convenience of users only, and there is no intention to modify the terms of this agreement. If there is a conflict between the Chinese version of this agreement and the non-Chinese version, the Chinese version shall prevail.
This Agreement shall become effective on February 19th, 2021.
As for issues not covered in this Agreement, you shall comply with the announcements and relevant rules as updated by ZKSpace from time to time.