PLEASE READ CAREFULLY BEFORE DOWNLOADING ANY SOFTWARE FROM THIS WEBSITE:
This License agreement (License) is a legal agreement between you (Licensee, User or you), GEMXX Corporation. (OTC: GEMZ) (Licensor, Company, us or we), and Core State Holdings, Corp. (Service Provider, us or we) for the data supplied with the software, and the associated media (Software).
We license use of the Software to you on the basis of this License. We do not sell the Software to you. We remain the owners of the Software at all times. BY DOWNLOADING THE SOFTWARE FROM THIS WEBSITE YOU AGREE TO THE TERMS OF THIS LICENSE WHICH WILL BIND YOU. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, WE WILL NOT LICENSE THE SOFTWARE AND DOCUMENTS TO YOU AND YOU MUST DISCONTINUE THE DOWNLOADING PROCESS NOW. IN THIS CASE DOWNLOADING PROCESS WILL TERMINATE.
We may change the terms of the License at any time for whatever reason and without notice. The terms of the License will be available on the Website where you downloaded the Software from. Your continued use of the Software constitutes acceptance of the new terms.
OPERATING SYSTEM REQUIREMENTS:
TYPE OF MOBILE DEVICES : Smartphone. Tablet.
TYPE OF OPERATING SYSTEM : iOS, Android
1. Grant and scope of License
1.1 In consideration for you agreeing to abide by the terms of this License, we hereby grant to you a non-exclusive, non-transferable License to use the Software on the terms of this License.
1.2 You may:
a – Access, download, install and use the Software for your personal and Business purposes only: on one central processing unit (CPU) if the License is a single-user License or the Software is for single use.
b – Provided it is used on only one smartphoneor other device at any one time, transfer the Software from one device to another.
c – Provided you comply with the provisions in condition 2, make up to a reasonable number of copies of the Software for backup purposes only; and receive and use any free supplementary software code or update of the Software incorporating “patches” and corrections of errors as may be provided by us from time to time.
1.3 Eligibility. To be eligible to use the GEMXX Wallet Services, be of age of majority in Your local jurisdiction. Your eligibility to access certain GEMXX Wallet Services also depends on the country in which you reside. According to the requirements of local authorities, the Company may restrict installation of the Software within certain countries or within their constituent parts. The Company does not assume any liability for the User’s installation of the Software and its subsequent usage within such countries or their constituent parts.
1.4 Identity Verification (KYC). You agree to provide us with the information we request for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime; and permit us to keep a record of such information. You may need to complete certain verification procedures before you are permitted to use the GEMXX Wallet Services and your access to one or more GEMXX Wallet Services, including certain transfers of FIAT, Funds, and Digital Currency, and the limits that apply to your use of the GEMXX Wallet Services, may be altered as a result of information collected on an ongoing basis. The information we request may include certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, government identification number, and information regarding your bank account (such as the name of the bank, the account type, routing number, and account number). In providing us with this or any other information that may be required, you confirm that the information is accurate and authentic. You agree to keep us updated if any of the information you provide changes. You authorize us to make the inquiries, whether directly, through our Service Provider, or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these inquiries** , you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that **** these agencies may respond to our inquiries in full ***. This is an identity check only and should have no adverse effect on your credit rating.* Additionally, we may require you to wait some amount of time after completion of a transaction, before permitting you to use further GEMXX Wallet Services and/or before permitting you to engage in transactions beyond certain volume limits. This includes authorizing your wireless operator (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to use your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status details, if available, solely to allow verification of your identity and to compare information you have provided to GEMXX Wallet with your wireless operator account profile information for the duration of the business relationship.
The Company operates a software program, developed by our Service Provider that enables users to access, send, receive, exchange/convert, make money on referral and loyalty program for the store and transfer virtual currencies, tokens, and cryptocurrencies (collectively, “Cryptocurrency”). This license agreement permits You to use the GEMXX Wallet subject to certain conditions, rights and obligations.
Deposits and withdrawals
You may deposit Cryptocurrencies into your GEMXX Wallet account at any time during the duration of your contractual relationship with the Company. Cryptocurrencies as means of payment for other Cryptocurrencies will be accepted via Cryptocurrency transfer (AMML, BTC, ETH, etc.) where the originator is you. The Company allows you to receive deposits higher than the established limit, but does not accept internal third party or anonymous payments in favor of your account in the amount higher than the established limit and without going through KYC procedure. The Company shall perform withdrawals of your Cryptocurrencies, upon an application for withdrawal made via the Wallet.
Cryptocurrencies are transferred between Users’ accounts immediately and without active participation of the Company. The Company does not guarantee timely withdrawals and transfers to accounts outside GEMXX Wallet network.
The only authentic record of Cryptocurrency transactions is the applicable blockchain. The Wallet provides functionality that allows You to send Cryptocurrencies transfer instructions. Timely manner of transactions is guaranteed only between GEMXX Wallet accounts. Timely and efficient manner of transactions involving other cryptocurrency wallets and networks is not guaranteed because it is out of the Company’s control.
You must ensure that Your transactions conform to the applicable rules of the software for the Cryptocurrencies (especially with smart contract systems like Ethereum). The Company reserves the right to refuse to process or to cancel any pending Cryptocurrency Transaction as required by law or in response to a subpoena, court order, or other binding government order or to enforce transaction limits.
The Company cannot reverse a Cryptocurrency Transaction which has been broadcast to a Digital Currency network. The Wallet services are available only in connection with those Cryptocurrencies that the Company, in its sole discretion, decides to support. The Cryptocurrencies that the Company supports may change from time to time. Under no circumstances should you attempt to use your Wallet to store, send, request, or receive Cryptocurrencies in any form that are not supported by the Company. The Company and its Service Provider assumes no responsibility or liability in connection with any attempt to use the Wallet for Cryptocurrencies that the Company does not support.
GEMXX Wallet internal transactions will not be shown on public scanners (like: etherscan.io) that only show transactions made in decentralized blockchain. Transfers from GEMXX Wallet to other cryptocurrencies will not be shown at deposit address. GEMXX Wallet cryptocurrency/fiat exchange rate will show approximate average market rate for information purposes only not actual rate that could be applied through trading companies. Only User will be able to see his/her GEMXX Wallet transaction in a timely and accurate manner.
Unauthorized and Incorrect Transactions. Where a transaction is initiated from your GEMXX Wallet account using your credentials including your PIN code, we will assume that you authorized such transaction. All transactions can be conducted only after entering your PIN code. A transaction cannot be initiated without entering your PIN code. Performed transactions cannot be reversed or cancelled. We may not reset your password if you do not have access to your GEMXX Wallet Account.
If you believe you did not authorize a particular transaction or that a transaction was incorrectly carried out, you must contact us as soon as possible and in any case no later than 3 months after the relevant transaction occurred by email free of charge at [email protected]. It is important that you regularly check your GEMXX Wallet balance and your transaction history regularly to ensure any unauthorized or incorrect transactions are identified and notified to us at the earliest possible opportunity. We and our Service Provider, are not responsible for any claim for unauthorized or incorrect transactions even if you have notified us in accordance with this section. We accept complaints only from Users that went through the KYC procedure. Any compensation or acceptance of liability is within sole discretion of the Company.
Refund Policy: It is the nature of AMML, Bitcoin, Litecoin, and the other cryptocurrencies on our website that all transactions are final with no method of chargeback or recourse for the sender of the funds. As such, we are unable to reverse or provide refunds for any payment made through our payment system.
Funds Recovery – Sends to wrong coin/chain, missing tags, delisted coins, etc.
If coins are sent to the wrong coin or blockchain or to a delisted coin and need to be recovered by us manually there will be an 8% recovery fee; if the coins can be recovered at all. This would apply if for example you sent Ether to an Ether Classic address or Digitalcoin to a Dogecoin address, etc. This would also apply to coins that require a destination tag, payment ID, memo, etc. and they were not set or were set to an incorrect value. We will not recover tokens we do not support for example from Ether-based ICOs that aren’t on our Supported Coins list. You must contact us within 60 days for us to recover your funds for you or they will be forfeited.
Supported Digital Currencies. Our GEMXX Wallet Services are available only in connection with those digital currencies that GEMXX Wallet supports, and this may change from time to time. Under no circumstances should you attempt to use your Digital Currency Wallet to store, send, request, or receive digital currencies in any form that we do not support (although we will use reasonable efforts to help you move or sell Digital Currency that we no longer support). We and our Service Provider assume no responsibility or liability in connection with any attempt to use your GEMXX Wallet for digital currencies that we do not support.
Third Party Payments. We and our Service Provider have no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any goods or services that you may purchase or sell to or from a third party (including other users of GEMXX Wallet Services). We and our Service Provider are not responsible for ensuring that a third party buyer or a seller you transact with will complete the transaction or is authorized to do so. If you experience a problem with any goods or services purchased from, or sold to, a third party using Digital Currency transferred using the GEMXX Wallet Services, or if you have a dispute with such third party, you should resolve the dispute directly with that third party. If you believe, a third party has behaved in a fraudulent, misleading, or inappropriate manner, or if you cannot adequately resolve a dispute with a third party, you may notify GEMXX Wallet Support at mai[email protected] so that we may consider what action to take, if any.
Appointment of Regulated Third Parties. You may appoint appropriately regulated third parties to access your GEMXX Wallet. If you do, you should be aware that by virtue of such access, that third party may access your transactional and other data, and / or may initiate transfers from your GEMXX Wallet.
Refusing to deal with Regulated Third Parties. We and our Service Provider may refuse access to regulated third parties for objectively justified and duly evidenced reasons relating to unauthorized or fraudulent access to your GEMXX Wallet. In such cases, unless we are prohibited by applicable law, we will inform you that that third party’s access has been denied and the reasons why. We will permit access again once we are satisfied that the reasons for refusing access no longer exist.
Transactions Limits. A registered GEMXX Wallet user that has not completed KYC may only use GEMXX Wallet to the limited extent of USD 900 per day. A registered user that completed KYC may use their GEMXX Wallet without any limit or may impose limit on the amount of his daily transactions. Loyalty program limits can be found on GEMXX Wallet loyalty setting page.
4. Referral Program
User is entitled to benefit from Referral program and receive commission from transaction fee paid by Users referred by him/her and identified as such by referral code. The Service Provider also provides all GEMXX Wallet users with PerkCoin tokens (PCT) as a bonus.
User signing in with referral code get a fixed amount of PCT from the Service Provider to test the functionality. The Service Provider may change this amount from time to time at its own discretion without prior notification.
5. Loyalty Program
Loyalty program allows User to track local businesses that have active GEMXX Wallet and accept cryptocurrencies and participate in loyalty program, which allows User to get cashback after purchasing of the relevant product or service. Purchases and cashback shall be in the same cryptocurrency.
User may use GEMXX Wallet in his business activities and receive cryptocurrencies in exchange for its/his/her products and services (Business User). The Company and Service Provider does not assume liability for proper performance of Business User’s obligations. Purchasing User shall approach Business User directly with any complaints.
User (seller, merchant) may launch its own loyalty program with a cashback amount set at their own discretion. The set cashback amount will be transferred back from seller’s/merchant’s account into the account of the purchaser after the completion of the relevant transaction. This cashback amount will not be returned automatically in case of the refund of the amount originally paid by the purchaser to the seller/merchant.
GEMXX Wallet default loyalty program does not apply if User is signed into an active Business User program of the counterparty to the relevant transaction.
Business User may launch a single loyalty program at a time. GEMXX Wallet provides search feature based on (#hashatags) chosen by Business Users. Business User understands that it/his/her account can be blocked based on local restrictions and Business User assumes liability for such blocking.
Except as expressly set out in this License or as permitted by any local law, you undertake:
- Not to copy the Software except where such copying is incidental to normal use of the Software, or where it is necessary for the purpose of backup or operational security;
- Not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Software;
- Not to make alterations to, or modifications of, the whole or any part of the Software, nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs;
- Not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Software nor attempt to do any such thing;
- To keep all copies of the Software secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Software;
- To include our copyright notice on all entire and partial copies you make of the Software on any medium;
- Not to provide or otherwise make available the Software in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person;
- To comply with all applicable technology control laws and regulations;
- To be responsible for Your own Cryptocurrencies;
- To carefully review the list of supported Cryptocurrencies before engaging in any transactions;
- To ensure that Your device(s) are fully updated and do not contain viruses, malware or otherwise malicious software;
- To ensure that Your use of the Wallet complies with local laws;
- Not to deposit Cryptocurrencies into addresses for Cryptocurrencies that are not supported by the Wallet;
- Not to use the Wallet in a manner likely to interfere with other Wallet users or servers (e.g. excessive API calls or network spam);
- not to use the Wallet in a manner contrary to the laws of Your local laws.
Restricted Items/Services of use GEMXX Wallet
The following items and/or services may not be bought or sold with our service(s):
- Illegal drugs and substances.
- Pornography featuring underage or unconsenting performers.
- Software or websites with malware, viruses, trojans, spoofing, etc.
- High-yield investment programs (HYIP)
- Content which may be:
- Libellous or maliciously false;
- Infringe any copyright, moral right, database right, trademark right, design right, right in passing off, or other intellectual property right;
- Be in contempt of any court, or in breach of any court order;
- Be in breach of racial or religious hatred or discrimination legislation;
- Be untrue, false, inaccurate or misleading;
- Constitute spam;
- Be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory.
7. Intellectual Property Rights
7.1 You acknowledge that all intellectual property rights in the Software and the Documents anywhere in the world belong to our Service Provider and us, that rights in the Software are licensed (not sold) to you, and that you have no rights in, or to, the Software or the Documents other than the right to use them in accordance with the terms of this License.
7.2 You acknowledge that you have no right to have access to the Software in source code form.
8. Limitation of Liability
8.1 All exclusions in this clause shall apply to the fullest extent permissible at law.
8.2 The Software is provided to you on an “as is” basis. All warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are excluded from this agreement.
8.3 We and our Service Provider do not warrant that the functions contained in the Software will be uninterrupted or error free, that defects will be corrected or that the Software is free of viruses, worms, Trojan horses, bugs or similar harmful devices or that your use of the Software will provide specific results.
8.4 We and our Service Provider will not be liable or responsible for any act or event beyond our control, including without limitation the matters listed in Risks.
8.5 We and our Service Provider shall not in any circumstances have any liability for any losses or damages which may be suffered by you (or any person claiming under or through you), including but not limited to:
a – special damage
b – loss of profits
c – loss of anticipated savings
d – loss of business opportunity
e – loss of goodwill
f – loss of, or damage to (including corruption of), data, whether the same are suffered directly or indirectly or are immediate or consequential, and whether the same arise in contract, tort (including negligence) or otherwise.
8.6. You shall comply with the License and shall indemnify us and our Service Provider against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses suffered or incurred by us arising out of or in connection with your breach of the License.
8.7 You assume all costs if your use of the Software results in the need for servicing, repair or correction of equipment, software or data.
8.8 Risks. These are the risks you acknowledge in using the GEMXX Wallet:
Virtual currencies. Virtual Currencies are not backed by governments or central banks. They are not protected by government deposit protection schemes. Virtual Currencies may be extremely volatile. Virtual Currency technology is extremely nascent and unproven. Virtual Currency software and providers are regularly subject to hacking attempts resulting in loss of funds. Read the EBA warning here for more details on Virtual Currencies.
Digital Assets. Similar to Virtual Currencies, Digital Assets are not backed by governments or central banks. They are not protected by government deposit protection schemes. Digital Assets may be extremely volatile. Digital Assets technology is extremely nascent and unproven. Digital Assets software and providers are regularly subject to hacking attempts resulting in loss of funds.
Protocol failure. A Virtual Currency protocol may fail resulting in total loss of Virtual Currencies held by users.
Disasters. Disasters may damage the Virtual Currencies systems resulting in loss of Virtual Currencies held by users.
9.1 We or our Service Provider may terminate this License immediately at any time for whatever reason.
9.2 Upon termination for any reason:
a – All rights granted to you under this License shall cease
b – You must immediately cease all activities authorised by this License
c – You must immediately delete or remove the Software from all computer and mobile equipment in your possession, and immediately destroy or return to us (at our option) all copies of the Software and Documents then in your possession, custody or control and, in the case of destruction, certify to us that you have done so.
10. Communications Between us
10.1 If you wish to contact us in writing you can e-mail at [email protected]. We will confirm receipt of this by contacting you in writing, normally by e-mail.
11. Other Important Terms
11.1 We or our Service Provider may transfer our rights and obligations under this License to another person or entity, but this will not affect your rights or our obligations under this License.
11.2 You may only transfer your rights and your obligations under this License to another person only upon our advance written approval.
11.3 This License constitutes the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this License. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this in this License.
11.4 Waiver. No action or inaction of the company or our Service Provider should be considered a waiver of any right of the company. If we fail to insist that you perform any of your obligations under this License, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
11.5 Our Company and our Service Provider shall assume no responsibility for any loss or damage that may be incurred due to the failed recovery of the wallet or not recording the recovery/backup passphrase (security code, recovery code), loss of data, erroneous transmission of cryptocurrency, loss of recovery passphrase, leaked ID/password to third parties, and hacking by third parties.
11.6 Each of the conditions of this License operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
11.7 This License, its subject matter and its formation (and any non-contractual disputes or claims) are governed by United States (our Company) and Canadian laws (our Service Provider). Any dispute, controversy or claim arising out of or relating to this Agreement including any question regarding its existence, interpretation, validity, breach or termination or the business relationship created by it shall be referred to and finally resolved by arbitration under the Canadian Arbitration Association Arbitration Rules. The place of the arbitration shall be Ontario. There shall be 1 arbitrator. The language of the arbitration shall be English. An oral hearing need not be held. There will be no appeal from the decision of the Arbitral Tribunal on questions of fact, law, or mixed fact and law.
11.8 Regarding the contents of this license agreement, in the event that any difference or inconsistencies arise between the various translations, the English version shall prevail.