1. Parties
1.1. This agreement is between you ( ‘You’ or ‘Your’ in this agreement) and Atomic Company (‘Atomic’ in this agreement). Atomic is a Blockchain Platform which consists of a set of desktop applications and website atomicwallet.io. You acknowledge that any use of Atomic is subject to these Terms of Service.
1.2. It's your own responsibility to read the Terms of Service carefully before you start to use Atomic.
2. Definitions and Services offered
Atomic is an innovative cryptocurrency infrastructure, which consists of:
2.1. Atomic Desktop Light Wallet Applications
Atomic has created means for users to access and transfer ownership of virtual currency tokens (such as bitcoins) under the name "Atomic Wallet...". By entering into this agreement You will receive a license to use any of the Atomic Desktop Light Wallet Applications. You should only use the Atomic Desktop Light Wallet Application if you are familiar with virtual currencies. We highly recommend learning the basics of the specific virtual currency that You plan on using the Atomic Desktop Light Wallet Application before running the application.
2.1.1. You Own Your Private Keys
Atomic does not store user’s private keys, backup phrases or passwords ("Private Information"). It is very important that You backup Private Information. If You lose Your Private Information then it will not be possible for Atomic to recover it for You and You may lose access to Your virtual currency tokens. If You do not understand the above paragraph then we strictly recommend that You learn more about virtual currencies before using the Atomic Desktop Light Wallet Application.
2.1.2. Transactions
The only authentic record of virtual currency transactions is the applicable virtual currency blockchain. The Atomic Desktop Light Wallet Application provides functionality that allows You to send virtual currency transfer instructions. Atomic does not guarantee that transactions You perform using the Atomic Desktop Light Wallet Application shall be stored in any virtual currency blockchain. You must ensure that Your transactions conform to the applicable rules of the virtual currency software. There may be transaction fees (e.g. mining fees) associated with Your virtual currency transactions that are required by the virtual currency system You engage with. Atomic shall not be responsible for any losses You incur due to transaction fees or losses that occur due to incorrectly set transaction fees (i.e. too low or high). Atomic does not have access to Your transactions (or anyone else's).
2.1.3. No Control Over Blockchains
Atomic is not the creator of and does not have any control over, any of the virtual currencies that the Atomic Mobile Light Wallet Application allows You to use.
2.1.4. Third Party Integrations
The Atomic Desktop Light Wallet Application contains libraries developed by third parties. Atomic may provide third-party libraries to You as part of the Atomic Desktop Light Wallet Application solution but shall not be considered to be the owner or licensor of the third party libraries. Please refer to and respect the relevant third party licenses:
Built-in Exchange is supported by Changelly and ShapeShift. The original terms of use is available at https://changelly.com/ and https://shapeshift.io/
Built-in Fixed Rate Exchange is supported by ShapeShift. The original terms of use is available at https://shapeshift.io/
All cryptocurrency rates available in the application are supported by https://coinmarketcap.com/
User's balance and actual transaction history are supported by each cryptocurrency block explorers (ex. https://btgexplorer.com/, https://etherscan.io/ and etc.)
Although the Atomic Desktop Light Wallet Application makes it easy to engage with the integrated third parties, Atomic shall not be responsible for any consequences stemming from Your use of third-party integrated services. If You require assistance with a third-party integration then You should contact the third-party.
2.2. No Control Over Blockchains
Atomic is not the creator of and does not have any control over, any of the virtual currencies that the Atomic Exchange allows You to use.
2.3. Atomic Cryptocurrency Purchase
Atomic is planning to release cryptocurrency purchase soon. Atomic cryptocurrency purchase will be provided by authorized Atomic partner.
3. User Obligations
You shall:
be of the age of majority in Your local jurisdiction; and,
be responsible for Your own virtual currency tokens; and,
backup/write down Your "private key" and keep it private; and,
carefully guard Your private keys in case of usage Atomic Desktop Light Wallet Applications and,
ensure that Your device(s) are fully updated and do not contain viruses, malware or otherwise malicious software.
You shall not:
deposit virtual currency tokens into addresses for tokens that are not supported by the Atomic Desktop Light Wallet Application; or,
use Atomic in a manner likely to infer with other Atomic users or virtual currency nodes (e.g. excessive API calls or network spam); or,
use Atomic in a manner contrary to Your local laws.
4. Limited Intellectual Property License
This agreement licenses Atomic services to You on a personal, non-exclusive, royalty-free, non-transferable, worldwide-basis, for the purpose of managing virtual currencies. You are not permitted to re-distribute any of Atomic services, modify any code or use any Atomic content, including images and text, as part of any other software or project of any kind. For partnership inquiries please contact us through hello@atomicwallet.io
5. Specifically Disclaimed Risks
Using virtual currency software necessarily entails many risks. Atomic specifically disclaims and shall have no liability to You for the following risks:
operating system failures (mobile or desktop); and,
interactions between Your hardware, software, and the Atomic; and,
cloud backup software (e.g. certain Android distributions) may upload your private information to third party services; and,
malware, viruses or other malicious software on Your device that is able to take control of or interfere with Atomic; and,
communication delays between Your Atomic Desktop Light Wallet Application and a node or relay service for a virtual currency (and vice versa); and,
failure to achieve a certain market value/price for a virtual currency token, whether through a third-party service or any other kind of transaction; and, theft of virtual currency tokens.
6. No Warranty
Atomic is provided to You at no cost, "as-is " and without any warranty whatsoever, to the maximum extent permissible by law. Without limiting the generality of the foregoing, Atomic does not warrant that Atomic is fit for Your purpose, even if You have previously provided notice of Your intended purpose, and does not warrant that Atomic will operate in a bug-free manner.
7. Limitation of Liability
Atomic's liability to You shall not, under any circumstances, exceed the greater of:
the US dollar value of 0.1 bitcoins;
or USD 50.
8. Indemnity
You agree to indemnify Atomic against any claims, damages, losses or legal fees incurred due to Your use (or misuse) of Atomic.
9. Non-Waiver
No action or inaction on the part of Atomic shall be considered a waiver of any right or obligation by Atomic.
10. Amendment
This agreement may be amended by Atomic by providing You with 30 days notice of any proposed change. If You do not agree to the amended terms then Your sole remedy shall be to cease using Atomic.
11. Assignment
You may not assign this agreement. Atomic may assign this agreement to 11 days notice.
12. Entire Agreement
This is the entire agreement between the parties and supersedes any other agreement, representations (or misrepresentations),or understanding, however, communicated.