Terms of Use
(Last updated on 4th July, 2024)
These terms of use (“Terms of Use”) for MARBLEX Wallet service(hereinafter “Services”; see the definition in Article 1.4 hereof) provided by MARBLEX Corp. (the “Company”) apply to any and all persons(the “User” or “you”), who use Services and any related services to the Services, provided on mobile application platform or web-based application. The Terms of Use set forth certain rights and obligations of the parties hereto.
BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU ARE AN ADULT WITH LEGAL CAPACITY TO USE THE SERVICES, AND DEEMED TO HAVE FULLY UNDERSTOOD AND AGREED TO THESE TERMS OF USE.
IF YOU DO NOT AGREE WITH THESE TERMS OF USE, OR ARE A MINOR WITHOUT SUCH LEGAL CAPACITY, YOU MUST NOT USE THE SERVICES.
1. Definition
1.1 “Digital Asset” shall mean data issued based on blockchain technology as well as cryptocurrency, token, coin, NFT(Non-Fungible Token), and other digitalized assets derived therefrom, including, without limitations, MARBLEX(MBX), MARBLEX Link (MBXL), MARBLEX Game Token(gMBXL), and tokens on MARBLEX blockchain.
1.2 “Private Key” means codes generated by randomly combining numbers and letters, which are used in lieu of signatures by the User for opening Digital Asset accounts and/or trading Digital Assets.
1.3 “Public Key” means code generated by randomly combining numbers and letters paired with a private key. It is used as a tool for data verification, such as signing private keys in Digital Asset transactions, etc.
1.4. “Services” shall mean MARBLEX Wallet (mobile applications and related web services), an online wallet service based on blockchain technology that provides management functions for Digital Assets and store private and public keys necessary for management. The management functions of digital assets include the following services: storage, trading, exchange and staking services of MARBLEX (MBX), MARBLEX Link (MBXL), MARBLEX Game Token (gMBXL) and digital assets (including those related to the Services and affiliated services), exchange services between different digital assets (SWAP), etc.
- Staking of Digital Assets
- Storage of NFTs (Non-Fungible Tokens) and transmitting/receiving transactions made in the marketplace; and
- SWAP between dissimilar Digital Assets
- Providing Affiliate Services content information or swapping related Digital Assets
1.5 “Wallet Address” means a code given as a form of random combination of numbers and letters, generated based on a public key for identifying User's account when trading Digital Assets.
1.6 “Wallet” means an account identified by a wallet address granted through the Services, which is used by the User to manage and trade his/her Digital Assets.
1.7 “Trading Password” means User-designated password for security that is required when trading Digital Assets.
1.8 “Nickname” means a name that the User may choose for using as substitute for a Wallet Address within the Services.
1.9 “Secondary Password” means a password that the User may optionally create and use to check his/her account information in case his/her original password is lost or forgotten.
1.10 "Affiliate Services" means any third party service that provides content related to digital assets (including, without limitation, coins, tokens, NFTs, etc.) or digital assets that may be managed and traded through the Services, or that provides services that make digital assets available.
2. Account
2.1. Eligibility: If you are a qualified person, and there is otherwise no restriction on using the Services pursuant to the laws of your country of residence, then you may agree to the Terms of Use and register a valid account to enjoy the Services.
* YOU CANNOT USE THE SERVICES IF YOU DISAGREE WITH THE TERMS OF USE OR TRADING DIGITAL ASSETS IS PROHIBITED UNDER THE LAWS OF YOUR COUNTRY OF RESIDENCE, OR OTHERWISE WHEN YOU ARE A MINOR WHOSE LEGAL CAPACITY IS NOT RECOGNIZED.
2.2. Account Registration: To use the Services, the User must register a valid account. The User may register an account, by using an account established with a third-party service provider as permitted by the Company. The Company has sole discretion to add, change or delete the list of such third-party service providers.
Any data collected by the Company through an account registration procedure will be processed safely and appropriately in accordance with the Company’s privacy policy, and any details and management method of such data provided by the Company to a third party for trading or exchanging Digital Assets through the Services will be processed in accordance with the Company’s privacy policy.
2.3. Rejection of Account Registration and Restrictions on Use of the Services: If the User falls under or is expected to fall under any of the following, the Company may prohibit or restrict the User from using the Services or registering an account for the Services, and may suspend all or a part of User’s use of the Services:
i. If the User is not a person with legal capacity nor a minor;
ii. If the User provides false information or does not provide information as requested by the Company;
iii. If the use of the Services constitutes or has a potential risk to constitute a violation of the applicable laws in the User’s country of residence;
iv. If the User is involved in, or there is a reasonable suspicion that the User may be involved in any money laundering or other criminal activities;
v. If the User is a resident of a country that the Company does not provide its Service in; or
vi. If the User’s account registration would result in a violation of any applicable laws or regulations.
2.4. Account Security: The User must keep his/her login information confidential, and shall be solely responsible for all uses of his/her account(s). The User may not use other Users’ accounts nor allow other persons to use his/her account(s). The User acknowledges and agrees that he/she is solely responsible for all actions taken in connection with his/her account(s) (including, but not limited to, the sale and exchange of Digital Assets, and any other activities that may occur), and agree that the Company shall not be liable for any losses or damages that may arise as a result thereof. The Company shall not be liable for any loss resulting from any unauthorized access or use of the User’s account based on fraud or otherwise.
3. Amendment
The Terms of Use and privacy policy are available within Services or through links within Services. The Company reserves a right to change these Terms of Use from time to time, without notifying the User. The user agrees to review the Terms of Use from time to time and when he/she accesses or uses the Services. The User’s continued use of the Services shall be deemed as his/her acceptance of any and all changes made to the Terms of Use. Unless otherwise stated, such changes will apply and take effect automatically thirty (30) calendar days after the Terms of Use is updated with such changes. The User acknowledges and agrees that his/her sole remedy to avoid being subject to such changes is to cease using the Services.
4. Service
4.1 Wallet Services
4.1.1 The User may manage his/her Digital Assets such as MARBLEX (MBX), MARBLEX Link (MBXL), MARBLEX Game Token(gMBXL), game tokens acquired from the Affiliated Services and NFTs through a unique Wallet Address received through a mobile application under the Services. Provided, however, that when you use the launchpad or marketplace in relation to NFTs, then the related transaction will be governed by the terms and conditions provided by the above platforms.
4.1.2 The User may exchange his/her Digital Assets for other types of Digital Assets that are allowed by the Services. Terms and conditions relating to such exchange of Digital Assets (fees, exchange ratios and policies) are determined in accordance with applicable policy of the Company or the issuer of relevant Digital Asset, and they are subject to changes from time to time. The User may learn the terms and conditions of Digital Asset exchange before such exchange takes place, and the User may always check such details within such Services.
4.1.3 In connection with any Digital Asset being managed via the Wallet, the User may trade it with other type of Digital Asset through services provided by a permitted third party (any 3rd party wallet service, DEX, etc.), and such trade shall be made in accordance with the terms of use provided by the relevant platform in the third party’s service platform.
4.1.4 The User may transfer or receive any Digital Asset to and from another user’s account within the Services using sender’s or recipients’ Wallet Address or Nickname.
4.1.5 The Company is not responsible for any transactional errors that may occur for reasons attributable to the User, such as loss or misplacement of Trading Password, or typographical errors in entering, among others, Private Key or Nickname. And the User acknowledges and agrees that he/she is solely responsible for any loss in value and other losses that may arise as a result of his/her trading activities.
4.2 Staking Services
4.2.1 The Company may provide staking services for designated Digital Assets(including, but not limited to MBXL, NFT, gMBXL, etc.), and may provide rewards to the Users who have participated in staking.
4.2.2 The Company reserves the right to change all related terms such as the start and end of the staking service, Digital Assets available for participation, settlement period and types of rewards and furthermore, but does not guarantee User's profit from participating in the staking. The User acknowledges and agrees that the risks associated with the staking service exist and acknowledges that he/she understands the above and uses the above Service.
4.2.3 The Company shall notify the staking service rules on the Services or through a link and such rules shall constitute a part of these Terms of Use. The Company is also responsible for notifying Users of any changes and modifications to such rules within a reasonable time.
4.2.4 The Company may provide rewards to participating Users in accordance with the staking rules as specified for in 4.2.2 hereof but does not provide any guarantee on the Digital Assets themselves that have participated in staking. The Company has no responsibility or obligation to compensate the User for any loss due to price volatility of Digital Assets or any damage caused by the blockchain network environment.
4.2.5 As specified in Section 2.4, Users are solely responsible for the damages, effects, or any and all negative consequences (including damages to the user and others) caused by the User's negligence or willful conduct. The company does not compensate or take responsibility for the damages, effects, or any and all negative consequences caused by the User’s negligence or willful conduct.
4.3 SWAP Service
4.3.1 The Company may provide a service that allows you to swap Digital Assets managed by your Wallet for other Digital Assets in a mobile application or web-based application The Company shall notify the rules regarding the swap through a pop-up window or a separate method, and the above rules function as a part of these Terms of Use. The Company is also responsible for notifying Users of any changes or modifications to the above rules within a reasonable time.
4.3.2 The Company reserves an absolute right to specify or modify all conditions (including, but not limited to, type of Digital Assets, exchange rate, fees, and compensation) applicable to the swap between Digital Assets, and the User acknowledges and agrees to the above. The Company may notify the details of the above conditions and any changes or abolition of the such conditions within the Services.
4.3.3 As specified in Section 2.4, Users are solely responsible for the damages, effects, or any and all negative consequences (including damages to the user and others) caused by the User's negligence or willful conduct. The company does not compensate or take responsibility for the damages, effects, or any and all negative consequences caused by the User’s negligence or willful conduct.
4.4 MBX Station Service
4.4.1 For the convenience of Service users, the Company may provide the MBX Station Service, which provides functions such as viewing information on some contents of the Affiliated Services and managing and swap digital assets related to the Affiliated Services, through a separate website or service connection.
4.4.2 The MBX Station Service can only be used if you are a user of the Service and a pre-registered user of the Affiliate Services. For subscription or account management of the Affiliated Services, you must contact the Affiliated Service provider.
4.4.3 Information related to Affiliate Services provided through MBX Station is provided as is, and the Company does not guarantee the accuracy or integrity of such information. For information related to the content of Affiliate Services, users should check directly with the relevant service provider.
4.4.4 Through MBX Station, the Company may provide functions such as Digital Assets swap (including Digital Assets to contents swap) of contents available in the Affiliate Service and retrieval of information. The terms of swap of Digital Assets and contents are subject to the policies(including, but not limited to, swap rate, maximum/minimum quantity that can be swapped, fees, slippage, etc.) set by the affiliated service company or the Company. The Company reserves all rights to these terms and conditions, and you acknowledge and agree that any new terms and conditions can be modified, repealed, or added to the terms and conditions at its sole judgment and discretion or, if any, by the request of the Affiliated Services. You acknowledge and agree that all results of swap are at your own risk.
4.4.5 The Company does not have any rights to create, add, modify, etc. to the Affiliate Service Content, and shall not be liable for any compensation or liability for any loss, damage, or change in the related content. You acknowledge and agree that the Affiliate Service Content is operated in accordance with the terms and policies of the applicable provider, and that any inquiries regarding the Affiliate Service Content should be resolved through the Affiliate Service Provider.
4.4.6 The Company may provide additional services (including but not limited to sales sites such as virtual goods used in the Affiliated Services) as a link within the MBX Station service. The user acknowledges and agrees that the connected service is operated by the Affiliated Service provider, and the company does not bear any compensation or responsibility for any consequences arising from the use of the connected service.
4.4.7 The Company reserves all rights to operate the Service, including any changes or discontinuance of the MBX Station Service, in whole or in part, in its sole discretion, and you acknowledge and agree that. Any changes or discontinuance of the Service may be announced through the Service.
4.5 Warp Services
4.5.1 The Company provides the Warp Service, which allows you to swap MBX distributed through various Blockchain Mainnets ("Mainnet") for MBXL, or to swap your MBXL for MBX on the selected Mainnet.
4.5.2 The Company reserves the right, at its sole discretion, to specify or change the rules of the Warp Service (including, but not limited to, the type of mainnet available, the maximum and minimum quantities of swaps, and swap fees), but does not guarantee the integrity of the mainnet. You acknowledge and agree that there are risks associated with the Warp Service, and that you are responsible for all consequences of your use.
4.5.3 The Company may announce and notify the Warp Service Rules within the Service or via a related link
4.6 The Company reserves the right to create and apply additional rule for all Services referred to in Section 4 at any time to establish the details of the content set forth in these Terms, which shall constitute part of the Terms of Use. The Company may notify these additional rules in the Services or through hyper links.
4.7 You are solely responsible for any damages, effects or any negative consequences (including damages to you and others) caused by your negligent or intentional conduct in using any of the Service. The Company shall not indemnify or compensate or be liable for any damages, effects or any negative consequences caused by the User's negligence or intentional acts.
5. User Compliance
5.1 The User may not use any of the following Nicknames when using the Services. If the User uses a Nickname that falls under any of the following, such Nickname may be randomly changed at the sole discretion of the Company, and any or all parts of the Services may be restricted:
i. Name of any form that may offend others;
ii. Name that belittles or slanders a specific group of people, race or religion;
iii. Name that may infringe a third party’s trademark rights or may be seen as an advertisement;
iv. Name that may be mistaken as being related to the Company or any of its affiliates;
v. Name that impersonates other Users; or
vi. Name that the Company itself determines to interfere with the provision of the Services.
5.2 The User shall not engage in any of the following activities when using the Services. If there is a reasonable suspicion that the User does or intends to carry out any of the following activities, the Company may limit all or part of the Services, or terminate any contract relating to the Services to the User:
i. Any act that may result in failure of or interruption/suspension to the Services;
ii. Any act that infringes on any rights such as intellectual property rights of the Company, Affiliated Service providers, and/or any other third parties;
iii. The act of using the Services for purposes of unjustly enriching the User or others or inflicting harm on others;
iv. The act of lending or transferring the right to use the Services to another person, or granting access by providing Trading Password or Secondary Password;
v. The act of using the Services by misappropriating or unlawfully accessing another person’s information;
vi. The act of installing illegal software or code, or technically incapacitating security measures within the Services (including disseminating or discussing methods to carry out such actions);
vii. The act of trading or attempting to trade an NTF on which the User doesn’t have any lawful right thereto or which was created or copied in unjust manner;
viii The act of using any method which has not been recognized by the Company, using the Services via illegal act or having any attempt to do so; and
ix. Other acts that the Company deems to interfere with the operation of the Services, or other actions that are prohibited by the Company’s business partners or counterparties.
5.3 The User must keep safe his/her Trading Passwords and/or Secondary Passwords through appropriate means.
i. The User shall not keep his/her Trading Password or Secondary Password on websites or locations that a third party may easily access or misappropriate from.
ii. If a password is entered incorrectly for more than the permitted number of times, trading activities may be suspended for up to 24 hours.
6. Intellectual Property Rights
6.1 The User acknowledges that any copyright, trademark and other intellectual property rights associated with all materials provided in the Services belong to or licensed by the Company.
6.2 The User acknowledges that his/her rights to use the Services granted hereunder are personal, non-exclusive and non-transferable or assignable.
6.3 The User may not at his/her discretion cancel or disable security measures put in place in the Services, or engage in reverse engineering or hacking of or into the Services.
6.4 The User shall not reproduce, transmit, distribute, use by any other means, or allow a third party to use, the Services or any and all materials contained therein unless he/she obtains a separate prior written consent from the Company and Affiliated Service providers or executes a separate contract thereon, nor shall he/she use the Services or any materials contained therein for his/her own commercial purposes. In addition, the User shall not lease, rent, sublicense, sell, assign, encumber or transfer the Services or such materials.
6.5 The User shall be prohibited from removing, obscuring or changing the contents of the Services and any ownership, intellectual property rights, and any other rights related thereto.
6.6 In using the Services, the User shall not produce or use anything identical or similar to the marks of the company and its affiliated service providers(including third-party services) such as names, trade names, trademarks etc. that the represent the goods or services of the company or its affiliated services, or that represent their business.
6.7 Notwithstanding Article 6.1 hereof, NFTs and NFT-linked contents managed or distributed through the Services and all registered trademarks, product names and intellectual property rights contained therein shall be the property of the issuer or the respective rights holder and may not be copied, imitated or used without permission by the User, and the purchaser of any NFT cannot use it beyond the scope of limited license thereon as specified by the issuer of such NFT.
6.8 The Company strives to prevent infringement of intellectual property rights of NFTs and NFT-linked content distributed on the NFT marketplace, but is not obligated to review or monitor any and all content. The Company also reserves the right to discontinue distribution of the NFTs in question and restrict sellers' access in response to any suspension notice under the Digital Millennium Copyright Act (DMCA) or other allegations of intellectual property infringement.
7. Privacy Policy
7.1. The Company may collect, process, use, and/or transfer the User’s personal data in accordance with the Company’s privacy policy when providing Services.
7.2. By using the Services, the User consents to the Company’s collection, processing, use, and transfer of his/her personal data in the manner set out in the Company’s privacy policy. Please do not use the Services if you disagree with the Company’s privacy policy.
7.3 The User agrees that the Services may not be privately or securely provided and that the Company makes no guarantees of any kind. The User shall be responsible for taking all necessary and appropriate precautions and safety measures before using the Services.
7.4 If you use affiliate services connected to the Service, your personal information will be collected and processed in accordance with the privacy policy of the affiliate service provider.
8. Third Party Advertising
The Company may advertise or provide service links of Affiliated Service providers or third parties within the Services for the convenience of the Users. The User understands that the Company does not control the content, product or services of Affiliated Service providers or third parties. The Company shall not be responsible for any Affiliated Services or third-party services that may be accessed through the Services, nor does the Company guarantee the accuracy of the contents advertised. The User acknowledges and agrees that he/she shall access and use any linked services entirely at his/her own risk and responsibility, and that the Company shall not be liable to the User for any loss or damages that may arise from the User’s use of the linked services, directly or indirectly.
9. Suspension and Change of Services
9.1 The Company reserves the right to temporarily suspend, terminate or change the Services for purposes of or as a result of any inspection, replacement or breakdown of its facilities, any communication interruption, any disruptions in the Digital Assets market, regulatory compliance, force majeure events or serious operational events.
9.2 The Company reserves the right to temporarily or permanently limit all or a part of the Services or terminate the contract with the User if he/she is found have breached any of the provisions set out in these Terms of Use or violated any relevant laws and regulations.
9.3 The Company may notify the User using any appropriate means in advance, if possible, before terminating Services pursuant to Article 9.1. However, in case of emergency or in an event that is not within its control, the Company may provide such notice ex post facto.
10. Indemnification
10.1 The Company is not responsible for nor does it guarantee the services provided by Affiliated Service Providers. For any issues related to Digital Assets of a provider for relevant Affiliated Services, please review the terms of use of such provider or contact such provider’s customer support center.
10.2 The Company does not guarantee the integrity of its blockchain network and shall not liable to the Users for any loss or damage caused therefrom. When trading Digital Assets (including, but not limited to, exchange, staking, liquidity pool provision, etc.), the User himself/herself must confirm the results of such trading transactions.
10.3 Although the Company endeavors to ensure the integrity and accuracy of its Services, the Company does not provide any guarantee the absence of any hacking, other security intrusions or technical integrity.
10.4 The Company does not predict or guarantee the profit/loss of User’s Digital Assets or any changes in value of such Digital Assets made in the Services, and is not responsible for any such outcome. The User acknowledges and agrees that any direct or indirect loss resulting from his/her use of Digital Assets is User's own responsibility and he/she cannot claim any compensation or otherwise hold the Company responsible for such loss.
10.5 The Company shall not be responsible for any kind of losses or damages incurred by the User as a result or arising out of any action or inaction taken by the User for managing his/her account (including, but not limited to, any unauthorized use by third party or loss of Trading Password or Secondary Password).
10.6 The Company shall not be responsible for any errors in the transmission of Digital Assets caused by the Users’ errors (including, but not limited to, incorrectly typing in the Wallet Address or quantity).
11. Termination
11.1 The Company reserves the right to suspend or terminate the User’s access to the Services (including deleting his/her account information), and to revoke the User’s limited rights granted herein at any time for any reasons, without prior notice. In such case, the Company has no obligation to provide refunds, benefits or other compensation to the User in relation to such suspension or termination.
11.2. If the Company determines that the User is in any material breach of the Terms of Use (which shall include his/her non-material breaches in repeated manners), the Company may terminate and delete the User’s account or otherwise temporarily or permanently limit his/her access to the Services, in part or in whole, without providing prior warnings. The Company may also terminate or suspend the User’s account for any other reasons that the Company deems appropriate, at its sole discretion.
11.3. The User may terminate these Terms of Use by terminating his/her account in the Services if he/she has no Digital Assets in his/her account in the Services. Any terminated account may not be used to re-register in the Services.
11.4 Any NFT held by the User through the Services provided by the Company is subject to a limited license under the conditions specified by the issuer of such NFT, and shall survive regardless of the termination of these Terms of Use.
12. Severability
If any part of these Terms of Use is found to be unlawful, void or unenforceable under relevant local laws or in the jurisdiction of any relevant courts, such provision shall be severed and the remaining Terms of Use shall remain in effect.
13. Jurisdiction, Governing Law and Dispute Resolution
13.1. Any disputes or claims arising out of or in connection with these Terms of Use will be governed by and construed in accordance with the laws of Singapore, without giving effect to any choice or conflict of law principles. Any dispute arising from or in connection with these Terms of Use be irrevocably submitted to the exclusive jurisdiction of the arbitration adjudication under the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC”).
13.2 If the User has a claim against the Company in connection with these Terms of Use, the Company recommends that the User contact the Company’s customer support to resolve the claim in an amicable manner. If the parties are unable to reach an amicable resolution within 30 days after of the filing of the claim, then either party may refer the dispute to the SIAC in accordance with the arbitration rules of the SIAC. The arbitration shall be held before a single arbitrator jointly chosen by the parties. If the parties are unable to agree on an arbitrator, either party may request the SIAC to appoint an arbitrator.
13.3 In connection with Article 13.1 hereof, the party that seeks arbitration must first send the other party a written notice of the Disputes (the “Notice”) by certified mail. User’s Notice to the Company must be sent to IGS, 25, Mullae-ro 28 gil, Yeongdeungpo-gu, Seoul, Korea. The Notice must (a) explain the nature and basis of the claim or Dispute; and (b) specify the remedies sought by the claimant. Unless the User and the Company agree to resolve the claim within 30 days of having received the Notice, either party may commence an arbitration proceeding.
14. Questions about these Terms of Use
In case the User has any questions about these Terms of Use and the Services, please contact the Company through its customer center or through the address provided below:
https://marblex.zendesk.com/