Terms & Conditions
Thanks for choosing to download and use the WatermelonBlock app (hereinafter referred to as the “app”), built by WatermelonBlock Pte. Ltd. (hereinafter referred to as “WatermelonBlock”, “we”, “us”, “our”) as a commercial app. The services provided by us in the app (the “Services”) is intended for use as is.
By downloading or using the app, you are entering into a binding contract with us and these terms and conditions and any additional terms that we may add from time to time (hereinafter referred to as the “Terms & Conditions”) will automatically apply to you – you should therefore make sure that you read them carefully before using the app. You acknowledge that you have read and understood the Terms & Conditions, accept these Terms & Conditions, and agree to be bound by them. If you do not agree with (or cannot comply with) these Terms & Conditions, then you may not use the app or any of the Services.
In order to use our Services and access the app, you need to have the power to enter into a binding contract with us in accordance with the laws of your country and not be barred from doing so under any applicable laws.
2. Changes to these Terms & Conditions
We may update our Terms & Conditions from time to time. When we make material changes to the Terms & Conditions, we will provide you with notice as may be appropriate under the circumstances. In some cases, we will notify you in advance, and your continued use of the Services in the app after the changes have been made will constitute your acceptance of the changes. Thus, you are advised to read any such notices carefully.
3. Intellectual Property Rights
You acknowledge and agree that we own all the content on the app and any and all intellectual property rights used or embodied in or in connection with the app, including software relating thereto, and you shall not do or permit any act which is directly or indirectly likely to prejudice those rights, title or interest of the said rightful owners in and to any of the aforesaid, including without limitation:
a) You’re not allowed to copy, redistribute, reproduce, modify or make available to the public any part of the Service or content in the app, or otherwise make any use of the Service or the content in the app which is not expressly permitted under the Terms & Conditions or applicable law or which otherwise infringes the intellectual property rights in the Service or the content in the app or any part of it;
b) You’re not allowed to attempt to extract the source code of the app;
c) You also shouldn’t try to translate the app into other languages, reverse-engineer, decompile, disassemble, or make derivative versions otherwise;
d) You’re not allowed to sell, or sublicense any part of the Services or the content in the app.
4. Our Services and Payment for Selected Services
WatermelonBlock makes cryptocurrency investment and trading simple enough to fit into your lifestyle. Certain Services are provided to you free-of-charge. Other Services require payment before you can access them.
We are committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for any additional Services, at any time and for any reason. We will never charge you for the app or the Services provided under the app without making it very clear to you exactly what you’re paying for.
Paid Services can be purchased using our WatermelonBlock Tokens (WMB). If you change your mind for any or no reason and decide not to purchase any of our paid Services at any time, or if WatermelonBlock terminates these Terms & Conditions with you, do note that to the extent permitted under applicable law, any and all WatermelonBlock Tokens (WMB) that you may still have in your e-wallet at the time of termination will not be refundable, whether in the form of fiat currency or other cryptocurrency
You acknowledge that as the WatermelonBlock Tokens (WMB) will be the mode of payment for the Services, the value of the WatermelonBlock Tokens (WMB) , as with other crypto tokens, may fluctuate significantly and become reduced in value for a variety of reasons, including but not limited to, supply and demand, overall crypto tokens’ market conditions, political or geographical reasons, changes in regulations in any jurisdiction, or other technical reasons, and you agree that WatermelonBlock will in no way be liable for any fluctuations in values of the WatermelonBlock Tokens (WMB) which may cause the value of your WatermelonBlock Tokens (WMB) to be of a lower value than that at the time the WatermelonBlock Tokens (WMB) was purchased by you.
We will make reasonable efforts to keep our Services and the app operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, we reserve the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features in the app, with or without notice to you, all without liability to you, except where prohibited by applicable law, for any interruption, modification, or discontinuation of the Services or any function or feature contained in the app.
5. Your Obligations
You agree that in using the app, you will:
a) Provide us with true, accurate, complete and up-to-date information that we may so request from you in order to provide our Service in the app.
b) keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the app won’t work properly or at all;
c) Not use any device, software or routine, including but not limited to any viruses, trojan horses, worms or bots intended to damage or interfere with the proper working of the app and/or to expropriate any content or personal data from the app;
d) Not share with or permit others to use your account, account information or password for your account;
e) Not assign or otherwise transfer your account to any other person or entity;
f) Provide true, accurate, complete, and up-to-date information that is requested of you from time to time;
g) Promptly update any information about you that you have provided to us to ensure that such information is true, accurate, complete and up-to-date;
h) Responsibly maintain the confidentiality of your account details, including any passwords that may be used to access your account. You must promptly notify us in writing at firstname.lastname@example.org if you know or suspect that your account has been compromised by a third party;
i) Not use the WatermelonBlock Tokens (WMB) purchased for any illegal activities, including but not limited to money laundering and the financing of terrorism.
Without prejudice to the foregoing, you shall be solely liable and responsible for any activity conducted through your account or using your account information, unless you had previously reported any misuse or compromise of your account to us in accordance with this Section 5. You agree that WatermelonBlock shall not be held liable in any way whatsoever for any losses or damage that you may suffer arising from any unauthorized use of your account by a third party.
You agree that WatermelonBlock shall be under no obligation to investigate the authenticity of any activity conducted through your account to verify the authenticity of the user operating that account.
6. Exclusion of Liability
You should be aware that there are certain things that WatermelonBlock will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but WatermelonBlock cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi or data, and /or you don’t have any of your data allowance left.
If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.
Along the same lines, WatermelonBlock cannot take responsibility for the way you use the app.You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, WatermelonBlock will not be responsible for any losses that you may incur arising from such failure to avail yourself of the Service.
With respect to WatermelonBlock’s responsibility for your use of the app, when you’re using the app, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. WatermelonBlock accepts no liability for any loss, direct or indirect, you may suffer or incur as a result of relying on the information provided in the app by us. You have the duty to verify and seek professional advice for any cryptocurrency investments made by you that are not executed by our artificial intelligence. .
At some point, we may wish to update the app. The app is currently available on Android and iOS – the requirements for both systems (and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. WatermelonBlock does not promise that it will always update the app so that it is relevant to you and/or works with the iOS/Android version that you have installed on your device, and excludes all liability arising therefrom. However, you promise to always accept updates to the app when offered to you.
Without prejudice to the foregoing, and to the maximum extent permitted by law, Watermelon or any of its directors, officers, employees, agents, affiliates, subsidiaries, contractors, suppliers, successors or assigns, shall in no event be liable to you whether based on contract, tort, strict liability or otherwise for any direct, indirect, punitive, incidental, special, consequential damages, losses, expenses, liabilities under any causes of action or any damages whatsoever, including without limitation, damages for loss of data, loss of opportunity, loss of goodwill, loss of profits (whether revenue or anticipated profits), loss of savings, loss of business, or any other losses to third parties, arising out of or in connection with:
a) The accuracy, completeness, or legality of information provided by third parties that we use to provide the Services to you;
b) Any access, use or inability to access or use the app that is not a direct result of any act or omission on our part;
c) Any act or omission that you are responsible for which contributed to any loss, damage or liability suffered by you; and/or
d) Any losses suffered by you from any trade made under your account upon reliance on the Services provided by us through the app,
e) The security, reliability, timeliness and performance of the app
f) The loss of your WatermelonBlock Tokens (WMB) after it has been transferred to your account by reason of your failure to maintain or backup an accurate record of your password or the password cracking by any unauthorized third party due to the lack of maintenance of your password,
We do not execute trades on your behalf and are not responsible for ensuring that any or all trades made by you after reliance on the Services will be profitable. You are to rely solely on your own knowledge, judgment and assessment when using the Services. In the event that our additional Services include the execution of trades through the use of artificial intelligence software, we shall not be responsible for the outcome of any trades made under your account, whether by you or whether by our artificial intelligence software. We therefore specifically disclaim any liability arising in connection therewith to any of the aforesaid.
WatermelonBlock’s business model and product suite offered to you under the app may change or need to be modified from time to time because of regulatory and compliance requirements under any applicable laws in any jurisdiction. In such a case, you acknowledge that WatermelonBlock will not be held liable for any direct or indirect loss or damages caused by such change.
To the fullest extent permitted by applicable law, you agree to unconditionally and irrevocably indemnify WatermelonBlock against:
a) All liabilities, costs, expenses, damages and direct losses;
b) Loss of profit;
c) Any indirect or consequential loss,
suffered or incurred by WatermelonBlock arising out of or in connection with:
I. your use or misuse of the app;
II. your breach of these Terms;
III. your violation of any law or the rights of a third party in connection with your use of the app.
8. User-Generated Content
You may post or contribute content to the Service (which may include, for example, messages, creation of keywords, creating your own personalized portfolio, and/or other types of content (“User Content”)). For the avoidance of doubt, “User Content” includes any content posted to our 24/7 customer support.
In respect of any User Content that you may post on the app, you undertake that you have the right to post such User Content and such User Content shall not violate any of these Terms or applicable laws, and shall not be slanderous, abusive, threatening, or will otherwise violate the legal rights of others. You acknowledge that you are solely responsible for the accuracy or otherwise of all User Content that you post on the app. We are not responsible for any User Content.
We reserve the right to remove any User Content that violates any of these Terms or applicable laws. We may take this action without prior notification to you. Such removal of User Content shall be at our sole discretion.
9. Electronic Communications
When you send communications to us via the app, you are communicating with us electronically. You also agree to receive electronically any communications related to your use of any Services provided by us. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us.
10. Term and Termination
These Terms & Conditions will continue to apply to you until terminated immediately by either:
a) you at any time; or
b) WatermelonBlock at any time, for any reason or for no reason, including but not limited to the event of your unauthorized use of the Services or non-compliance with these Terms & Conditions,
whichever is the earlier.
In the circumstances where WatermelonBlock terminates these Terms & Conditions, WatermelonBlock may do so without providing any notice or assigning any reason, and you agree that WatermelonBlock shall have the right at its sole discretion to terminate your access to all or any part of the Services and/or the app immediately as at the date of termination.
In the event of termination by WatermelonBlock of these Terms & Conditions, you agree that WatermelonBlock shall have no liability or responsibility to you for any losses that you may incur or suffer from the termination of your access to all or any part of the Services and/or the app, and WatermelonBlock shall not, to the extent permitted by law, be liable to refund any amount that you have already paid to us for the Services and/or access to the app (whether in the form of fiat currency or cryptocurrency), except where expressly provided under these Terms & Conditions.
Sections 3, 6, 7, 12 and 16 of these Terms & Conditions shall survive the termination of these Terms & Conditions.
11. Warranties and Disclaimers
The purchase and trading of WatermelonBlock Tokens (WMB) carry with it significant risks as the regulation of crypto tokens, crypto exchanges and blockchain technology is currently rapidly evolving and varies from jurisdiction to jurisdiction. You should carefully consider the attendant risks and costs prior to purchasing and trading the WatermelonBlock Tokens (WMB). If necessary, you should obtain your own independent advice in this regard. If you are not in the position to accept nor understand the risks associated with the trading of cryptocurrency, you should not use the Services and/or the app until you have received independent advice.
You agree that in using the app, you are accepting our Services on an “as is” and “as available” basis, without any express or implied warranty or condition of any kind. You use the Services at your own choice and any risks that you may assume or any losses that you incur from trades that are made under your account shall be borne solely by you. To the fullest extent permitted by applicable law, Watermelonblock makes no representations and disclaims any warranties or conditions of satisfactory quality, merchantability, fitness for a particular purpose as regards the app or the provision of the Services.
In addition, WatermelonBlock makes no representation nor does it warrant, guarantee or assume responsibility for the accuracy or verification of authenticity of any third party content that WatermelonBlock uses in the provision of its Services to you.
You further warrant and represent to us that by using the Services and the app, you have a good understanding of the operation, functionality, usage, storage, transmission mechanisms and other material characteristics of cryptocurrencies, including but not limited to blockchain-based software systems, cryptocurrency wallets or other related token mechanisms, blockchain technology, and other technology in relation to crypto tokens.
As with any purchase of any service, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing that you may obtain from WatermelonBlock shall create any warranty on behalf of WatermelonBlock in this regard.
Some aspects of this Section 11 may not apply in some jurisdictions if prohibited by applicable law.
12. Limitation in Liability of WatermelonBlock
You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any dissatisfaction that you may have toward our Services and the app is to uninstall the app and to stop using our Services.
In the event that you may be entitled to further remedies under applicable laws, then to the extent permitted by applicable law, WatermelonBlock’s total liability to you shall not exceed USD$2,000.
Nothing in this Section 12 shall limit any liability which cannot legally be limited under applicable laws.
13. Links to Third Party Sites
Nothing in or on the app shall be considered an endorsement, representation or warranty of or by us with respect to any third party or any third party’s website, content, products, services or otherwise. Such links (if any) are provided solely for the purposes of enabling us to provide Services to you. You use such links to access third party content and websites at your own risk.
14. Governing Law
Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, the Terms & Conditions shall be governed in accordance with the laws of the state or country listed below and the corresponding jurisdiction of the courts listed below:
15. Entire Agreement
Other than as stated in this Section 15 or as expressly agreed between you and Watermelon in writing, the Terms & Conditions constitute all the terms and conditions agreed upon between you and WatermelonBlock and supersede any prior agreements in relation to the subject matter of these Terms & Conditions, whether written or oral.
You may wish to note however that other aspects of your use of our Services may be governed by additional terms not contained under these Terms & Conditions. These could for example be contained in smart contracts that may be entered into between you and WatermelonBlock or its related entity.
If any provision or part provision of these Terms & Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part provision shall be deemed deleted. Any modification to or deletion of a provision or part provision shall not affect the validity and enforceability of the rest of the Terms & Conditions.
17. No Waiver
A failure or delay by us to exercise any right or remedy provided under these Terms & Conditions or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these Terms & Conditions or by law shall prevent or restrict the further exercise of that or any other right or remedy.
Terms & Conditions shall be governed and construed in accordance with the laws of Singapore.