ChangeNOW Wallet Terms of Service

Last Reviewed and Updated: September 2024

Please, read these Terms carefully. By accepting these Terms and using our services, you agree to be legally bound by these Terms and all terms incorporated by reference. If you don’t agree with these Terms or any of its Clauses, you shall immediately cease to use our services.

1. GENERAL CONDITIONS

1.1. These Terms regulate relations pertaining to the use of the mobile applications (“Software“)

All of the services provided by NOW Wallet we identify in this document as “Services“.

NOW Wallet is an IT company that develops software for end users.

These Terms apply to access and use of the software services as well as other ancillary services (listed below) (“Service” or “Services”) provided by NOW Wallet and third party providers - partners of NOW Wallet.

1.2 The following terminology applies to these Terms:

“User”, “You” and “Your“ refers to you, the natural person (individual) accessing the website or Software, using our services and accepting these Terms.
“NOW Wallet”, “Ourselves”, “We”, and “Us” refers to the company CHN Group LLC., duly organized under the laws of Saint Vincent and the Grenadines.
“Party” refers to either you or us. For the avoidance of any doubt, the contracting Parties under these Terms are you and NOW Wallet.
“Digital Asset”, “Cryptocurrency” refer to blockchain-based software ledger data entries.
“Exchange” means the swap of a crypto asset for another or the same one crypto asset, or the conversion of a fiat currency to cryptocurrency and vice versa.
"Crypto Assets" means a type of assets that can be transferred only and exclusively using blockchain technology, including, but not limited to digital coins and digital tokens, and any other digital mediums of exchange.
“Third-party service“ means any platform or network in which crypto assets belong to you or where you are the beneficial owner of crypto assets; and this platform is maintained by a third party outside of the Services; including, but not limited to third-party accounts.
"Private Information" means User’s private keys, backup phrases or passwords.

1.3. In order to be able to use our Services you warrant and represent that you:

are at least 18 years old or of other legal age, according to the relevant jurisdiction;
you represent and warrant that you are not located in, or are not a citizen or resident of the United Kingdom, the United States of America, or a country subject to United Nations Sanctions Lists and their equivalent, or a country where usage of cryptocurrency is forbidden by applicable law
you are only transacting on the Service with legally-obtained funds that belong to you;
you are not furthering, performing, undertaking, engaging in, aiding or abetting any unlawful activity through your relationship with us or through your use of the Services;
you comply with these Terms;
you acknowledge and agree that NOW Wallet is not acting as your broker, intermediary, agent or advisor or in any fiduciary capacity, and no communication or information provided to you by NOW Wallet shall be considered or construed as advice;

1.4. In these Terms, unless otherwise specified, the words importing the singular include the plural and vice versa, and the words importing gender include all genders.

1.5. YOU INDEMNIFY AND HOLD WALLET SERVICE LIMITED HARMLESS AGAINST ANY CLAIMS, DEMANDS AND DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA OR LOSS OF ASSETS, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ORIGINATED FROM OR IN ANY WAY CONNECTED WITH INVALIDITY OR BREACH OF ANY OF THE WARRANTIES, REPRESENTATIONS AND COVENANTS OF THIS SECTION AND THE ENTIRE TERMS.

1.6. Subject to your compliance with the Terms, NOW Wallet grants you a nonassignable, non-transferable, non-sublicensable, revocable, and non-exclusive license to use the Software on devices you own or control solely for your personal or internal business purposes.

1.7. You accept that the Terms of Use may be updated by NOW Wallet at any time. If You do not read and accept the Terms of Service, You should not use or continue using the Services.

2. SERVICES PROVIDED BY NOW WALLET ACCOUNT REGISTRATION. ELIGIBILITY CRITERIA

NOW Wallet is a non-custodial cryptocurrency software infrastructure, which consists of the following core elements:

2.1. NOW Wallet Application

The NOW Wallet Mobile Application provides users with a decentralized interface for managing virtual currencies (‘Cryptocurrency’). This software allows users to generate wallets, view balances, and transfer ownership of tokens directly on supported blockchain networks. The application operates as a tool for interaction with blockchain protocols but does not offer any financial services or custody of assets. Users retain full control of their private keys and digital assets at all times.

2.2. You Own Your Private Keys

NOW Wallet, as a non-custodial solution, does not store or manage any user data or Private Information,including private keys, passwords, or backup phrases. It is the user's sole responsibility to securely back up and store their Private Information. The software facilitates the generation and management of this information but cannot assist in recovery. Loss of private keys or other critical Private Information will result in the irreversible loss of access to the user's cryptocurrencies or tokens.

2.3. Exchange Functionality via Third-Party Integration

While the NOW Wallet interface includes an option to perform cryptocurrency exchanges, the exchange functionality is fully managed by an integrated third-party service provider. NOW Wallet itself does not provide exchange services. The exchange is provided by partners of ChangeNOW. The NOW Wallet software acts solely as an intermediary for user convenience, without directly participating in the exchange process. Users engaging in these exchanges must adhere to ChangeNOW’s Terms of Service (https://changenow.io/terms-of-use). NOW Wallet disclaims any responsibility for outcomes related to the use of this third-party service.

2.4. Merchant Payment Processing Integration

NOW Wallet includes an integration that allows users to generate payment invoices and accept cryptocurrency payments. This feature is facilitated through a third-party provider, NOWPayments. To utilize this functionality, users must register with NOWPayments and accept its Terms of Service and User Agreement (https://nowpayments.io/doc/user_agreement-v1_2_3.pdf, https://nowpayments.io/doc/tos.pdf). NOW Wallet serves as a bridge to the NOWPayments service and does not handle or process any payments directly.

2.5. Interaction with Blockchain Networks

NOW Wallet software enables users to interface with blockchain networks for the purpose of managing and transferring virtual currencies. It does not exercise any control over the functioning of these networks or the virtual currencies themselves. The software merely provides the tools to interact with decentralized systems, leaving all blockchain-level operations entirely beyond the scope of NOW Wallet’s influence.

3. SERVICES PROVIDED BY THIRD-PARTIES

NOW Wallet may provide information about third-party products, services, activities or events, or may allow third parties to make their content and information available on or through the Services. NOW Wallet provides Third-Party providers as a service to those interested in such content. your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. NOW Wallet does not control or endorse, and makes no representations or warranties regarding any Third-Party providers, and your access to and use of such Third-Parties is at your own risk.

3.1. Cryptocurrency rates

All cryptocurrency rates available in the NOW Wallet Mobile Non-Custodial Applications are supported by TradingView. The original terms of use are available at https://www.tradingview.com.

3.2. Cryptocurrency transaction information

User’s balance and actual transaction history are supported by each cryptocurrency block explorer e.g. https://ethblockexplorer.org/, etc.

3.3 Virtual currency exchange

NOW Wallet provides you a Software by using which virtual currency conversion of a fiat currency to cryptocurrency and vice versa can be made. Such a conversion service is provided by our third-party partners Simplex, Guardarian, and Transak. Furthermore, the utilisation of this product is governed by the terms as set forth by our partners - Simplex, Guardarian, and Transak payment processing may be subject to local bank policies. Issuer banks may decline the payment on their own terms.

3.4. Merchant Payments

NOW Wallet provides the ability to utilize a third-party merchant payment provider, NOWPayments, within the application. This feature allows users to integrate with NOWPayments through their API for various functions, including:

Registration: A web view opens inside the application, connecting to the NOWPayments website and registration form.
Login: Users can log in directly through the app.
Creating a Point of Sale: This action requires an API key, which users can exclusively obtain from their personal account on NOWPayments.
Creating an invoice for payment: Users can generate payment invoices through API integration.
Invoice management: Users can access the invoice, including the replenishment address and status, through a web view link within the application.

By using Merchant Payments, you acknowledge and agree to NOWPayments' Terms of Service. The rules outlined in NOWPayments' Terms of Use and Privacy Policy apply in their entirety.

3.5. Third party Services.

If You use any Third Party Services, You understand that:

Third Party Services are not controlled by NOW Wallet, and NOW Wallet shall not be responsible or liable to anyone for Third Party Services;
Your use of Third Party Services is solely between You and the respective Third party and will be governed by the Third Party’s terms and policies. It is your responsibility to review the Third Party’s terms and policies before using a Third Party Services;
Some Third Party Services may request or require access to your (your customers’) data. If You grant access, your data will be handled in accordance with the Third Party’s privacy policy and practices.
NOW Wallet does not have control over how a Third Party Services may use your or your customers’ data. Do not share any credential, private key, or other sensitive information with any Third Party without validating their legitimacy;
Third Party Services may not work appropriately with your website or software, and NOW Wallet may not be able to provide support for issues caused by any Third Party Services. If You have questions or concerns about how a Third Party Service operates, or need support, please contact the Third Party directly.

4. LIMITED RIGHT OF USE. INTELLECTUAL PROPERTY

4.1. Trademarks, trade names, service marks, and logos of NOW Wallet and others used on the Platform (collectively, “Trademarks”) are the property of NOW Wallet and its respective owners. The software, applications, text, images, graphics, data, prices, charts, graphs, video, and audio materials used on the Platform (collectively, “Content”) are the property of NOW Wallet. Trademarks and Content on the Platform may not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected, or distributed in any form or by any means, whether manual or automated. The use of any Content from the Platform on any other website or networked computer environment for any other purpose, except as part of participation in and use of the Services, is strictly prohibited; and any such unauthorized use may violate copyright, patent, trademark, and any other applicable laws and may result in criminal or civil penalties.

4.2. NOW Wallet supports the protection of intellectual property. If you wish to file (i) a trademark claim in relation to any infringement of a mark for which you hold a valid, registered trademark or service mark, (ii) a copyright claim in relation to any material for which you own a bona fide copyright, or (iii) any other intellectual property claim, including claims related to patent rights, please email us at [email protected].

4.3. When accessing the Service, you shall not: (i) negatively interfere with other customers; (ii) damage, disable or in any way disrupt the website or the Services; (iii) conduct, pay for, support or in any way be involved in any illegal activities, including but not limited to money laundering, terrorist financing, fraud, illegal gambling, illegal weapons sale and drug trafficking; (iv) use any automated means or interface to access Services or to extract data; (v) use another customer’s account; (vi) provide false or misleading information to us.

5. RISK WARNING

Trading and investing in virtual currencies involve substantial risk of loss and is not suitable for all types of investors. Please make sure you are investing mindfully after understanding the nature, complexity and risks inherent in the trading of virtual currency. You should not purchase virtual currency unless you understand the extent of your exposure to potential loss. Please make sure you are not risking funds you cannot afford to lose. In no event shall ChangeNOW Wallet be liable to any loss or damage of any kind incurred as a result of the use of this website or the Services.

NOW Wallet specifically disclaims and shall have no liability to you for the following risks:

operating system failures (mobile or desktop); and,
disruptions between your hardware, software, and the NOW Wallet; 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 NOW Wallet; and,
communication delays between your NOW Wallet Mobile Application and a node or relay services 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. LIMITATION OF LIABILITIES. INDEMNITIES

To the extent permitted by law, NOW Wallet shall not be liable for any damages, losses of profit, usage or data, loss of business, loss of business, failure to use the Services, customers misunderstanding of Services or any other loss originated from negligence or fraud or otherwise arising out of or connected to the Services or these Terms.

You shall indemnify and hold harmless NOW Wallet, its affiliates, contractors, licensors and respective shareholders, members, directors, officers, employees, attorneys, agents and suppliers from any claim, damage, lawsuit, tort, cost or expenses.

The Service is provided on an “as is” and “as available” basis without any warranty or representation expressed or implied.

You understand and agree that NOW Wallet shall not be liable in connection with any third party activity or force majeure event, including labour disputes or other industrial disturbances, electrical, telecommunications, hardware, software or other utility failures, software or smart contract bugs or weaknesses, earthquakes, storms, or other nature-related events, blockages, embargoes, riots, strikes, acts or orders of government authority, acts of terrorism or war, technological change, changes in interest rates or virtual currencies or other monetary conditions, and, for the avoidance of doubt, changes to any blockchain-related protocol.

7. DATA PROTECTION

Full details of our Privacy Policy can be found at Privacy Policy. NOW Wallet recommends you to read the Privacy Policy carefully, so that you know the data that NOW Wallet collects, uses and who NOW Wallet shares your data with.

8. ANTI-MONEY LAUNDERING (AML). KNOW YOUR CUSTOMER (KYC) POLICIES

8.1. Verification procedures

NOW Wallet (https://changenow.io, https://www.simplex.com/terms-of-use, https://guardarian.com/terms-of-service not NOW Wallet itself) is provided with verification procedures within the standards of anti-money laundering and “Know Your Customer” frameworks in accordance with their terms and conditions.

8.2.1 Fiat exchange

NOW Wallet’s third-party partners (https://www.simplex.com and https://guardarian.com) will require the User to provide them with a reliable ID. We highly recommend that you first read their terms of service.

Please note: NOW Wallet itself didn’t collect any personal users’ data. To know more, check our Privacy Policy.

8.2.2 Cryptoasset exchange

NOW Wallet reserve the right to verify User’s identity during the Exchange processes, according to their policy:

https://changenow.io/faq/kyc-aml-procedure

9. SECURITY

Since the Software is locally installed, you are responsible for the security of the device on which it is installed, including ensuring that you keep anti-virus software current and otherwise protect the device on which the Software is installed against malware.

9.1. We do not store PIN codes and biometric data that you set to log in to the application. This data is stored solely on your device.

10. PROHIBITED JURISDICTIONS

10.1. By accessing and using NOW Wallet services and the Website, you represent and warrant that you are not located in, a citizen or resident of, or subject to the laws and sanctions of the United States of America, countries on United Nations Sanctions Lists, or any country where the usage of cryptocurrency is forbidden by applicable law. By using NOW Wallet services from a prohibited jurisdiction, you do so at your own risk and are solely responsible for compliance with your local laws and regulations.

10.2. NOW Wallet reserves the right to choose the markets and jurisdictions in which it operates and may restrict or deny its services to specific countries.

10.3. NOW Wallet maintains the right to use various methods to prevent the use of the Website and its services by the Users listed above. You are to comply with this Section, even if NOW Wallet’s methods to prevent use of its services and the Website are not effective or can be bypassed.

11. TAXES. COMPLIANCE WITH LOCAL REGULATIONS

It is your responsibility to comply with local laws in respect to the legal usage of the Services and the regulatory qualification of virtual currencies in your jurisdiction.

You are responsible for determining what taxes apply and in which measure to the authorised use of the Services. You should report and remit the correct taxes to the appropriate tax authority. NOW Wallet is not responsible for determining your tax obligations.

12. MISCELLANEOUS

If NOW Wallet is unable to perform the Services outlined in the Terms due to factors beyond our control including but not limited to an event of Force Majeure, change of law or change in sanctions policy, NOW Wallet shall not be liable for the Services provided under these Terms during the time period coincident with the event.

These Terms set forth the entire understanding between NOW Wallet and you with respect to the Service. You agree to rely only on the Terms alone. These Terms supersede any previous statements made by NOW Wallet.

If any term, clause or provision of these Terms is held unlawful, void or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.

No failure of NOW Wallet to exercise any right, power or privilege under these Terms is deemed to be a waiver thereof, nor any partial exercise of a right, power or privilege should preclude the exercise of the entire or other right, power or privilege.

You may not assign any of the rights conferred to you under these Terms without prior written consent from NOW Wallet. NOW Wallet may assign any right or obligation under these Terms without any notice to or consent from you.

These Terms are provided in English. Any translation has the sole purpose of being convenient for you. In case of any inconsistency, contradiction or doubt, the English version of these Terms shall prevail.

13. TERM AND TERMINATION

13.1. These Terms shall enter into force for the User since the first use of the Services and shall be in force for an indefinite period of time.

13.2. You agree that NOW Wallet, in its sole discretion and for any or no reason, may at any time terminate these Terms and your account for the Services with immediate effect. You agree that any termination of your access to the Services may be without prior notice, and You agree that NOW Wallet will not be liable to You or any third party for such termination. NOW Wallet shall not give reasons for its actions. NOW Wallet will have no obligation to provide a refund of any amounts previously paid by You.

13.3. Upon termination of the Services, your right to use such Services will automatically terminate immediately. NOW Wallet will not have any liability whatsoever to You for any suspension or termination.

13.4. All provisions of the Terms, which by their nature should survive termination of Services, will do so.

14. JURISDICTION

The Terms shall be governed and construed in accordance with the laws of Saint Vincent and the Grenadines.

15. COPYRIGHT PROTECTION

15.1. Using the Website does not give you ownership of any intellectual property rights in the Website, any software or the content you access.

15.2. The materials contained in the Website are protected by applicable copyright and trademark laws and treaties.

15.3. Use of search queries comprising a direct domain name or the brand name such as (but not limited to) now wallet, сhangenow, changenow.io, change now, etc. is prohibited in paid SEA advertisements used to attract affiliates. Violation of this rule may result in exclusion from the affiliate program (included, but not limited to, blocking of API keys and forbidding of profit withdrawal).

16. MODIFICATIONS

16.1. NOW Wallet reserves the right to change, amend, or modify these Terms at any time. We will provide you with notice of such changes by updating the "Last Updated" date at the top of these Terms. The updated Terms will take effect immediately upon posting on the Website.

16.2. By using the Website, you agree to be bound by the then-current version of these Terms. Herewith continuation of the usage of the Website after making changes or amendments to these Terms means acceptance of the User of such changes or amendments, and therefore the User shall regularly monitor changes in these Terms.

16.3. NOW Wallet reserves the right, in its sole discretion, to alter, amend, restrict, modify, or terminate the Services or any functionality thereof at any time without notice. There is no guarantee that the Services or any part thereof will continue to be available for any particular period. NOW Wallet may correct any errors or omissions in the Services without notice but is not obligated to do so.

17. NO INVESTMENT ADVICE

You acknowledge and agree that NOW Wallet does not provide any investment advice or recommendations regarding the purchase or sale of any Digital Assets. You are responsible for your investment decisions and transactions, including any profits, losses, and tax consequences that may result. NOW Wallet does not consider your financial situation, investment knowledge, or risk tolerance when providing Services.

18. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless NOW Wallet and its representatives from any losses, damages, claims, liabilities, and expenses, including legal fees, arising out of your use of the Services. This includes any violation of these Terms of Service or applicable laws. NOW Wallet may assume control of any indemnified matter at its discretion but does not waive any indemnity obligations you may have.

19. ASSIGNMENT

19.1. NOW Wallet may transfer rights and obligations under these Terms to third parties without the additional consent of the User.

19.2. The User is entitled to assign its rights and obligations under these Terms to any third party only with prior written consent of NOW Wallet.

20. ENTIRE AGREEMENT

These Terms constitutes the whole agreement between the Parties and supersedes any previous arrangements or agreements between them relating to the transactions contemplated in these Terms.

21. SEVERANCE AND VALIDITY

21.1. If any provision of these Terms is or becomes illegal, invalid or unenforceable in any respect under the law of any relevant jurisdiction, such provision shall be deemed to be severed from these Terms and shall be replaced with one having an effect as close as possible to the deficient provision.

21.2. The remaining provisions of these Terms will remain in full force.

22. PERSONAL INFORMATION AND MARKETING

In addition to the collection, use, and disclosure of your Personal Information as described in our Privacy Policy, NOW Wallet may use your Personal Information for marketing our products and services with your consent. This may include electronic communications such as email or text messaging. You may withdraw your consent at any time.

23. COSTS

23.1. From time to time, NOW Wallet may need to spend time dealing with issues brought to us by the Users. Where any User’s issue is not caused by our negligence or oversight, we reserve the right to recover reasonable administrative costs spent addressing the User’s issue.

23.2. Except as provided otherwise in these Terms, each Party shall pay its own costs and expenses in connection with the negotiation, preparation and performance of these Terms.

24. AGE OF CONSENT

By using our Services, you represent that you are at least the age of majority in your jurisdiction or that you have given consent for any minor dependents to use our Services. We do not knowingly collect personal information from individuals under the age of 18. If you believe that a minor has provided us with personal information, please contact us to request deletion.

25. CONTACT

If you have any questions relating to these Terms, your rights and obligations arising from these Terms and/or your use of the website and the Service, please contact [email protected].