Terms of Use
Last Update: 1 July 2024
THIS WEBSITE IS OPERATED BY ABELIAN, AN OPEN SOURCE AND COMMUNITY-DRIVEN QUANTUM-RESISTANT BLOCKCHAIN ECOSYSTEM WITH INFRASTRUCTURE AND PROTOCOLS WHICH ENABLE DIGITAL GOLD 2.0 AND POST-QUANTUM DECENTRALIZED APPLICATIONS(“ABELIAN”, “TEAM”, “WE”, “US”, “OUR” OR “COMPANY”). BY VISITING AND USING THIS WEBSITE, YOU WILL BE ACCEPTING THESE TERMS OF USE (“TERMS” OR “AGREEMENT”). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THIS SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE PLATFORM OR SERVICES DESCRIBED HEREIN. UNDERSTANDING THESE TERMS IS CRUCIAL FOR YOUR RESPONSIBLE USE OF THE WEBSITE. ABELIAN RESERVES THE RIGHT TO POST CHANGES TO THE TERMS ON THIS WEBSITE AT ANY TIME, AND BY YOUR CONTINUING TO USE THE WEBSITE THEREAFTER, YOU AGREE TO BE BOUND BY THE NEW VERSION OF THE TERMS. IF ANY TERM CHANGES ARE NOT ACCEPTABLE, YOU MUST STOP YOUR USE OF THIS WEBSITE.
IMPORTANTLY, THE TERMS INCLUDE A BINDING ARBITRATION PROVISION WHICH IMPACT YOUR RIGHTS AS TO HOW DISPUTES ARE RESOLVED.
THIS DOCUMENT OR ANY OTHER DOCUMENTS, INCLUDING THOSE PUBLISHED ON THE WEBSITE, VIDEOS, MEDIA AND EDUCATION MATERIALS AVAILABLE ON ANY THIRD-PARTY WEBSITES, PRODUCED AND SIGNED BY ABELIAN, CLEARLY STATE THAT THIS WEBSITE DOES NOT CONSTITUTE AN OFFER OR SOLICITATION TO SELL SHARES OR SECURITIES IN ABELIAN OR THE WEBSITE OR THE PRODUCTS OFFERED THERETO. NONE OF THE INFORMATION OR ANALYSES PRESENTED ARE INTENDED TO FORM THE BASIS FOR ANY INVESTMENT DECISION, AND NO SPECIFIC RECOMMENDATIONS ARE INTENDED, AND SERVICES AND THE WEBSITE ARE NOT, DO NOT OFFER AND SHALL NOT BE CONSTRUED AS INVESTMENT OR FINANCIAL PRODUCTS, BUT AS SOFTWARE. ACCORDINGLY, THIS DOCUMENT DOES NOT CONSTITUTE INVESTMENT ADVICE, COUNSEL OR SOLICITATION FOR INVESTMENT IN ANY SECURITY AND SHALL NOT BE CONSTRUED IN THAT WAY. THIS DOCUMENT DOES NOT CONSTITUTE OR FORM PART OF, AND SHOULD NOT BE CONSTRUED AS, ANY OFFER TO FOR SALE OR SUBSCRIPTION OF, OR ANY INVITATION TO OFFER TO BUY OR SUBSCRIBE FOR, ANY SECURITIES.
MINING OF ABEL OR ACQUISITION OF CRYPTOGRAPHIC TOKENS FROM ABELIAN DOES NOT PRESENT AN EXCHANGE OF CRYPTOCURRENCIES FOR ANY FORM OF ORDINARY SHARES IN ABELIAN OR THE WEBSITE, AND THE HOLDER OF ANY CRYPTOGRAPHIC TOKENS ISSUED OR MANAGED BY ABELIAN IS NOT ENTITLED TO ANY GUARANTEED FORM OF DIVIDEND OR OTHER REVENUE RIGHT. HOLDERS OF ABELIANCRYPTOGRAPHIC TOKENS ARE ONLY ENTITLED TO THE USE OF THE INTERFACE AND SOFTWARE AND CERTAIN OTHER RIGHTS WITHIN THE INTERFACE IN ACCORDANCE WITH THE TERMS SET OUT HEREIN. ABELIAN CRYPTOGRAPHIC TOKENS ARE AVAILABLE TO USERS IN EXCHANGE FOR CERTAIN OTHER CRYPTOGRAPHIC TOKENS. ANY PERSON OR ENTITY, INCLUDING ANYONE ACTING ON ITS BEHALF, BEING BASED, DOMICILED, LOCATED OR INCORPORATED IN THE UNITED STATES OF AMERICA AND ANY OF ITS LANDS, IN THE BRITISH VIRGIN ISLANDS AND JURISDICTION WHERE THE USE OF CRYPTOGRAPHIC TOKENS IS PROHIBITED SHALL NOT USE THE WEBSITE OR ABEL TOKENS AND SHALL LEAVE THIS WEBSITE IMMEDIATELY. ABELIAN EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY DIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND WHATSOEVER ARISING DIRECTLY OR INDIRECTLY FROM: (I) RELIANCE ON ANY INFORMATION CONTAINED IN THIS DOCUMENT, (II) ANY ERROR, OMISSION OR INACCURACY IN ANY SUCH INFORMATION OR (III) ANY ACTION RESULTING THEREFROM, (IV) USAGE OR ACQUISITION OF PRODUCTS, AVAILABLE THROUGH THE WEBSITE.
1. General
These Terms apply to users of the website, platform and services in relation to the use, creation of any wallets and registration to assess websites managed by the Abelian Foundation, that include but not limited to abelian.info, pqabelian.io and their domains and subdomains, hardware, SDK, API, demonstration application as well as any software available thereunder from time to time, including but not limited to, Abelian Mobile Wallet, Abelian Desktop Wallet, Abelian CLI Wallet, Abelian Lite CLI Wallet, Abelian Full Node, Abelian CPU Mining, Abelian GPU Mining, and any other Abelian software, media form, media channels, forums only where is applicable, including Twitter, Telegram, Discord and Medium, mobile website or mobile application (“App”), decentralise application (“DApp”) related, linked, or otherwise connected thereto and anything else which are provided to you by Abelian (collectively, this “Interface” , “Platform”, “Protocol", “Service”, “Site”, “Software” or “Website”).
2. Definitions
2.1 “ABEL”, a symbol of the native token of the Abelian Mainnet, means the token powered by the Abelian mined during the creation of each block on the Abelian Blockchain.
2.2 “Abelian Blockchain” means the technology infrastructure targeted to be a post-quantum privacy-preserving blockchain network, which adopts post-quantum cryptography inspired by NIST standardised lattice-based cryptography and some related post-quantum cryptographic systems and algorithms.
2.3 “Abelian Wallet” means software, applications and plugins as Abelian may publish and make available on the Platform or physical devices designated for the Wallet Holders from time to time, operable on Windows, macOS, macOS (Apple silicon), Linux and Linux (ARM) which as of date the last update of the Terms include (i) Abelian Desktop Wallet with frontend interface; (ii) Abelian CLI Wallet, a command line interface (“CLI”) wallet for running Users’ own Abelian Nodes; and (iii) Abelian Lite CLI Wallet, a command line interface wallet relied on servers run by Abelian or other users in the community; and (iv) Abelian Pro Mobile App, the mobile device App where cryptocurrency digital wallet is created for the Wallet Holder available on both iOS and Android platforms.
2.4 “Abelian Node” means the Software package called “abec” and related software packages used to run an Abelian full node on a User’s Computing Devices that fully validates transactions and blocks and helps the Abelian Blockchain network by accepting transactions and blocks from other Abelian Nodes, validating those transactions and blocks, and then relaying them to further full nodes.
2.5 “API” means an application programming interface provided by Abelian from time to time, including “API for Abelian Core”, “API for Abelian Wallet” and those provided under “Ans API Document”.
2.6 “API Use” means to use, access, call, command, query or request the API, whether commercially or non-commercially.
2.7 “Computing Device” means any hardware device you use for Mining and hosting an Abelian Node, including, but not limited to, mobile phones, laptop computers, tablets, desktop computers, workstations, servers, ASICS, FPGAs, CPUs, GPUs, storage devices, or any other devices capable of running the Abelian Software.
2.8 “Digital Assets” are classified as digital in nature, borne of technology with classes, including stablecoins and other digital assets, such as TLDs, Domains, NFTs, including ENS and Cryptocurrency projects or tokens, available in particular public blockchain networks or similar networks.
2.9 “Fork” refers to changes and upgrades to the usability, functions, value or versions of the Abelian Blockchain.
2.10 “Mining” or “Mine” means a process that involves Computing Devices using Abelian GPU Mining and CPU Mining Software or other software or hardware that may be available on the Platform from time to time to make calculations in the attempt to solve a cryptographic puzzle to validate transactions, which, when solved, means that persons Mining are, or their associated network is, rewarded with an amount of ABEL.
2.11 “SDK” means Abelian’s software development kit, namely, Abelian Java SDK, a library that allows developers to interact with the Abelian Blockchain, such as to connect to the Abelian network, query the state of the blockchain, decode privacy-protected data of managed accounts, and send transactions, specifically including but not limited to header files, libraries, simulators, and software (source code and object code labelled as part of the SDK).
2.12 “Unauthorised Code” means malicious or invalid code, virus, Trojan horse, worm, logic bomb, software routine or hardware components designed to permit unauthorised access, to disable, erase, or otherwise harm software, hardware or data, or to perform any such actions.
2.13 “Wallet Holder” means an individual, legal entity, charity, unincorporated association, decentralised autonomous organisation, legal identity or otherwise who completes the registration procedure and successfully creates an Abelian Wallet.
3. AGREEMENT TO TERMS
3.1 These Terms constitute a legally binding agreement made between you, whether personally or on behalf of a Wallet Holder (“you”, “client” or “user”) and Abelian, concerning your access to and use of the Site. You agree that by accessing this Site, you have read, understood, and agreed to be bound by all these Terms.
3.2 Supplemental terms and conditions and documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. In our sole discretion, we reserve the right to change or modify these Terms from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to and will be deemed to have been made aware of and to have accepted the changes in any revised Terms by your continued use of the Site after the date such revised Terms are posted.
3.3 The information provided on this Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access this Site from other locations do so on their initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
4. ELIGIBILITY
4.1 The Website, Interface, Platform, ABEL tokens and Digital Assets are not offered to natural and legal persons. The Software and Services are strictly not allowed to the same, having their habitual residence or their seat of incorporation in the countries that may require security license in dealing with, marketing, trading or otherwise with Digital Assets, including but not limited to Belarus, Burundi, Crimea and Sevastopol, Cuba, Democratic Republic of Congo, Iran, Iraq, Libya, North Korea, Somalia, Sudan, Syria, Venezuela, Zimbabwe, People’s Republic of China, USA and Russia (“Restricted Areas”).
4.2 Users and Wallet Holders with their habitual residence or seat of incorporation from the Restricted Areas shall not use the Website, the Interface Platform and ABEL tokens.
4.3 Abelian reserves the right to decide at its discretion to adopt reasonable organisational and technical measures to ensure that the Website and ABEL tokens are not available to persons from paragraph 4.1. Due to the ABEL tokens being offered on the Internet (meaning both the World Wide Web and the Abelian Blockchain or other similar blockchains), Abelian and Users understand that there is a possibility that there might be a certain “flow back” of ABEL tokens to natural and legal persons with their habitual residence or seat of incorporation located in the Restricted Areas. ABEL consequently explicitly prohibits persons from paragraph 4.1 from using the ABEL tokens. Abelian shall not be held liable for any legal or monetary consequence of such use. Such persons using ABEL tokens, despite the prohibition, shall, on first request, indemnify and hold harmless Abelian and its associates from any legal or monetary consequence arising from their breach of the terms as described in this paragraph 4.3. Any person matching the criteria from paragraph 4.1 shall immediately stop using ABEL tokens and leave the Website.
4.4 By using the Platform, Abelian Software and any Abelian or third-party social media platforms available therewithin, including any of their configurations and wallet set-up, which requirements may be updated from time to time, you represent and warrant that:
(a) any information and data you provide to Abelian will be true, accurate, current, and complete;
(b) you will maintain the accuracy of such information and promptly update such information and data as necessary;
(c) you have the legal capacity to represent the ultimate owner of the Wallet Holder, and you, together with the Wallet Holder thereunder and its associates, agree to comply with these Terms;
(d) you are not a minor in the jurisdiction in which you reside;
(e) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
(f) you will not use the Site for any illegal or unauthorised purpose; and
(g) your use of the Site will not violate any applicable laws or regulations, including that in your jurisdiction where you assess the Site.
4.5 We reserve the right to terminate your access to the Site and Services for any reason at our sole and absolute discretion. Use of the Site and Services is void where prohibited by applicable laws.
4.6 Depending on your country of residence or incorporation or registered office, you may not be able to use all the functions of the Site or Services provided therein. You are responsible for following the rules and laws in your country of residence and the country from which you access the Site and Services.
5. RISK DISCLOSURE
5.1 If you choose to use the Site and Services, it is essential that you remain aware of the risks involved, that you have adequate technical resources and knowledge to bear such risks and that you monitor your transactions carefully.
5.2 You understand that the Site, blockchain technology, Abelian Blockchain, Abelian Software, Digital Assets, ABEL, privacy token, proof of work concept and other associated and related technologies are new and outside of Abelian’s control. You acknowledge that there are significant risks associated with these innovative technologies. In addition to the risks disclosed below, there are risks that Abelian cannot foresee, and it is unreasonable to believe that such risks could have been foreseeable. The performance of Abelian’s obligation under these Terms will terminate if market or technology circumstances change to such an extent that (i) these Terms no longer comply with Abelian’s expectations, (ii) it would be unjust to enforce Abelian’s obligations in the general opinion or (iii) Abelian’s obligations becomes impossible.
5.3 You acknowledge that there is risk associated with any unlawful use of ABEL by Users, subordinates, third parties or others that are out of Abelian’s control and that you have been fully informed and warned about it. The funds and Digital Assets stored in the Abelian Wallet may be disposed of by a third party in case the third party obtains the Wallet Holder’s login credentials. The Wallet Holder shall protect his login credentials and his electronic devices where the login credentials are stored against unauthorised access.
5.4 You acknowledge that there is risk associated with future legislation that may restrict, limit or prohibit certain aspects of blockchain technology, which may also result in restriction, limitation or prohibition of the Services, and that you have been fully informed and warned about it.
5.5 You acknowledge that there is risk associated with hacking Abelian Wallet and that you have been fully informed and warned about it. Hackers or other groups, agencies or organisations may attempt to interfere with Abelian Wallet in any way, including, but not limited to and without limitation, denial of services attacks, Sybil attacks, spoofing, smurfing, malware attacks, mining attacks or consensus-based attacks.
5.6 You acknowledge that there are risks associated with using the Services provided by Abelian through the internet, including, but not limited to, the failure of hardware, Computing Devices, software, configuration, and internet connections, and you have been fully informed and warned about them. You acknowledge that Abelian will not be responsible for any configuration, connection or communication failures, disruptions, errors, distortions or delays you may experience when using the Services, however caused.
6. PROVISION OF SERVICES
6.1 Post-quantum Cryptography
This Agreement uses a suite of quantum-resistant cryptographic techniques for the Abelian Blockchain Platform as specified in https://download.abelian.info/release/docs/whitepaper.pdf. At the commencement of the Agreement, quantum-resistant cryptography will be employed for ABEL and the Abelian Blockchain. As described in Clause 5 above, you acknowledge the risks associated with blockchain technologies and acknowledge that:
(a) any variations may occur with the Protocol;
(b) Abelian may make new applications, Software, tools, features or functionality available from time to time through the Services; and
(c) Abelian may add new Services to this Clause 6 (Provision of Services) from time to time, the use of which may be contingent upon the User’s agreement to additional terms.
6.2 Abelian Wallet
6.2.1 Functionality
Abelian Wallet is a non-custodial wallet software for Digital Assets, meaning you are solely in control of and responsible for your Digital Assets and private keys. Accordingly, you can authorise transactions from your wallet address. You expressly acknowledge and agree that as Abelian Wallet is a non-custodial wallet software, you are solely responsible for your activity and any risk of loss. Abelian Wallet may allow you, including but not limited to:
(a) generate wallet addresses and associated private keys that you may use to send and receive Digital Assets;
(b) browse and access third-party DApp(s) through the mobile application’s web browser;
(c) swap/trade digital assets through DApp functionality made available by third-party service provider(s);
(d) view Digital Asset price information made available by third-party service provider(s); and
(e) broadcast Digital Asset Transaction data to various blockchains supported by Trust Wallet without requiring you to download or install the associated blockchain-based software to your local device.
6.2.2 Wallet Address, Private Key, and Backup Capabilities
An encrypted backup of certain information associated with your Abelian Wallet can be stored on eligible devices. The private key is related to the wallet address, and together, they can be used to authorise the transfer of Digital Assets to and from that wallet address. You are solely responsible for the retention and security of your private key and any mnemonic list (“Secret Phrase”) associated with your wallet. You must keep your wallet address, Secret Phrase, and private key access information secure. You must back up your private keys, backup phrases, and passwords. Failure to do so may result in the loss of control of Digital Assets associated with your wallet. You acknowledge and agree that we do not receive or store your wallet password, encrypted private key, unencrypted private key, or Secret Phrase associated with your wallet. We cannot generate a new password for your wallet if you fail to remember your original password. Suppose you have not safely stored a backup of any wallet address and private key pairs maintained in your wallet. In that case, you accept and acknowledge that any Digital Assets associated with such wallet address will become inaccessible. Accordingly, we shall have no responsibility or liability whatsoever in the event you cannot access your wallet for any reason, including your failure to keep your wallet address, Secret Phrase and private critical information secure.
6.2.3 Risks related to the use of Abelian Wallet
The Site will not be responsible for any losses, damages or claims arising from events falling within, but not limited to, the scope of the following five categories:
(a) Mistakes made by the user of any Abelian Software or Services, such as, forgotten passwords, payments sent to wrong wallet addresses, and accidental deletion of Abelian Wallets.
(b) Software problems of the Site and/or any Abelian Software or Service, such as, corrupted wallet file, incorrectly constructed transactions, unsafe cryptographic libraries, malware affecting the Site and/or any Abelian Software or Service.
(c) Technical failures in the hardware of the user of any Abelian Software or Service, such as, data loss due to a faulty or damaged storage device.
(d) Security problems experienced by the user of any Abelian Software or Service, such as, unauthorised access to users' Abelian Wallets.
(e) Actions or inactions of third parties and/or events experienced by third parties, such as, bankruptcy of service providers, information security attacks on service providers, and fraud conducted by third parties.
6.3 Abelian Mining
6.3.1 We allow you to Mine ABEL on the Abelian Blockchain networks we support using Abelian CPU or GPU Mining Software.
6.3.2 You are responsible for:
(a) setting up your Computing Device so that it uses the Abelian Software to Mine ABEL;
(b) any damage to your Computing Device resulting from (i) incorrect or incomplete settings and (i) any other issues with the Computing Device, environment or other external issues; and
(c) all investment decisions when Mining ABEL. This includes the fact that you decide which Software to Mine, when to Mine them, and when to cease Mining them.
6.3.3 The amount you may receive from Mining from time to time depends on whether the computational resources you dedicate to Mining are rewarded. We do not control this and therefore do not guarantee any reward from Mining.
6.3.4 Suggested, listed or displayed overclocking or Computing Device settings are for reference, and any available on any third-party platforms may not be approved, reviewed or tested by us. They can be provided via AI, benchmarking, third parties or online information resources and carry a risk of damaging your device or your data. If you choose to apply these settings, it is at your own risk, and we are not liable for any loss as a consequence.
6.3.5 When Mining, you may not:
(a) redirect of hash rate on successful nonce discovery, or any method of switching Mining pools to either maximise or gain any advantage against the Mining pools being used.
(b) attempt to “game” the system to increase earnings above those that should be fairly earned.
6.4 Abelian Node
6.4.1 Abelian Nodes serve clients by allowing them to transmit their transactions to the network and by notifying them when a transaction affects their wallet. Abelian Wallet (CLI) users will need to run their own Abelian nodes or connect to other Abelian Nodes run by other users, and you must take the same precautions as you would when using any Abelian Wallets.
6.4.2 Possible Problems
Running an Abelian Node may expose you to certain risks, including but not limited to the following:
(a) Some areas restrict and prohibit the use of cryptocurrency.
(b) Some internet plans will charge an additional amount for any excess upload bandwidth used that is not included in the plan. Worse, some providers may terminate your connection without warning because of overuse. We advise that you check whether your internet connection is subjected to such limitations and monitor your bandwidth use so that you may stop Abelian Node before you reach your upload limit.
(c) Abelian Node powers the Abelian Blockchain peer-to-peer network, so people who want to disrupt the network may attack Abelian Node users in ways that will affect other things you do with your computer, such as an attack that limits your available download bandwidth.
6.5 APIs and SDKs
6.5.1 Your API Use is subject to the following:
(a) Your right to API Use may be subject to additional terms, including any limitations on your API Use, including that found on the individual pages of the APIs on the Site.
(b) You warrant that you and your clients are free of any Unauthorised Code. You agree that your API Use is in accordance with Abelian's published technical specifications and other specifications, including any security requirements and procedures. You shall not interfere with or disrupt the API or the servers or networks providing the API. You shall not exploit any vulnerability of the API or servers, inject any unauthorised or malicious scripts, codes, commands, queries or requests, or introduce any Unauthorised Code through the API.
(c) You shall take the necessary measures, including, but not limited to, disconnecting the API and informing Abelian immediately if you detect any suspicious activities or vulnerabilities in your systems that interface with Abelian during your API Use.
6.5.2 When using the SDK, you agree to the following:
(a) You agree that if you use the SDK to develop applications for general public users, you will protect those users' privacy and legal rights per all applicable laws.
(b) You agree that you will not engage in any activity with the SDK, including the development or distribution of an application, that interferes with, disrupts, damages, or accesses in an unauthorised manner the servers, networks, or other properties or services of any third party, including our Platform, Software thereunder and Abelian Blockchain.
(c) You agree that you are solely responsible for (and that we have no responsibility to you or any third party for) any data, content, or resources that you create, transmit or display through your application(s) and for the consequences of your actions (including any loss or damage which we may suffer) by doing so.
(d) Without prejudice to Clause 7 of these Terms, we make no guarantee whatsoever as to the suitability or compatibility of the SDK offered to you (and as may be amended from time to time pursuant to these Terms) with any applications developed by you, for any operating systems generally.
6.6 Hardware and software requirements
Each Abelian Software has specific recommended requirements from time to time. If you try Mining and running a node on a weak Computing Device, it may work—but you will likely spend more time dealing with issues. For up-to-date information on the recommended hardware and software requirements, please visit our FAQ page at https://community.abelian.info/faq/.
6.7 Release history
For transparency, Abelian endeavours to archive and keep a release history of all previous versions of its Software solely for users’ reference made available at https://www.abelian.info/en/downloads/.
7. WARRANTIES
7.1 This Site and Services are provided on an as-is and as-available basis, including all faults and defects. You agree that using the Site and our Services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, statutory or otherwise, in connection with the Site and your use thereof, including, without limitation, of merchantability, suitability, reliability, availability, timeliness, accuracy, satisfaction quality, fitness for a particular purpose or quality, title and non-infringement concerning any of the Services, or quiet enjoyment and any warranties arising out of any course of dealing, course of performance, trade practice or usage of the Services including information, content and material contained therein. We make no warranties or representations and you waive all warranties of any kind about the accuracy or completeness of the Site’s content or any websites linked to the Site. Particularly, without limiting the generality of the foregoing, Abelian makes no representations and warranties, whether express, implied, statutory or otherwise, regarding the Services, including any warranty that such services will be uninterrupted, harmless, secure or not corrupt or damaged, meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, meet any performance or error-free or that any errors or defects can or will be corrected. We will assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content and materials, (ii) personal injury or property damage of any nature whatsoever resulting from your access to and use of the Site, (iii) any unauthorised access to or use of our secure servers and any personal information and financial information stored therein, (iv) any interruption or cessation of transmission to or from the Site, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site by any third party, and (vi) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Site. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site, hyperlinked website, or any website or mobile application featured in any banner or other advertising. We will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with purchasing a product or service through any medium or environment, you should use your best judgment and exercise caution where appropriate.
7.2 Abelian makes no representations and warranties, whether express, implied, statutory or otherwise, regarding any payment services and systems, Abelian Wallet or any wallets provided by a third party, or any other financial services related to the Services.
7.3 You acknowledge that you do not rely on and have not been induced to accept the Services according to these Terms based on any warranties, representations, covenants, undertakings or any other statement whatsoever other than expressly set out in these Terms that neither Abelian nor any of its respective agents, officers, employees or advisers have given any such warranties, representations, covenants, undertakings or other statements.
8. LIMITATION OF LIABILITY
Abelian and their owners, contributors, respective officers, employees or agents will not be liable to you or anyone else any damages of any kind, including, but not limited to, direct, consequential, incidental, special or indirect damages (including but not limited to lost profits, trading losses or damages that result from use, loss of use, or loss of data of the Site and Software), even if Abelian has been advised of the possibility of such damages or losses, including, without limitation, from the use or attempted use of the Services.
9. DISCLAIMER
9.1 The Site and Services do not provide individual or customised legal, tax, financial, or investment services. Since each individual has a unique situation, a qualified professional should be consulted before making financial decisions. Nothing on the Site or the Platform constitutes investment advice or a solicitation to buy, hold, invest in, own, or use Abelian.
9.2 Any information placed on the Platform or Software about ABEL or portfolios of ABEL cannot be treated as investment advice, consulting advice, trading or any other kind of advice, promise or responsibility for future values or market pricing of ABEL or portfolios of ABEL. Abelian is not a broker, advisor or any party that could be treated as obliged to you in any trading decisions. Before you register on the Platform, perform any actions on the Platform, or make any decision, you should do personal legal and tax research and order professional consulting and advice regarding your residence, local laws, individual financial circumstances, risk tolerance and obligations. The Platform cannot be treated as a business or investment instrument; it is only for personal use. All names, labels or any graphic designations in relation to ABEL or portfolios of ABEL are made on the Platform for individualisation purposes only and do not correlate with any investing indicators, prognosis or any personal investing choices or advice.
9.3 Any holder ABEL can lead to loss of money over short or even long periods. The holders of ABEL should expect prices to fluctuate in extensive ranges. The information published on the Site is not to guarantee that ABEL holders would not lose money.
10. YOUR RIGHTS AND OBLIGATIONS
10.1. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided to you or the public through the Site and Services.
10.2. We may, in our sole discretion, at any time, for any or no reason and without liability to you, with prior notice, (i) terminate all rights and obligations between you and Abelian derived from these Terms, (ii) suspend your access to all or a portion of the Site and Software or any portion thereof and delete or deactivate your Abelian Wallet and all related information and files in such wallet (iii) modify, suspend or discontinue, temporarily or permanently, any portion of the Site and Software or (iv) provide enhancements or improvements to the features and functionality of the Site and Services, which may include patches, bug fixes, updates, upgrades and other modifications. Any such change may modify or delete certain portions, features or functionalities of the Site and Software. You agree that Abelian has no obligation to (i) provide any updates or (ii) continue to provide or enable any particular portion, features or functionalities of the Site and Services to you. You further agree that all changes will be (i) deemed an integral part of the Site and Services and (ii) subject to these Terms.
10.3. Technical information about the hashing power transactions, including details about chosen server locations, algorithms used, selected Mining pools, and your business or activities, including all financial and technical information, specifications, and technology, together with all details of prices, current transaction performance and future business strategy represent confidential information and trade secrets. Abelian shall preserve the confidentiality of all the mentioned information and shall not disclose or cause or permit to be disclosed without your permission any of this information to any person save to the extent that such disclosure is strictly to enable you to perform or comply with any of your obligations under these Terms, or to the extent that there is an irresistible legal requirement on you or Abelian to do so; or where the information has come into the public domain otherwise than through a breach of any of the terms of these Terms. Abelian shall not be entitled to make use of any of these confidential information and trade secrets other than during the continuance of and pursuant to these Terms and then only for the purpose of carrying out its obligations in accordance with these Terms.
11. INTELLECTUAL PROPERTY
11.1. Abelian retains all copyright and other intellectual property rights, including inventions, discoveries, know-how, processes, marks, methods, compositions, formulae, techniques, information and data, whether or not patentable, copyrightable or protectable in trademark, and any trademarks, copyrights or patents based thereon overall content and other materials contained on the Site and Software or provided in connection with the Services, including, without limitation, the logo and all designs, text, graphics, pictures, information, data, software, source code, as well as the compilation thereof, sound files, other files and the selection and arrangement thereof. This material is protected by international copyright laws and other intellectual property rights laws, namely trademarks. These Terms shall not be understood and interpreted in a way that would mean the assignment of copyright or other intellectual property rights unless explicitly defined in these Terms.
11.2. Abelian hereby grants you a limited, nonexclusive and non-sublicensable license to access and use Abelian’s copyrighted work and other intellectual property for your personal or internal business use. Such license is subject to these Terms and does not permit any resale, distribution, public performance or public display, modifying or otherwise making any derivative uses, use, publishing, transmission, reverse engineering, participation in the transfer or sale, or any way exploit any of the copyrighted work and other intellectual property other than for their intended purposes. This granted license will automatically terminate if Abelian suspends or terminates your access to the Site and Software.
11.3. Abelian will own exclusive rights, including all intellectual property rights, to any feedback including, but not limited to, suggestions, ideas or other information or materials regarding the Site and Software that you provide, whether by email, posting through the Site and Software or otherwise and you irrevocably assign any intellectual property rights on such feedback unlimited in time, scope and territory. Any feedback you submit is non-confidential and shall become Abelian's sole property. Abelian will be entitled to the unrestricted use, modification or dissemination of such feedback for any purpose, commercial or otherwise, without acknowledgement or compensation to you. You waive any rights you may have to the input. We have the right to remove any posting you make on the Site and Software if, in our opinion, your post does not comply with the content standards defined by these Terms.
12. TERM AND TERMINATION
12.1. The term of this Agreement will remain in effect the earlier of the date outlined in the Agreement or the date of termination for breach, the conditions of which are set forth in Section 12.2 below.
12.2. Either party may terminate this Agreement for breach if the other party is in material breach of the Agreement and fails to cure that breach within thirty days after receipt of written notice. In addition, in the event that Abelian ceases its business operations, Abelian may terminate the Service. Breach of this Agreement is a basis for banning the Abelian Platform and Software.
13. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of (i) use of the Site and Software; (ii) breach of these Terms; (iii) any breach of your representations and warranties set forth in these Terms; (iv) your violation of the rights of a third party, including but not limited to intellectual property rights; or (v) any overt harmful act toward any other user of the Site and Software with whom you connected via the Site and Software. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding subject to this indemnification upon becoming aware.
14. PRIVACY POLICY
14.1. We will maintain certain data that you transmit to the Site and Software for the purpose of managing the performance of the Site and Services, as well as data relating to your use of the Site and Services. You are solely responsible for all data you transmit or related to any activity you have undertaken using the Site and Software. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
14.2. Using the website and the Platform, you confirm acceptance of this Clause 14. You are entitled to withdraw respective consent at any time; however, in some instances, it may prevent them from participating or engaging in certain Platform-related activities. Such withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
14.3. You may visit the Platform anonymously. We may consider collecting data to update you on Abelian’s latest Services, product announcements, software updates, etc.
14.4 We may share your data with our partner companies or contractors to be able to provide you with Services. By accepting these Terms, you provide us with your permission to share your data with our partner companies. For example, your data may be handled by external payment service providers. We may disclose your data to one or more of those selected payment service providers via APIs and other integration methods to enable them to connect your wallet with their services. Each such payment services provider will act as a data controller concerning the data we supply to it. They can provide you with a copy of its privacy policy, which will govern that third party’s use of your data.
14.5. You irrevocably declare:
(a) that you have read, understood, found satisfactory and fully accepted this Terms;
(b) that you confirm that your affirmative consent for the processing of personal data is given freely, clearly, expressly and unambiguously;
(c) that you consider other legal documents published on the website and the Platform, as well as risk warnings and risk disclosures provided on the Platform in any form, to be an integral part of these Terms.
15. MODIFICATIONS AND INTERRUPTIONS
15.1. We reserve the right to change, modify, or remove the contents of the Site and Software at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
15.2. We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
16. MISCELLANEOUS
16.1. You are not allowed to assign or otherwise transfer this Agreement or any of your rights and obligations under this Agreement without the prior written consent of Abelian, which may be unreasonably withheld. Any assignment or transfer violating this Section 16.1 will be void. In addition, you shall be the beneficial owner of any cryptocurrencies generated and received as a result of your use of the Services under this Agreement. Abelian may assign this Agreement without your consent:
(a) in connection with a merger, acquisition or sale of all or substantially all of our assets; or
(b) to any Affiliate or as part of a corporate reorganisation; and effective upon such assignment, the assignee is deemed substituted for Abelian as a party to this Agreement. Abelian is fully released from all of its obligations and duties to perform under this Agreement. Subject to the foregoing, this Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.
You may not merge this Agreement with any other agreements with Abelian it may be a party to.
16.2 If you experience a change of control (for example, through a transfer of Abelian Wallet ownership, stock purchase or sale, merger, or other form of corporate transaction):
(a) you will give written notice to the other party within thirty days after the change of control; and
(b) Abelian may terminate this Agreement any time between the change of control and thirty days after receiving that written notice.
16.3 This Agreement and any dispute or claim relating to it or its subject matter is governed by and is to be construed in accordance with Hong Kong law. Any dispute, controversy, difference or claim arising out of or relating to this agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre under the Hong Kong International Arbitration Centre Administered Arbitration rules in force when the notice of arbitration is submitted. The seat of arbitration shall be in Hong Kong. The number of arbitrators shall be one (1). The arbitration proceedings shall be conducted in English.
16.4 Abelian will not be liable for any failure or delay in performance of an obligation under this Agreement where the failures or delay results from any cause beyond our reasonable control, including, but not limited to, acts of God, labour disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war. Force Majeure events include but are not limited to, upgrades to the validation rules of a given blockchain, including by a hard Fork or soft Fork.
16.5 All communications and notices made or given pursuant to this Agreement must be in English. If we provide a translation of the English language version of this Agreement, the English language version of the Agreement will control if there is any conflict.
16.6 This Agreement does not create any agency, partnership or joint venture between Abelian and you.
16.7 To give us notice under these Terms, you must contact Abelian by email at general@abelian.info.
16.8 If any portion of these Terms is held invalid or unenforceable, the remaining portions will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to affect the original portion's intent. If such construction is not possible, the invalid or unenforceable portion will be severed from these Terms, but the rest of the Agreement will remain in full force and effect.