We may modify this Agreement at any time and in our sole discretion. If we do so, we will change the “Version Date” above. By continuing to use the Truwho Site or its services following the release of any update of this Agreement, you consent to any and all updated terms of this Agreement. You are strongly encouraged to check this page regularly for updates to the terms of this Agreement.
PART 1: GENERAL USE
1. Truwho Services
1.1. Eligibility. You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement and to abide by and comply with its terms. By accessing the Truwho Site, you are representing and warranting that, you are of the legal age of majority in your jurisdiction (and in no event younger than 13 years of ago) as is required to access the Truwho Site and its related services (as referenced below). You further represent that you are otherwise legally permitted to use the Truwho Site and its related services in your jurisdiction including owning digital tokens, and accessing Truwho’s various services. You further represent you are responsible for ensuring compliance with the laws of your jurisdiction and acknowledge that Truwho is not liable for your compliance with such laws. By utilizing the Truwho platform in any way, you represent that you understand the inherent risks associated with the purchase and sale of virtual financial assets, and warrant that you have a working understanding of the usage of cryptocurrencies such as Etherium (ETH) and Bitcoin (BTC), smart contract based tokens, and blockchain-based software systems.
Subject to the foregoing, there are no further restrictions on the ability to open one or more accounts on the Truwho platform. However, certain of the features and/or capabilities made available on the Truwho platform may only be accessible following verification of a validly issued government identification. United States residents may register to use the Truwho platform but are subject to a general restriction from purchasing WHO tokens and from withdrawing earned WHO tokens from the platform.
1.2. Truwho Services. Your Truwho Account ("Truwho Account" or “Account”) provides access to a range of current and future services, many of which will require the submission of some form of personal identification. All users will be entitled to use the WHO token wallet, allowing users to deposit, transfer to other users, store and withdraw (unless otherwise restricted) their WHO tokens, with certain of these capabilities being fully available only following verification of a user’s identity. Users will be entitled to apply for a unique and anonymous “TruID”, and may do so voluntarily by submitting all the information corresponding to the level (Bronze, Gold, etc.) of TruID a user seeks to achieve. The foregoing services as well as any future services that may become available (“Future Services”) are collectively referred to as the "Truwho Services" in this Agreement. Truwho is not a bank or financial institution and does not provide investment or financial advice or consulting services to users of the Truwho Services.
2. Truwho Account Registration and TruID
2.1. In General.. In order to use the Truwho Services, you may register for a Truwho Account. However, full use and eligibility for most Truwho Services will only be available to Truwho Accounts associated with any level of “TruID”. In connection with your application for any level of TruID, you agree to supply only accurate and truthful information. Acquisition of one level of TruID, such as bronze, provides no guarantee of approval of any higher level of TruID verification - each additional set of information and/or documentation is verified. We may, in our sole discretion, refuse to open Truwho Account(s) for any user, limit the number of Truwho Accounts that any user may hold, and/or render ineligible any particular Truwho Account and/or TruID status for usage with any Truwho Service.
3. WHO Token Wallet
3.1. In General. The WHO Token wallet service provides users with the ability to store, deposit, transfer and withdraw (unless restricted) WHO tokens from their Truwho Account. The risk of loss in trading or holding any virtual financial asset can be substantial. You should therefore carefully consider whether purchasing and holding virtual financial assets is suitable for you in light of your financial condition.
Truwho reserves the right to refuse to process or to cancel any pending transaction as required by law or in response to a subpoena, court order, or other binding government order or to enforce transaction limits. Truwho cannot reverse a virtual final asset transaction which has been broadcast to a blockchain network. Under no circumstances should you attempt to use the WHO Token Wallet service to store, send, request, or receive virtual financial assets that are not WHO Tokens. Truwho assumes no responsibility or liability in connection with any attempt to use Truwho Services with any virtual financial asset that are not WHO Tokens.
Truwho is not responsible for any loss of WHO tokens from your portal. Truwho employs state-of-the art technology and best practices to secure your WHO tokens, however we are unable to guarantee against the risk of losing your WHO tokens for reasons including, but not limited to: (i) any brute force attack, (ii) server failure or data loss; (iii) forgotten passwords, private keys or phrase; (iv) corrupted wallet files (v) software issues; (vi) intrusions and/or hacks against Truwho’s servers or against Truwho’s providers’ servers; (vii) incorrectly constructed transactions or mistyped wallet addresses; (viii) “phishing” or third-parties posing as Truwho.
3.2. WHO Token Transactions.. Truwho processes WHO token transactions according to the instructions received from you. You should verify all transaction information prior to submitting instructions to Truwho through the your account portal. Once submitted to a digital currency network, a WHO token transaction will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the digital currency network. A transaction is not complete while it is in a pending state. Funds associated with transactions that are in a pending state will be designated accordingly, and will not be included in your account dashboard or be available to conduct transactions. Your WHO token transactions may be subject to network fees, estimates of which will be provided at or before the time you authorize such transaction. Truwho reserves the right to delay any WHO token transaction if it perceives a risk of fraud or illegal activity.
4. General Use, Prohibited Use, and Termination
4.1. Limited License. We grant you a limited, non-exclusive, non-transferable license, subject to the terms of this Agreement, to access and use the Truwho website and the Truwho Services, related content, materials and information (collectively, the "Content") solely for approved purposes as permitted by Truwho from time to time. Any other use of the Truwho website or Content is expressly prohibited and all other right, title, and interest in the Truwho website or Content is exclusively the property of Truwho. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part. "Truwho.com", "Truwho", and all logos related to the Truwho Services or displayed on the Truwho website are either trademarks or registered marks of Truwho or its licensors. You may not copy, imitate or use them without Truwho's prior written consent.
4.2. Accuracy of Truwho Website and Related Media. Although we intend to provide accurate and timely information (i) on the Truwho website and its related portal sites, and (ii) through third-party social media and other digital means, including but not limited to digital services provided by Twitter, Instagram, Telegram, Facebook, Discord, Github, Medium, YouTube, and Reddit, information presented therein (including, without limitation, the Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Truwho website or otherwise drawn from the Content are your sole responsibility and we shall have no liability for such decisions. Links to unaffiliated third-party materials (including without limitation unaffiliated websites and unaffiliated third party Digital Currency exchanges) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any unaffiliated third-party materials or on any unaffiliated third party sites accessible or linked to the Truwho website.
4.3. Unaffiliated Third-Party Access. If you grant express permission to an unaffiliated third party to access or connect to your Truwho Account, either through an unaffiliated third party's product or service or otherwise, you acknowledge that granting permission to an unaffiliated third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. You are fully responsible for all acts or omissions of any unaffiliated third party with access to your Truwho Account. Further, you acknowledge and agree that you will not hold Truwho responsible for, and will indemnify Truwho from, any liability arising out of or related to any act or omission of any unaffiliated third party with access to your Truwho Account.
4.4. Prohibited Use. In connection with your use of the Truwho Services, and your interactions with other users, and any unaffiliated third parties, you agree and represent you will not engage in any Prohibited Use defined herein. We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request. We reserve the right to cancel and/or suspend your Truwho Account and/or block transactions or freeze funds (lock tokens) immediately and without notice if we determine, in our sole discretion, that your Account is associated with a Prohibited Use.
4.5. Suspension, Termination, and Cancellation. Truwho may: (a) suspend, restrict, or terminate your access to any or all of the Truwho Services, and/or (b) deactivate or cancel your Truwho Account if (i) we are so required by a facially valid subpoena, court order, or binding order of a government authority; (ii) we reasonably suspect you of using your Truwho Account in connection with a Prohibited Use; (iii) use of your Truwho Account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your Truwho Account activity; (iv) you take any action that Truwho deems as circumventing Truwho's controls, including, but not limited to, providing falsified identification documents for purposes of securing a TruID.
If Truwho suspends or closes your account, or terminates your use of one or more Truwho Services for any reason, we will provide you with notice of our actions unless a court order or other legal process prohibits Truwho from providing you with such notice. You acknowledge that Truwho's decision to take certain actions, including limiting access to, suspending, or closing your Truwho Account, may be based on confidential criteria that are essential to Truwho's risk management and security protocols. You agree that Truwho is under no obligation to disclose the details of its risk management and security procedures to you.
You will be permitted to transfer WHO tokens or any other funds within your Truwho Account for ninety (90) days after a Truwho Account deactivation or cancellation unless such transfer is otherwise prohibited (i) under the law, including but not limited to applicable sanctions programs, or (ii) by a facially valid subpoena or court order.
4.6. Relationship of the Parties. Truwho is an independent contractor for all purposes. Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause, you and Truwho to be treated as partners, joint ventures, or otherwise as joint associates for profit, or either you or Truwho to be treated as the agent of the other.
4.7. Password Security; Contact Information. You are responsible for maintaining adequate security and control of any and all user IDs, passwords and private keys (if applicable) that you use to access the Truwho Services. Users are strongly encouraged to use two-factor authentication in accessing the Truwho Site and the Truwho Services, and may adjust their security features in their user settings. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your Truwho Account by unaffiliated third-parties and the loss or theft of any WHO tokens or other funds held in your Truwho Account, as well as unauthorized access to any personal information residing in your Truwho Account. You are responsible for keeping your email address and/or phone number up to date in your Truwho Account profile in order to receive any notices or alerts that we may send you. We assume no responsibility for any loss that you may sustain due to compromise of account login credentials due to no fault of Truwho and/or failure to follow or act on any notices or alerts that we may send to you. In the event you believe your Truwho Account information has been compromised, contact Truwho support immediately.
4.8. Taxes. It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the Truwho Site, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. Your applicable transaction history is available through your Truwho Account.
5. Customer Feedback, Queries, Complaints, and Dispute Resolution
5.1. Contact Truwho. If you have any feedback, questions, or complaints, contact us by email or through the Telegram support channel (which can be reached through a link provided on the Truwho website).
5.2. Arbitration; Waiver of Class Action. If you have a dispute with Truwho, we will attempt to resolve any such disputes through our support team. If we cannot resolve the dispute through our support team, you and we agree that any dispute arising under this Agreement shall be finally settled in binding arbitration, on an individual basis, in accordance with the American Arbitration Association's rules for arbitration of consumer-related disputes and you and Truwho hereby expressly waive trial by jury and right to participate in a class action lawsuit or class-wide arbitration. The arbitration will be conducted by a single, neutral arbitrator and shall take place in the United States, or in an otherwise mutually agreeable location. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys' fees when authorized by law, and the arbitral decision may be enforced in any court. At your request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. The prevailing party in any action or proceeding to enforce this agreement shall be entitled to costs and attorneys' fees.
Apart from arbitration fees or costs required by such administrator, or by applicable law, to be paid by Truwho, each party will be responsible for any other fees or costs, such as attorney fees that the party may incur. If a court decides that any provision of this section 5.2 is invalid or unenforceable, that provision shall be severed and the other parts of this section 5.2 shall still apply. In any case, the remainder of this Agreement, will continue to apply.
6. General Provisions
6.1. Computer Viruses. We shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from Truwho. Always log into your Truwho Account through the Truwho Site, and use two factor authentication whenever possible, to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.
6.2. Release of Truwho; Indemnification. If you have a dispute with one or more Truwho Account holders, you release Truwho, its affiliates and service providers, and each of their respective officers, directors, agents, joint venturers, employees and representatives from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. You agree to indemnify and hold Truwho, its affiliates and service providers, and each of its or their respective officers, directors, agents, joint venturers, employees and representatives, harmless from any claim or demand (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to your breach of this Agreement or your violation of any law, rule or regulation, or the rights of any third party.
6.3. Limitation of Liability; No Warranty. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE TRUWHO SITE AND SERVICES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE TRUWHO SITE AND SERVICES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE TRUWHO SITE AND SERVICES IS AT YOUR OWN RISK. RECOGNIZING SUCH, YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER TRUWHO NOR ITS AFFILIATES OR SERVICE PROVIDERS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY (EVEN IF TRUWHO HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE TRUWHO SITE AND SERVICES; THE USE OR THE INABILITY TO USE THE TRUWHO SITE AND SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE TRUWHO SITE AND SERVICES; ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; HUMAN ERRORS; TECHNICAL MALFUNCTIONS; FAILURES, INCLUDING PUBLIC UTILITY OR TELEPHONE OUTAGES; OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS, OR SOFTWARE (INCLUDING, BUT NOT LIMITED TO, THOSE THAT DO NOT PERMIT PARTICIPATION IN THE TRUWHO SERVICES); ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; INABILITY TO FULLY ACCESS THE SITE OR SERVICE OR ANY OTHER WEBSITE; THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, IMAGES OR OTHER CONTENT OF ANY KIND; DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST; TYPOGRAPHICAL, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF; OR ANY OTHER MATTER RELATING TO THE TRUWHO SITE OR SERVICES.
THE TRUWHO SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRUWHO SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. TRUWHO DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SITE, ANY PART OF THE TRUWHO SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
6.5. Amendments. We may amend or modify this Agreement by posting on the Truwho Site or emailing to you the revised Agreement, and the revised Agreement shall be effective at such time. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Truwho Services. You agree that we shall not be liable to you or any third party for any modification or termination of the Truwho Services, or for suspension or termination of your access to the Truwho Services. If the revised Agreement includes a material change, we will endeavor to provide you advanced notice via the Truwho Site, Telegram and/or email before the material change becomes effective.
6.6. Assignment. You may not assign any rights and/or licenses granted under this Agreement. We reserve the right to assign our rights without restriction, including without limitation to any Truwho affiliates or subsidiaries, or to any successor in interest of any business associated with the Truwho Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
6.7. Severability. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.
6.8. Change of Control. In the event that Truwho is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.
6.9. Survival. All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, sections pertaining to suspension or termination, Truwho Account cancellation, debts owed to Truwho, general use of the Truwho Site, disputes with Truwho, and general provisions, shall survive the termination or expiration of this Agreement.
6.10. Governing Law. You agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and Truwho, except to the extent governed by federal law.
6.11. Force Majeure. We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, regulatory action, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
6.12. English Language Controls. Notwithstanding any other provision of this Agreement, any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.
APPENDIX - PROHIBITED USES
You may not use your Truwho Account to engage in the following categories of activity ("Prohibited Uses"). The specific types of use listed below are representative, but not exhaustive. If you are uncertain as to whether or not your use of Truwho Services involves a Prohibited Use, or have questions about how these requirements apply to you, please contact us. By opening a Truwho Account, you confirm that you will not use your Truwho Account to do any of the following:
Unlawful Activity: Activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions programs administered in your native jurisdiction;
Abusive Activity: Actions which impose an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; transmit or upload any material to the Truwho Site that contains viruses, trojan horses, worms, or any other harmful or deleterious programs; attempt to gain unauthorized access to the Truwho Site, other Truwho Accounts, computer systems or networks connected to the Truwho Site, through password mining or any other means; use Truwho Account information of another party to access or use the Truwho Site; or transfer your account access or rights to your account to a third party, unless by operation of law or with the express permission of Truwho;
Abuse Other Users: Interfere with another individual's or entity's access to or use of any Truwho Services; defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others; incite, threaten, facilitate, promote, or encourage hate, racial intolerance, or violent acts against others; harvest or otherwise collect information from the Truwho Site about others, including without limitation email addresses, without proper consent;
Fraud: Activity which operates to defraud Truwho, Truwho users, or any other person; provide any false, inaccurate, or misleading information to Truwho; and
Intellectual Property Infringement: Use of Truwho intellectual property, name, or logo, including use of Truwho trade or service marks, without express consent from Truwho or in a manner that otherwise harms Truwho or the Truwho brand; any action that implies an untrue endorsement by or affiliation with Truwho.