Please read these terms and conditions (“Terms”) carefully as they form a legal contract between you as a user / visitor (“User” or “you”), and Atato and its affiliates (“Atato”, “our”). Your access and use of our Services shall be governed by these Terms.
While reading these Terms, you have any questions or comments, do not hesitate to contact us https://www.atato.com/contact/ . If you do not accept these Terms, please stop accessing and using our Services.
By accessing or using our Services, or accepting these Terms electronically (for example, clicking the check box “I have read and agreed to”) or in other way, you are deemed to have read, understood and fully agreed to all our terms and conditions mentioned here or referred to, and any policies.
If you act as a representative of an entity, you are deemed to have the adequate authority to bind the said entity to these Terms.
The following word will be defined:
“Agreement” means the custody service agreement or ICO Portal service agreement made by and between Atato and your entity for the provision of services for the digital payment token or digital asset (as may be defined in the local regulation);
“Content” means all written or electronic contents including but not limited to software, data, text, audio, video, images, photos, graphics, or any other content;
“Digital Payment Token” means the definition as described by Section 2 of Singapore Payment Services Act 2019;
“Intellectual Property Rights” means any and all right, title, and interest in patents, inventions, discoveries, copyrights, works of authorship, trade secrets, and trademarks;
“Services” means individually and collectively to the Atato website, platform, APIs, and mobile applications;
“User”, “You” or “your” means any person or entity accessing our Services.
A person under the age of 18 is not allowed to create an Account or otherwise use the Services. A person having the required age is allowed to access our Services, however, the use of the Service will be restricted to the User creating an Account. To open an Account, you shall be either the owner, employee, or agent of the User and satisfy conditions mentioned in these Terms.
Any creation of Account will be possible as per Agreement. During this registration process, you authorize Atato to request your personal information for (1) verifying your identity; and (2) complete the registration. The User shall, therefore, provide accurate and true information, moreover, Atato may request additional information prior to final acceptance of the Account.
When creating an Account make sure that you have the necessary hardware and software to use our Services.
Should you have any change in the data used for your registration (e.g. name or email address) or you provided wrong, outdated or inaccurate information or any other cases, you are required to immediately inform Atato and provide with the right information.
After completion of your Account, occasionally Atato will proceed with verification of information (e.g. to confirm your identity, location, eligibility) or request additional information. You authorize Atato, directly or indirectly through third parties, to make any inquiries necessary to validate your identity, your location, and confirm your ownership of your email address or financial account(s), subject to applicable law.
At all time, you are required to provide us with complete and accurate information about your organization and yourself when information is requested by Atato.
Warning: Atato will never ask for your Account password as part of Atato security policy. In the event you receive an embedded link by email, claiming to be from Atato, you should not open it or click on the link, and should immediately notify Atato.
Should Atato suspect or have reasonable reason to suspect that part or full information provided is wrong, outdated, or inaccurate, Atato may suspend or terminate your Account. Depending on the seriousness of the offense, Atato may subject you to civil liability or refer you to the appropriate law enforcement authorities.
For the provision of the Services or technical support, Atato may require the disclosure of third-party account information (e.g. bank account, your cryptocurrencies public key, and related information).
Atato is entitled to send you emails or notifications regarding the Service or your Account including notices, updates, and amended Terms. Atato may also send you emails with promotional information and materials regarding Atato’s products and services that you may unsubscribe from by following instructions provided in the email.
Atato Service may contain links or features to or from a third-party applications, websites, or services (“Third-Party Services”) that are owned and operated by third-party. It is understood by you that Atato does not have any control of the Third-Party Services, therefore, Atato is not responsible or liable for the availability, contents, products, services, advertising or other materials on or available from the Third-Party Services, as well as for any damage or loss caused or alleged to be caused by or in connection with your use of the Third-Party Services.
If you decide to access any Third-Party Services, it will be at your own risk, you shall carefully read any terms and conditions governing the Third-Party Services.
Digital assets are stored on a distributed ledger known as the blockchain using private and public keys. Detail of the solution proposed by Atato will be described in the Agreement. Atato does not give advice or recommendations regarding Digital Assets or any investment strategies.
Atato will provide the service of safekeeping and custody for your digital payment token and digital asset (“Digital Asset”) which will be deposited to the account opened by you under your Account and controlled and secured by Atato (“Digital Asset Account”). To open a Digital Asset Account, you should be authorized to do so by law, please verify all regulation prior any registration. Atato encourages you to consult a local law firm.
It is understood that Atato does not control or own the underlying software protocols which govern the Digital Asset. The protocol of these Digital Assets may be subject to fork (meaning any revision in the protocol rules). The affect of the fork may be multiple such as name, value or function, etc. In case of a fork, for security reasons, Atato may temporarily suspend the Services relating to the specific protocols. Atato may, at its own discretion, decide not to support a forked protocol entirely or may set up its Services to enable you to transfer the affected Digital Asset.
It is understood and agreed that Atato may not be liable or responsible for any change in the said protocol.
Atato does not guarantee any protocol functionality, security or availability.
Atato is not responsible for key shares which are not under its controls or possession. Should you decide to give to a third party the control of a key share, Atato shall not be liable or responsible for any act, omission, or errors of such third party. Giving the control to one or more of your key shares to a third party may have irreparable consequences. Be aware of the risk.
Atato won’t be able to cause transactions transferring Digital Assets from your wallets except in compliance with a request through the Service by you or a third party holding your key shares.
By using Digital Asset including its network or protocols may involve severe risks which shall be considered by the User. It is the duty of the User to learn, study and assess these risks for safer usage.
Atato may not and shall not provide an exhaustive list of risks. Some example: (1) a wallet may allow you to deposit a specific type of Digital Asset, however, depositing a type of Digital Asset which is not supported by its specific wallet may have for consequence the loss of your Digital Asset; (2) the validation of a transaction may take time to confirm; (3) any regulatory change may affect the Digital Asset; or (4) the value and liquidity of a Digital Asset may vary rapidly.
You are solely responsible for:
(1) maintaining necessary control and security for any and all Log In in IDs passwords, key shares, personal identification numbers (PINs), and any other codes used by you for accessing the Services and Account;
(2) the provided key shares;
(3) maintaining secure back-ups;
(4) preventing unauthorized access to your Account, key shares;
(5) immediately notifying Atato [email protected] of any security breach including but not limited to Account, system, and network;
(6) keeping secret your Account ID and passwords; and
(7) cooperating with Atato in the investigation of any suspected breach and providing Atato with the conclusion of your or third-party investigation.
In no case, Atato shall be liable for any and all activity that takes place with your Account accessed using your account credentials whether or not authorized by you.
It is not permitted to use Atato Account and Services for any illegal activities or seeking to engage in any illegal or fraudulent financial activity, leave Atato’s Services immediately
Atato may refuse to complete, cancel or reverse a transaction previously authorized by the User in case of breach of the law or regulation, or there is a reasonable element to suspect that the transaction may breach law and regulation.
Atato may also refuse to complete a transaction where there are insufficient Digital Assets in the User Account. Transactions in Digital Assets may be irreversible, and accordingly, losses due to fraudulent or accidental transactions may not be recoverable. Some Digital Assets transactions shall be deemed to be made when recorded on a public ledger, thus, the date or time of the initiation of transaction may differ with the date or time of the transaction itself. In the case of clause 2.9, I will notify you.
Subject to the Terms, Atato grants you a personal, limited, non-transferable, non-assignable, non-sublicensable, non-exclusive license during the term of the Agreement to use the Service for the duration of the Agreement.
Except to the extent expressly permitted in the Agreement (or otherwise mandated under any law applicable to User ), User shall not, and shall not permit or encourage any third party to, do any of the following: (1) copy or reproduce the Service; (2) sell, assign, lease, lend, rent, distribute, or sublicense the Service ; (3) modify, alter, adapt, arrange, translate, decompile, disassemble, reverse engineer, or otherwise attempt to reconstruct, extract or discover the source code or non-literal aspects (such as, but not limited to, the underlying structure, sequence, organization, ideas, routines, facilities, and formats) of, the Service or any part; (4) remove, alter, or conceal, in whole or in part, any copyright, trademark, patent, or other proprietary legend, notice or designation displayed or contained on/in the Service; (5) circumvent, disable or otherwise interfere with security-related features of the Solution, or with features that prevent or restrict use of the Solution; (6) make a derivative work of the Service, or use the Service to develop any service or product that is the same as, substantially similar to, or competes directly or indirectly with the Service; (7) disclose to the public the results of any internal performance testing or benchmarking studies of/about the Service; (8) publish, transmit, or link to any robot, spider, crawler, virus, malware, Trojan horse, spyware, or similar malicious code or item intended (or that has the potential) to damage, disrupt, compromise, or exploit the Service; or (9) use the Service in any manner that violates law.
No title to or ownership of any proprietary rights related to the Services is transferred to you pursuant to these Terms.
As between the parties, Atato is, and shall remain, the sole and exclusive owner of all Intellectual Property Rights in, to, and under the Services, as well as any upgrades to the foregoing and any deliverables provided pursuant to the performance of the Services. Any rights not expressly granted to the User under this Terms, are hereby reserved by Atato.
Content on the Services is provided to you for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent.
Atato grants you the right to use or display Atato’s trademark, logo, slogan, or service marks, provided that the User will take no action which is intended, or could reasonably be expected, to harm Atato or its reputation or which could reasonably be expected to lead to unwanted or unfavorable publicity to Atato. Atato reserves the right to revoke the said right at any time and at its sole discretion.
The User understands and agrees to hold and indemnify Atato and its subsidiaries, officers, agents, employees, service providers, and licensors harmless from any claim, action, or demand (including reasonable attorneys’ fees) arising out of or relating to the Account, the use of the Services or the breach of these Terms or any other third party right.
Atato will do its best effort to notify the User of any such claim, action, investigation, or demand that is subject to the User indemnification obligation.
Atato is not liable for any unauthorized use of your Account or any third-party account which you use in connection with the Services provided.
Notwithstanding the terms of this Terms, in no event shall Atato, its subsidiaries, officers, agents, employees, representatives, partners, service providers or licensors be liable for any losses and damages resulting in but not limited to from the interruption or failure of the operation, lost profits, lost savings, loss of reputation, loss of goodwill, loss of Digital Asset, incidental, special, indirect, consequential, or punitive damages or claims arising out of or in connection with the Terms and Agreement.
In no event will the aggregate and maximum liability of Atato its subsidiaries, officers, agents, employees, representatives, partners, service providers or licensors liability arising from or relating to these Terms or Agreement exceed the greater of: (a) SDG 100; or (b) the total amount paid by the User within 12 months before your claims arose. All liability shall end upon expiration of the applicable Agreement period, provided that the User may continue to enforce a claim for which it has given notice prior to that date by commencing an action or arbitration.
In some jurisdictions, the limitation or exclusion of incidental or consequential damages is not permitted. Should the User be part of these said jurisdictions, the clause 3.6 will not apply.
User grants us the right to use User’s company name and logo as a reference for marketing or promotional purposes on our website and in other public or private communications with our existing or potential customers, subject to User’s standard trademark usage guidelines as provided to us from time-to-time. We don’t want to list customers who don’t want to be listed, so the User may send us an email to [email protected] stating that it does not wish to be used as a reference.
If User provides Atato or its affiliates with any feedback, comments, ideas, or suggestions regarding the Services (including modifications, enhancements, improvements or suggested changes to the Services, or any feature or function of the Services) (collectively, “Feedback”), The User hereby grants Atato a worldwide, exclusive, sub-licensable, assignable, transferable, perpetual, irrevocable, royalty-free, and fully-paid license to use, edit, distribute, create derivative works of, and otherwise fully exploit (without restriction) such Feedback for any use and purpose whatsoever.
Neither us nor User will be liable by reason of any failure or delay in the performance of its obligations on account of events beyond the reasonable control of a party, which may include denial-of-service attacks, a failure by a third-party hosting provider or utility provider, strikes, shortages, riots, fires, floods, acts of God, war, terrorism, and governmental action.
Atato fees do not include any taxes, levies, duties, or similar charges imposed with respect to the performance of the Services (including but not limited to GST, VAT, or withholding taxes) (“Taxes”). You are responsible for paying all Taxes associated with your purchases.
In the case, Atato is responsible for paying or collecting your Taxes, Atato will invoice you and you shall pay Atato within seven (7) calendar days except if you provide a valid tax exemption. In the event where the law provided that you have to withhold Atato Taxes, you will provide reasonable assistance to Atato for submitting to us valid tax receipts and documentation evidencing your payment and in filing applications.
Unscheduled deployments of changes, updates, or enhancements to the Services may occur at any time and the sole discretion of Atato.
Functionalities or features may be added or removed by Atato provided that Atato notify the User.
Each party (“Recipient”) may have access to certain non-public or proprietary information and materials of the other party (“Discloser”), whether in tangible or intangible form (“Confidential Information”) during the performance of these Terms. Without derogating from any other obligation or restriction in these Terms, you shall treat the Services as Atato’s Confidential Information. Confidential Information shall not include information and material which:
(a) at the time of disclosure by Discloser to Recipient hereunder, is in the public domain;
(b) after disclosure by Discloser to Recipient hereunder, becomes part of the public domain through no fault of the Recipient;
(c) was rightfully in the Recipient’s possession at the time of disclosure by the Discloser hereunder, and which is not subject to a prior continuing obligation of confidentiality;
(d) is rightfully disclosed to the Recipient by a third party having the lawful right to do so;
(e) independently developed by the Recipient without the use of, or reliance upon, Confidential Information received from the Discloser as evidenced by internal documentation; or
(f) whose disclosure is required by law.
The Recipient shall use the Discloser’s Confidential Information solely for the purposes of Recipient exercising its rights and performing its obligations under these Terms. Recipient shall not disclose the Discloser’s Confidential Information to any third party, except to its employees, legal advisers, and other personnel who have a need to know such Confidential Information in order for Recipient to exercise its rights or perform its obligations under these Terms; provided, however, that such personnel is subject to substantially similar confidentiality undertakings as contained herein. The Recipient shall be primarily responsible for the acts and omissions of such personnel.
The Recipient shall take commercially reasonable measures, at a level at least as protective as those taken to protect its own Confidential Information of like nature (but in no event less than a reasonable level), to protect the Discloser’s Confidential Information from unauthorized use and disclosure.
In the event Recipient is required to disclose Discloser’s Confidential Information pursuant to any law, regulation, or governmental or judicial order, Recipient will:
(a) subject to compliance with legal requirements, promptly notify Discloser in writing of such law, regulation or order,
(b) reasonably cooperate with Discloser in opposing such disclosure, at the Discloser’s expense, and
(c) only disclose to the extent required by such law, regulation or order (as the case may be) as advised by Recipient’s legal counsel.
Each party acknowledges that in the event of a breach or threatened breach of this clause 3.13 by the Recipient, the Discloser may suffer irreparable harm or damage for which monetary damages will be inadequate, and the Discloser will, therefore, be entitled to seek injunctive relief and specific performance to enforce the obligations under this clause (without the need to post a bond).
In case of technical (e.g. software update), technological factors, and any factor under or beyond our control, Atato may temporarily interrupt the Services. It is agreed that Atato is not liable for any loss and damage arising from such interruption.
You agree to release Atato from any liability against such interruption or inability to access the Services.
Atato may change these Terms from time to time. If Atato does, Atato will let you know by revising the date at the top of the document. If the changes, in our sole discretion, are material, we may also notify you by sending an email to the address associated with your account (if you have chosen to provide an email address) or by otherwise providing notice through our Services. We encourage you to review the Terms whenever you access or use our Services or otherwise interact with us. By continuing to use our Services after changes go into effect, you agree to be bound by the revision.
Atato is entitled to suspend, restrict or cancel your Account and Services at any time and at its sole discretion, with or without cause, without incurring liability of any kind.
The cause may be but is not limited to:
(a) breach of these Terms or the Agreement; (b) the misuse of the Services; (c) late payment exceeding fifteen (15) calendar days; (d) required by law or any court or other authority; or (e) any security issues.
Should the Agreement be terminated or expired, the User’s Account will be automatically closed provided that all Digital Asset has been transferred to your account. Any detail for termination or expiration will be described in the Agreement.
ACCESS TO AND USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ATATO ENTITIES DO NOT WARRANT AND DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR (a) UNINTERRUPTED, ACCURATE, COMPLETE, RELIABLE, CURRENT, SECURITY OR ERROR FREE OF THE SERVICES OR ANY CONTENT (b). ATATO DOES NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY CONTENT AVAILABLE ON OR LINKED TO THE SERVICES OR THE ACTIONS OF ANY THIRD PARTY OR USER WHILE ATATO ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICES SAFE, (c) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICE OR ANY CONTENT; (d) THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICE. ATATO DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then (a) the remaining provisions of this Agreement shall remain in full force and effect; and (b) such provision shall be ineffective solely as to such jurisdiction (and only to the extent and for the duration of such invalidity or unenforceability), and shall be substituted (in respect of such jurisdiction) with a valid and enforceable provision that most closely approximates the original legal intent and economic impact of such provision.
Except for payment obligations, neither party shall be liable for failure or delay in performance of any of its obligations under these Terms arising out of any event or circumstance(include, but are not limited to, acts of God, war, riot, arson, embargoes, civil commotion, strikes, labour disputes, equipment failures, bank failures, cryptocurrency market collapse or fluctuations, credit or debit card transaction processing failures, strikes, hurricanes, flood, fire, earthquake, tropical storms or other natural disaster or casualty, shortages of labour or material, shortage of transportation, facilities, fuel, energy, government regulation or restriction, acts of civil or military authority or terrorism, fibre cuts, weather conditions, hacking, spam or failure of any computer, server or software disruptions on account of or caused by vandalism, theft, phone service outages, power outage, internet disruptions, viruses, and mechanical, power or communications failures) beyond that party’s reasonable control.
Nothing contained in these Terms and no activity by either Party in the performance hereof shall constitute, create, or be deemed to constitute or create between either Party, or between or among either Party and any of its officers, directors, employees or agents, an agency or representative relationship or a partnership, joint venture or association, nor shall these Terms or any activity by either Party hereunder create or be deemed to create any express or implied right, power or authority of either Party to enter into any agreement or commitment, or to incur any liability or obligation, on behalf of the other Party.
Except to the extent expressly provided otherwise in these Terms, no right or remedy conferred upon or reserved by either party under these Terms is intended to be, or will be deemed, exclusive of any other right or remedy under this Agreement, at law, or in equity, but will be cumulative of such other rights and remedies.
No failure or delay on the part of either party in exercising any right or remedy hereunder will operate as a waiver thereof, nor will any single or partial exercise of any such right or remedy preclude any other or further exercise thereof, or the exercise of any other right or remedy. Any waiver granted hereunder must be in writing, duly signed by the waiving party, and will be valid only in the specific instance in which it is given.
These Terms shall be governed by, construed under, and enforced in accordance with the laws of Singapore, without regard to any conflict of law provisions.
Any dispute arising out of or in connection with this Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (SIAC Rules) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The tribunal shall consist of one arbitrator independently appointed by the SIAC and the language of the arbitration shall be English.
Any notice, request, consent, or approval required or permitted to be given under these Terms or pursuant to law shall be sufficient if in writing, and in the case of the User, when sent by email and/or registered mail to the relevant address provided by the User, and in the case of Atato, to the address as set out below:
Email Address: [email protected]
Address: 160 Robinson Road, #14-04 Singapore Business Federation Centre, SGP (068914), Singapore