Portkey Terms of ServiceLast Updated: August 16, 2023.

Dear Users,Thank you for choosing Portkey. This Portkey Terms of Service ("Agreement") is made between you ("you" or "User") and Portkey ("we" or "Portkey") and is legally binding between you and Portkey.Portkey hereby reminds you that you must carefully read the full content of this Agreement and other documents mentioned in this Agreement before using Portkey (Portkey extension or Portkey App). Particularly, you must carefully read the section "Disclaimer and Limitation of Liability" and other sections which are displayed in bold. You must make sure that you fully understand the whole Agreement and evaluate the risks of using Portkey on your own.I. Confirmation and Acceptance of this Agreement1. You understand that this Agreement and other relevant documents apply to Portkey and the Decentralized Applications ("DApps") which are developed and owned independently by Portkey team on Portkey(and excluding DApps developed by third parties).2. After you download Portkey and sign up or log in, you are deemed as having read and accepted this Agreement, which shall cause this Agreement to become effective and legally binding on both you and Portkey immediately.3. Portkey may, at its sole discretion, modify or replace this Agreement at any time. The modified Agreement will automatically take effect once it is posted on Portkey and you will not be notified. If you do not agree with the modifications, you should cease to use Portkey immediately. Use of Portkey by you after any modification to this Agreement constitutes your acceptance of this Agreement as modified.4. If you are under 18 years old or you are a person of no capacity for civil acts or a person of limited capacity for civil acts, please use Portkey under the guidance of your parents or guardians.II. Definition1. Portkey:means the DID (decentralized identifier) solution developed by Portkey team based on blockchain systems which Portkey support or may support in the future and other supporting tools which are developed for the convenience of the Users when using blockchain systems.2. User:a) a User must be a natural person who possesses full capacity for civil acts;b) if you are under 18 years old, please use Portkey under the guidance of your parents or guardians. If any person of no capacity for civil acts conducts any transactions on Portkey or any person of limited capacity for civil acts conducts any transaction which is not commensurate his/her civil rights or act capacity, the parents or guardians of the User shall be liable for the consequences of such transactions.3. PIN:means the pin you set to safeguard your assets when you sign up or log in. Portkey, as a decentralized application, will not store your PIN on our servers, nor will it be stored on your own mobile devices. If you lose or forget your PIN, Portkey will not be able to restore it for you.4. Alert:means the messages displayed on Portkey’s operation interface which provides suggestions for Users on subsequent operations.5. Specific Users:means Users who should cooperate with Portkey and disclose Personal Information in order to comply with the laws, regulations and policies of his/her country of nationality and/or country of residence.6. Tokens:means the tokens which are supported by Portkey currently. 7. Personal Information:means information recorded in electronic or any other form which may identify a natural person when used alone or in combination with other information, including but not limited to name, date of birth, identity number, personal biological identification information, address, telephone number, bank card number, e-mail address, wallet address, mobile device information, operation record, and transaction record. III. Services1. Sign up/ log in:You may obtain a decentralized digital identity by signing up to Portkey. You may log in to existing identities through social recovery. 2. Transfer and receive Tokens.You may manage your digital Tokens by using the transfer and reception functionalities of Portkey. Transfer of Tokens means the payer transfers the Token to the blockchain address of the payee. The actual transfer of Tokens happens on the blockchain system (instead of on Portkey).3. Manage Tokens.You may use Portkey to add, manage or delete the Tokens supported by Portkey.4. Browse DApps.Users may use Portkey to visit and use the services provided by DApps (including DApps developed by Portkey team and DApps developed by third parties).5. Transaction records.We will copy all or part of your transaction records from the blockchain system. However, Users shall refer to the blockchain system for the latest transaction records.6. Suspension of services.You understand that we are not able to reverse or cancel the transaction because transactions based on blockchain technologies are irrevocable. However, under certain circumstances, we may suspend or limit the functions of Portkey used by a particular User.7. Other services that Portkey would like to provide.Users who use Portkey must understand that:1. In order to keep the decentralization feature of blockchain and to protect the security of your digital Tokens, Portkey offers decentralized service which is largely different from the banking and financial institutions. Users shall understand that Portkey DOES NOT provide the following services:a) store Users' Portkey PIN;b) freeze Portkey;c) report the loss of Portkey;d) restore Portkey;e) rollback transactions.2. Users shall take care of their devices, back up the Portkey extension or Portkey App, and back up Portkey PINs. If your mobile device is lost, your Portkey is deleted or stolen, or you forget your PIN, you can regain access to your assets through social recovery. This is the only way to recover your assets and Portkey is not able to recover users' identities or cancel transactions mishandled by Users (such as typing in wrong addresses for transactions).3. Portkey does not support all existing Tokens. Do not use Portkey to handle any non-supported Tokens.4. Portkey is a tool for Users to manage on-chain identities and Tokens and is not an exchange or a trading platform. For the purpose of this Agreement, the word "transactions" only means transferring and receiving Tokens, which is substantially different from transactions on the exchanges and trading platforms.5. The DApps integrated into Portkey include those developed independently by Portkey team and those developed by third parties. Portkey only acts as a blockchain browser for those third-party-developed DApps. Users shall, at their sole discretion, decide whether there would be any risks to accept the services provided by or to conduct transactions on the third-party-developed DApps.IV. Your Rights and Obligations1. Sign up or log in to Portkeya) You can sign up for a Portkey account via email, phone number, or other centralized social media account. You can set a PIN, verify your identity through Portkey DID, and send or receive on-chain assets.b) You can log in to Portkey via email, phone number, or other centralized social media account, and recover your account with the guardians' approval. You can set a PIN, verify your identity through Portkey DID, and send or receive on-chain assets.c) You can log in to Portkey by scanning QR codes with your logged-in devices.d) Specific Users will be asked to complete identification before using Portkey to comply with related laws and regulations, according to the notification of Portkey. Specific Users may be asked to provide Personal Information including but not limited to name, identity number, cell phone number, bank card information, etc., without which the Specific Users will not be able to use certain services and the Specific Users alone shall be responsible for the loss caused by their delay in completing the verification.e) Portkey team may develop different versions of Portkey for different terminal devices. You shall download and install the applicable version. If you download and install Portkey or other application with the same name as "Portkey" from any unauthorized third party, Portkey cannot guarantee the normal operation or security of such application. Any loss caused by using such application shall be borne by you.f) A previous version of Portkey may stop to operate after a new version is released. Portkey cannot guarantee the security, continuous operation or customer services for the previous version. Users shall download and use the latest version.2. Use of Portkeya) Users shall manually add and manage the guardians they trust. If your Portkey is lost, stolen, or attacked, you can recover your assets and accounts through social recovery.b) Follow the Alert. You understand and agree to follow the Alert pushed by Portkey. You shall be responsible for any risks, liabilities, losses and expenses which result from your failure to comply with the Alert.c) You understand that Portkey undertakes no responsibility to conduct due diligence on the services or transactions provided by third-party-developed DApps. You shall make investment decisions rationally and assume the risks by yourself.d) Complete the identity verification. If Portkey reasonably deems your operation or transactions to be abnormal, or considers your identification to be doubtful, or Portkey considers it necessary to verify your identification documents or other necessary documents, you shall cooperate with Portkey and provide your valid identification documents or other necessary documents and complete the identification verification in time.e) Transfer of Tokensi. You understand that you may be subject to daily limits on the amount and times of transfers according to your location, regulatory requirements, transferring purposes, risk control by Portkey, or identification verification.ii. You understand that blockchain operations are "irrevocable". When you use Portkey to transfer Tokens, you shall be responsible for the consequences of your mishandling of the transfer (including but not limited to wrong address, problems of the node servers selected by you).iii. You understand that the following reasons may result in "transfer failed".§ insufficient balance in wallet;§ insufficient fees for transaction;§ blockchain’s failure to execute the code of smart contracts;§ the transfer amount exceeds the transfer limits imposed by authorities, Portkey or laws or regulations;§ technical failure of the network or equipment;§ abandoned transactions result from blockchain network congestion or failure;§ the wallet address of yours or your counterparty’s is identified as special addresses, such as high-risk address, exchange address, ICO address, Token address etc.iv. You understand that Portkey is only a tool for transfer of Tokens. Portkey shall be deemed to have fulfilled its obligations once you have finished the transfer and shall not be held liable for any other disputes.f) Compliance. You understand that you shall abide by laws, regulations and policies of your country of nationality and/or country of residence when you use Portkey or the DApps on Portkey.g) Notifications. Portkey may send notifications to you by web announcements, e-mails, text messages, phone calls, Notification Centre information, popup tips or client-end notices (e.g., information about your transfer or suggestions on certain operations) which you shall be aware of timely.h) Fees and taxes.i. You need to pay transaction fees charged by the blockchain network(s) when you transfer Tokens.ii. You understand that under some specific circumstances, your transfer of Tokens may fail due to an unstable network, but you may still be charged transaction fees by the blockchain network(s).iii. You shall bear all the applicable taxes and other expenses occurred due to your transactions on Portkey.V. Risks1. You understand and acknowledge that the blockchain technology is a field of innovation where the laws and regulations are not fully established. You may be faced with material risks including instability of technology or failure of Tokens redemption. You also understand that Tokens have much higher volatility comparing to other financial assets. You shall make investment decisions and hold or dispose of the Tokens in a reasonable way and corresponding to your financial status and risk preferences. You also acknowledge that the market information is captured from exchanges by Portkey and may not represent the latest or the best quotation of each Token.2. If you or your counterparty fails to comply with this Agreement or fails to follow the instructions, tips or rules on the website or on the page of the transaction or payment, Portkey does not guarantee successful transfer of the Tokens and Portkey shall not be held liable for any of the consequences of such failure. If you or your counterparty has already received the payment in Portkey or third-party wallet, you understand that transactions on blockchain are irreversible and irrevocable. You and your counterparty shall assume the liabilities and consequences of your transactions.3. When you use third-party-developed DApps integrated in Portkey, Portkey strongly suggest you read this Agreement and Portkey’s Alert carefully, get familiar with the counterparty and the product information and evaluate the risks before you make transactions on such DApps. You understand that such transactions and corresponding contractual relationship are between you and your counterparty. Portkey shall not be held liable for any risks, responsibilities, losses or expenses occurred due to such transactions.4. It is your sole responsibility to make sure that your counterparty is a person with full capacity for civil acts and decide whether you shall transact with him/her.5. You shall check the official blockchain system or other blockchain tools when you receive Alert such as "transaction failed" in order to avoid repetitive transfer. If you fail to follow this instruction, you shall bear the losses and expenses occurred due to such repetitive transfer.6. In order to avoid potential security risks, we suggest you use Portkey in a secured network environment. Please do not use a jailbreak or Rooted mobile device.7. Please be alert to frauds when you use Portkey. If you find any suspicious conducts, we encourage you to inform us immediately.VI. Change, Suspension, Termination of Portkey Services1. You acknowledge and accept that Portkey may, at its sole discretion, provide only a part of services for the time being, suspend certain services or provide new services in the future. When we change our services, your continuous use of Portkey is deemed as your acceptance of this Agreement and revisions of this Agreement.2. You understand that Portkey may suspend services under the following circumstances:a) due to the maintenance, upgrading, failure of equipment and blockchain system and the interruption of communications etc., which lead to the suspension of the operation of Portkey;b) due to force majeure events including but not limited to typhoons, earthquakes, tsunamis, floods, power outages, wars, terrorist attacks, computer viruses, Trojan Horse, hacker attacks, system instability, government behaviors, and other reasons, Portkey is unable to provide services or in Portkey’s reasonable opinion, continuous provision of services would result in significant risks;c) due to other events which Portkey cannot control or reasonably predicate.3. Portkey reserves the right to unilaterally suspend or terminate all or part of the functions of Portkey under the following circumstances:a) death of Users;b) if you steal others’ wallets information or mobile devices;c) if you refuse to allow mandatory update of Portkey;d) if you use Portkey to commit illegal or criminal activities;e) if you hinder the normal use of Portkey by other Users;f) if you pretend to be staff or management personnel of Portkey team;g) if you threaten the normal operation of Portkey computer system by attack, invasion, alternation or any other means;h) if you use Portkey to send spam;i) if you spread rumors which endanger the goodwill of Portkey team and Portkey;j) if you conduct any illegal activities, breach this Agreement etc. or other circumstances under which Portkey reasonably considers necessary to suspend services.4. You are entitled to export your wallets within a reasonable amount of time if Portkey changes, suspends or terminates its services.VII. Your Representations and Warranties1. You shall comply with all applicable laws, regulations and policies of your country of nationality and/or country of residence. You shall not use Portkey for any unlawful purposes or by any unlawful means.2. You shall not use Portkey to commit any illegal or unlawful activities, including but not limited to:a) any illegal conducts, such as money laundering, illegal fund raising etc.;b) accessing Portkey services, collecting or processing the content provided by Portkey, intervening or attempting to intervene any Users, by the employment of any automated programs, software, network engines, web crawlers, web analytics tools, data mining tools or similar tools etc.;c) providing gambling information or inducing others to engage in gambling;d) invading into others’ Portkey to steal Tokens;e) engaging in any inaccurate or false transactions with the counterparty;f) committing any activities which harm or attempt to harm Portkey service system and data;g) other activities which Portkey has reason to believe are inappropriate.3. You understand and accept that you shall be responsible for any violation of law (including but not limited to the regulations of the Customs and Tax) or for breach of this Agreement by you and shall indemnify Portkey against the losses, the third-party claims or administrative penalties against Portkey incurred by such violation or breach, including reasonable attorney’s fees.4. You confirm that you will pay the service fees charged by Portkey in time (if applicable). Portkey reserves the right to suspend the services when the User fails to pay service fees (if applicable).VIII. Disclaimer and Limitation of Liability1. Portkey only undertakes obligations expressly set forth in this Agreement.2. YOU ACKNOWLEDGE AND ACCEPT THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS OF YOUR COUNTRY OF NATIONALITY AND/OR COUNTRY OF RESIDENCE, Portkey IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. Portkey shall not be held liable for malfunction of Portkey which results from the following reasons:a) system maintenance or upgrading of Portkey;b) force majeure, such as typhoon, earthquake, flood, lightning or terrorist attack etc.;c) malfunction of your device hardware and software, and failure of telecommunication lines and power supply lines;d) your improper, unauthorized or unrecognized use of Portkey services;e) computer viruses, Trojan Horse, malicious program attacks, network congestion, system instability, system or equipment failure, telecommunication failure, power failure, banking issues, government acts etc.;f) any other reasons not imputed to Portkey.3. Portkey shall not be held liable under the following circumstances:a) Users disclose their PINs or lend or transfer their Portkey to others, or authorize others to use their mobile devices or Portkey, or download Portkey extension/ application through unofficial channels, or use Portkey by other insecure means, which results in the loss of their Tokens;b) Users mishandle Portkey (including but not limited to wrong address, failure of the node servers selected by you), which result in the loss of Tokens;c) Users are unfamiliar with the knowledge of blockchain and their mishandling of Portkey results in loss of their Tokens;d) Portkey is unable to copy accurate transaction records due to system delay or blockchain instability etc.;e) Users shall undertake the risks and consequences of their transactions on the third-party-developed DApps.4. Please consider the following risk factors (many of which are specific and inherent to cryptographic tokens) before using any part of our Wallet/website/platform and before purchasing and/or trading ELF cryptographic tokens or any other cryptographic token which we (or any third-party service provider accessed through Portkey) may offer through our Wallet/website/platform from time to time (“ tokens”). The value of the tokens as well as your ability to access and transfer the tokens could be materially and adversely affected if any of these risk factors materialize.Please also note that this Risk Disclaimer is not exhaustive. You should carry out further research (and seek professional advice) to carefully determine whether purchasing and/or trading tokens is suitable for your particular financial situation and risk tolerance.Subject to any provision to the contrary set out in this disclaimer or our terms of Services, Portkey shall not be liable for any loss incurred by you resulting from your access to our platform or from your purchase, transfer or use of tokens.Tokens are high-risk assets and you should never use funds that you cannot afford to lose to purchase tokens.4.1 Price volatilityThe price of tokens can be subject to dramatic fluctuations and high volatility due to the rapid shifts in offer and demand resulting from events such as but not limited to: (a) good or bad publicity, (b) changes in the financial technology industry, (c) technological advancement, (d) market trends, (e) general economic and/or political conditions, (f) degree of adoption, (g) degree of institutional support, (h) regulatory measures, (i) degree of government support, (l) market dynamics, (m) trading activities, (n) hacking, and (o) events affecting large service providers, including exchanges.AS A RESULT OF PRICE VOLATILITY, YOUR TOKENS MAY LOSE ALL VALUE AND BECOME WORTHLESS. PORTKEY SHALL NOT BE RESPONSIBLE FOR ANY LOSS INCURRED BY YOU AS A RESULT OF THE INHERENT PRICE-VOLATILITY OF TOKENS.4.2 ProtocolsTokens are recorded on distributed ledgers (typically shared across networks of users) which are governed by, subject to, and distinguished on the basis of certain set of rules and/or smart contracts known as protocols.◦ Malfunction, breakdown and/or abandonment of protocolsAny malfunction, breakdown, and/or abandonment of the protocols (and of any consensus mechanism, where applicable) on which the tokens are based could severely affect the price of the tokens as well as your ability to dispose of them (particularly where the protocol relies on substantial participation and wide networks to operate properly).◦ Validator attacksSome protocols integrate consensus-based mechanisms for the validation of transfers (“Consensus Protocols”). Consensus Protocols are, therefore, susceptible to attacks at the stage of validation, where token transactions are approved by the network. This may affect the accuracy of transactions and in your tokens being misappropriated (for example, through what is typically referred to as double spending attacks).◦ Hacking and security weaknessesTokens may be subject to expropriation and/or theft. Bad actors (including hackers, groups and organizations) may attempt to interfere with the protocols or the tokens in a variety of ways, including, but not limited to, malware attacks, denial of service attacks, consensus-based attacks, sybil attacks, smurfing and spoofing.Furthermore, some protocols are based on open-source software and, as a result, subject to the risk of weakness being introduced to the protocols (either willingly or accidentally) at the development stage. Any such weakness may be exploited by bad actors for the purposes of misappropriating your tokens, or otherwise affecting the functionality of the protocol and of your ability to dispose of your tokens.PORTKEY DOES NOT HAVE CONTROL OVER THE PROTOCOLS. AS SUCH, PORTKEY SHALL NOT BE RESPONSIBLE FOR ANY LOSS ARISING OUT OF OR IN CONNECTION WITH THE PROTOCOLS.4.3 Laws and regulationsThe legal and/or regulatory framework surrounding tokens and distributed ledger technology is uncertain, not harmonized, and unsettled in many jurisdictions.It is difficult to predict what framework will become applicable to tokens in the near future and how the implementation of dedicated legal and/or regulatory frameworks will affect the price of tokens. A newly introduced legal and regulatory framework may interfere with or otherwise limit your ability to hold or dispose of your tokens, which in turn could result in a financial loss on your part.PORTKEY IS NOT RESPONSIBLE FOR ANY LOSS WHICH YOU MAY SUFFER AS A RESULT OF ANY NEWLY INTRODUCED LEGAL AND/OR REGULATORY FRAMEWORK.4.4 TaxationThe tax characterization of tokens is complex and largely uncertain. The uncertainty in the tax treatment of tokens may expose you to unforeseen future tax consequences associated with purchasing, owning, selling or otherwise using tokens. You should seek tax advice to understand what tax obligations apply to you when purchasing, holding, transferring, and utilizing tokens. Failure to comply with your tax obligations could result in severe fines and even jail time.PORTKEY IS NOT RESPONSIBLE FOR ANY LOSS OR OTHER FORM OF LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR FAILURE TO COMPLY WITH ANY TAX LIABILITY THAT IS OR WILL BE APPLICABLE TO YOU.4.5 Unanticipated risksIn addition to the risks included in this Agreement, there are other risks associated with your purchase, holding, trading, and use of tokens, some of which Portkey cannot anticipate. Such risks may further materialize as unanticipated variations or combinations of the risks discussed in this section.THIS RISK DISCLAIMER IS NOT EXHAUSTIVE AND SHALL NOT BE TAKEN TO ENCOMPASS ALL RISKS INVOLVED IN THE PURCHASE, HOLDING, TRADING AND USE OF TOKENS. PORTKEY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS SUFFERED BY YOU AS A RESULT OF UNANTICIPATED RISKS.5. You understand that Portkey is a tool to manage on-chain identities and Tokens and it is incapable of controlling the quality, security and legitimacy of products and services provided by the third-party-developed DApps, or the authenticity and accuracy of their information and their capabilities to fulfill the obligations under the agreements with you. You, at your sole discretion, decide whether to transact on the third-party-developed DApps. It is the third-party-developed DApps, instead of Portkey, that transact with you. Portkey kindly remind you to carefully review the authenticity, legitimacy, and effectiveness of related information provided by the third-party-developed DApps before you decide to use the DApps. In addition, you shall also assume all the risks arising from the transactions between you and any third-party exchanges.6. You acknowledge that Portkey may provide services to you and your counterparties simultaneously and you agree to waive any actual or potential conflicts of interest and will not claim against Portkey on such base or burden Portkey with more responsibilities or duty of care.7. Portkey does not warrant that:a) services provided by Portkey would satisfy all your needs;b) all techniques, products, services, information or other materials from Portkey would meet your expectations;c) all the transaction information in digital tokens markets captured from the third party exchanges are prompt, accurate, complete, and reliable;d) your counterparties on Portkey will perform their obligations in the transaction agreements with you timely.8. In any case, the total liability for Portkey under this Agreement shall not exceed the greater of:a) USD value of 0.05 Ether; orb) $80 USD.9. You are aware that Portkey is only a tool for Users to manage their Tokens and to display transaction information. Portkey does not provide legal, tax or investment advice. You shall seek advice from professional legal, tax, and investment advisors. In addition, Portkey shall not be liable for any investment loss, data loss etc. during your use of our service.10. You understand that we may change our entry standards, limit the range and ways to provide services for specific Users, etc. at any time in accordance with laws, regulations and policies of your country of nationality and/or country of residence. IX. Entire Agreement1. This Agreement incorporates Portkey Terms of Service and other rules which might be modified and updated on Portkey extension, App or website.2. If any provision of this Agreement is found by a court with competent jurisdiction to be invalid, the other provisions of this Agreement remain in full force and effect.X. Intellectual Property Rights Protection1. Portkey is an application developed and owned by Portkey team. The intellectual property rights of any contents displayed in Portkey (including this Agreement, announcements, articles, videos, audios, images, archives, information, materials, trademarks or logos) are owned by Portkey or the third party licensors. Users can only use Portkey and its contents for the purpose of holding and managing their Tokens. In particular, without prior written consent from Portkey team or the third party licensors, no one shall use, modify, decompile, reproduce, publicly disseminate, alter, distribute, issue or publicly publish the abovementioned applications and contents.XI. Governing Law and Dispute Resolution1. The validity, interpretation, alternation, enforcement, dispute resolution of this Agreement and its revised versions shall be governed and construed in accordance with laws, regulations and policies of your country of nationality and/or country of residence. Where there is no applicable law, this Agreement shall be interpreted by applicable commercial and/or industrial practices.2. If any dispute or claim in connection with this Agreement arises between you and Portkey, the parties shall first attempt to resolve the dispute or claim through amicable negotiations in good faith. If the parties cannot reach an agreement, either party may sue the other party at the competent court where Portkey is located.XII. Miscellaneous1. During your use of Portkey services, if you come across any problems, you can contact us through the submission of your feedbacks on Portkey.2. This Agreement is accessible for all Users on Portkey. We encourage you to read this Agreement each time you log onto Portkey.3. This Agreement shall become effective on August 16, 2023.As for any issues not covered in this Agreement, you shall comply with the announcements and relevant rules as updated by Portkey from time to time.Portkey Team