Last updated: Nov, 2020
AppCoins Catappult Wallet (“AppCoins Wallet”) is a mobile application developed by Aptoide, S.A. its affiliates and subsidiaries (collectively referred to as “Aptoide”, “we”, “us” or “our”).
Capitalized terms shall have the following meaning:
AppCoins: an open standard protocol and a cryptocurrency created for the app economy. AppCoins are ERC-20 compatible tokens distributed on the Ethereum blockchain pursuant to a related ERC-20 smart contract, as detailed in https://www.appcoins.io.
AppCoins Credits: are a specific category of AppCoins which may be purchased by Users or which may be granted to Users as a reward for participating in campaigns promoted by Aptoide.
AppCoins Wallet: a mobile application developed by Aptoide consisting on software that generates a Wallet Account or allows you to import an existing Wallet Account where you can self-custody ERC-20 compatible tokens, transact and receive such tokens and view transaction history.
Users: The person who download the AppCoins Wallet to their devices and create, access and transact virtual currencies using the AppCoins Wallet.
Virtual Currency: means a cryptocurrency, digital currency, digital asset, cryptoasset or other such similar term, which is supported by AppCoins Wallet, excluding a derivative of a virtual currency or a security.
Wallet Account: a digital wallet account which supports virtual currencies owned by Users, including the Wallet Account generated by AppCoins Wallet for the Users or the Users’ existing Wallet Account(s) imported by Users to AppCoins Wallet.
By using AppCoins Wallet, you acknowledge that you have read, understood and agreed to the Terms.
We reserve the right to change the Terms at any time. Any such changes will take effect when posted on AppCoins Wallet. Your continued use of AppCoins Wallet following any such change shall signify your acceptance to be bound by the current Terms. Please check the “Last update” date above to determine if there have been any changes since you have last reviewed the Terms.
If you do not agree with the Terms or any modifications, you should not use, or cease to use, AppCoins Wallet.
Our failure or delay in enforcing or partially enforcing any provision under the Terms shall not be construed as a waiver of our rights.
You are only eligible to use the AppCoins Wallet if you are of legal age to, and have the capacity to, enter into a binding contract with Aptoide and agree to be legally bound by the Terms.
If you are using AppCoins Wallet on behalf of a legal entity, you further represent and warrant that the legal entity that you are representing is dully organised and existing under the applicable laws of the jurisdiction of its organization and that you are duly empowered by such entity to act on its behalf.
By using the AppCoins Wallet you may have access to the following services (the “Services”):
Additional services may be made available to you from time to time. Such additional services shall be provided under terms and conditions separate to this Agreement.
The use of AppCoins Wallet is only permitted if the laws of your jurisdiction allow such use. You agree to use AppCoins Wallet only for purposes that are permitted by the Terms.
You agree not to access (or attempt to access) to AppCoins Wallet by any means other than through the interface that is provided by Aptoide, unless you have been specifically allowed to do so in a separate agreement with Aptoide. You specifically agree not to access (or attempt to access) to AppCoins Wallet through any automated means (including use of scripts).
You agree that you will not engage in any activity that interferes with or disrupts AppCoins Wallet (or the servers and networks which are connected to AppCoins Wallet).
You agree that you are solely responsible for (and that Aptoide has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Aptoide may suffer) of any such breach.
4.2 Prohibited Actions
You may not use AppCoins Wallet for activities that:
In case Aptoide detects transactions or activities that do not comply with these Terms, we may investigate such transactions and block your Wallet Account from continuing to execute transactions, without prejudice of Aptoide’s rights to terminate any agreement with you.
We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate user information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct related to alleged violations of these Terms.
If you become aware of any violation of these Terms, please notify us immediately and provide us with assistance, as requested, to stop or remedy the violation. To report any violation please send an e-mail to firstname.lastname@example.org.
4.3 Creating a Wallet Account
When you create a Wallet Account, AppCoins Wallet generates a cryptographic private and public key pair that you may use to send and receive AppCoins. When you create a Wallet Account, you must: (a) provide accurate and truthful information; (b) protect and keep secret all credentials to access the Wallet Account; (c) protect access to your device and your Wallet Account; (d) promptly notify us if you discover or otherwise suspect any security breaches related to your Wallet Account; and (e) use the backup functionality provided through the Wallet Account and safeguard your backup files.
4.4 Responsibility for transactions and backups
You agree to take responsibility for all activities that occur under your Wallet Account and accept all risks of any authorized or unauthorized access to your Wallet Account, to the maximum extent permitted by law.
You accept and acknowledge that we are not responsible for any errors or omissions that you make in connection with any Virtual Currency transaction initiated through the use of AppCoins Wallet. We recommend that you review the transaction details carefully before completing a transaction.
You are solely responsible for maintaining the security of your private key and for storing, outside AppCoins Wallet, a backup of any Wallet Account, private key or transaction information that you maintain in AppCoins Wallet. If you do not maintain a backup of your Wallet Account data outside of AppCoins Wallet, you will not be able to access to your virtual currency previously accessed using your Wallet Account in the event that we discontinue or no longer offer access to AppCoins Wallet. We are not responsible for maintaining this data on your behalf.
4.5 No password retrieval
Aptoide does not receive or store your Wallet Account password or related keys. We cannot assist you with Wallet Account password retrieval. You are solely responsible for remembering, storing and keeping secret your Wallet Account password. Any Virtual Currency you have associated with such Wallet Account may become inaccessible if you do not know or keep secret your Wallet Account password. Any third party with knowledge of one or more of your credentials (including, without limitation, a backup phrase, wallet identifier or password) can dispose of virtual currency in your Wallet Account.
4.6 Virtual Currency Transactions
In order to be completed, any Virtual Currency transaction created with the Wallet Account must be confirmed and recorded in the Virtual Currency’s associated public blockchain. Such networks are decentralized, peer-to-peer networks supported by independent third parties, which are not owned, controlled or operated by Aptoide.
Aptoide has no control over any Virtual Currency network and therefore cannot and does not ensure that any transaction details you submit via AppCoins Wallet will be confirmed on the relevant Virtual Currency network. You agree and understand that the transaction details you submit via AppCoins Wallet may not be completed, or may be substantially delayed, by the Virtual Currency network used to process the transaction. We do not guarantee that the Wallet Account can transfer title or right in any Virtual Currency or make any warranties whatsoever with regard to title.
Once transaction details have been submitted to a Virtual Currency network, we cannot assist you to cancel or otherwise modify your transaction or transaction details. Aptoide has no control over any Virtual Currency network and does not have the ability to facilitate any cancellation or modification requests.
We do not store, send, or receive any Virtual Currency. We don’t have control over any Virtual Currency you interact with through AppCoins Wallet - so it's up to you to interact with them prudently. Any transfer that occurs in any Virtual Currency occurs on the Ethereum-based blockchains and not on a network owned by us.
Aptoide does not currently charge a fee for the use of AppCoins Wallet, receiving, sending or controlling Virtual Currency. However, we reserve the right to do so in the future, and in such case any applicable fees will be displayed prior to you incurring the fee.
Network fees (including, without limitation “miner’s fees”) required to use a Virtual Currency network may apply to a transaction. We may attempt to calculate such a fee for you. Our calculation may not be sufficient, or it may be excessive. You may select a greater or lesser fee. You are solely responsible for paying any such fee and we will neither advance nor fund such a fee on your behalf, nor be responsible for any excess or insufficient fee calculation.
You are solely responsible to determine what, if any, taxes apply to the transactions that you have executed by using AppCoins Wallet and it is your sole responsibility to report and remit the correct tax to the competent tax authorities.
You acknowledge and agree that that Aptoide is not responsible for determining whether taxes apply to the Virtual Currency transactions executed by using AppCoins Wallet or for collecting, reporting, withholding or remitting any taxes arising out of such transactions.
5.1 Acquiring AppCoins Credits
You may have access to AppCoins Credits as follows:
AppCoins Credits are a category of AppCoins subject to the following specific usage terms and conditions:
Chargebacks are applicable in relation to in-app purchases paid with AppCoins Credits purchased by the User. A chargeback is a process that may lead to the return of funds to a User.
This process is initiated by the User, asking to the issuing bank the refund. Issuing bank will then contact the payment processor which will then notify Aptoide to provide information. Please note that the chargeback process is managed and resolved by the payment processor and the issuing bank, in accordance with the respective terms and conditions, and that Aptoide does not have any power to dispute the decisions taken.
In using AppCoins Wallet you may view content or utilize services provided by third parties, including hyperlinks to other web sites or content or resources (“Third-Party Content”).
Sometimes when you use the Third-Party Content, you may use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
You acknowledge and agree that Aptoide is not responsible for the availability of any such external sites or resources, and does not control, endorse or adopt any advertising, products or other materials on or available from such web sites or resources.
Users who conduct transactions or take part in other activities through the Third-Party Content do so at their own risk. You acknowledge and agree that Aptoide is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
You agree and understand that there are risks associated with utilizing AppCoins Wallet including, but not limited to, the risk of failure of hardware, software and internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your Wallet Account, including, but not limited to your public and private keys. You agree and understand that we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using AppCoins Wallet, however caused.
You accept and acknowledge that there are risks associated with utilizing any Virtual Currency network, including, but not limited to, the risk of unknown vulnerabilities in or unanticipated changes to the network protocol. You acknowledge and accept that Aptoide has no control over any cryptocurrency network and will not be responsible for any harm occurring as a result of such risks, including, but not limited to, the inability to reverse a transaction, and any losses in connection therewith due to erroneous or fraudulent actions.
The risk of loss may be substantial and losses may occur over a short period of time. In addition, price and liquidity are subject to significant fluctuations that may be unpredictable.
Virtual Currencies are not legal tender and are not backed by any sovereign government. In addition, the legislative and regulatory landscape around Virtual Currencies is constantly changing and may affect your ability to use, transfer, or exchange Virtual Currencies.
The software you use may automatically download and install updates from time to time. These updates are designed to improve, enhance and further develop AppCoins Wallet and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Aptoide to deliver these to you) as part of your use of AppCoins Wallet.
Aptoide is constantly innovating in order to provide the best possible experience for Users. As part of this continuing innovation, you acknowledge and agree that Aptoide may stop (permanently or temporarily) providing AppCoins Wallet (or any features within AppCoins Wallet) to you or to Users generally at Aptoide’s sole discretion, without prior notice to you. You may stop using AppCoins Wallet at any time. You do not need to specifically inform Aptoide when you stop using AppCoins Wallet.
You acknowledge and agree that Aptoide (or Aptoide’s licensors) own all legal right, title and interest in and to AppCoins Wallet, including any intellectual property rights which subsist in AppCoins Wallet (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
Unless you have agreed otherwise in writing with Aptoide, nothing in the Terms gives you a right to use any of Aptoide’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
AppCoins Wallet was developed under a GPL 3 open source license. Information regarding AppCoins Wallet current software is available at https://github.com/fastlane/fastlane/blob/master/LICENSE. Please be aware that GPL 3 is a copyleft license, which means that any derivative works can only be distributed under the same license terms as the original software. For more information, you should review the GNU’s terms and conditions available at https://www.gnu.org/licenses/gpl-3.0.en.html.
AppCoins Wallet also contains copyright material and trademarks which are protected by intellectual property rights (the “Content”) which are owned by Aptoide (or its licensors). Your use of AppCoins Wallet does not grant you any right, title or interest in the Content. You agree that you will not copy, transmit, distribute, sell, license, create derivative works from, or in any other way, exploit any of the Content, in whole or in part.
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT APTOIDE’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF APPCOINS WALLET IS AT YOUR SOLE RISK AND THAT APPCOINS WALLET IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE.” WITHOUT ANY REPRESENTATATION OR WARRANTY OR WARRANTY, WHETHER EXRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY OR ERROR-FREE.
IN PARTICULAR, APTOIDE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL APTOIDE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS BE LIABLE TO YOU UNDER CONTRACT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM:
THE LIMITATIONS ON APTOIDE’S LIABILITY TO YOU SHALL APPLY WHETHER OR NOT APTOIDE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
13.1 Entire Agreement
The Terms constitute the whole legal agreement between you and Aptoide and govern your use of AppCoins Wallet (but excluding any services which Aptoide may provide to you under a separate written agreement), and completely replace any prior agreements between you and Aptoide in relation to it.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
You acknowledge and agree that each member of the group of companies of which Aptoide is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
13.4 Governing Law
This Agreement will be governed by the laws of Portugal. You consent to the exclusive jurisdiction and venue of the courts in Lisbon, Portugal.
13.5 Questions or comments
We welcome comments, questions, concerns or suggestions. Please send us a message on our contact page at email@example.com