Established in 2022, Gryfyn HK Limited ("Gryfyn”, “we”, “us” or “our”) provides a range of institutional-grade digital asset wallets and financial products and services, including but not limited to services provided under its NFT-centric custodial wallet (the “Wallet”) (all services provided by us are collectively our “Services”). Gryfyn hosts a top level domain website, www.gryfyn.io, that serves information about us, our Services, sub-domains for our products and platform for the provision of our Services (such top level domain website and all sub-domains are collectively, the “Site”) which contain text, images, code, audio, third party information and other materials. Our principal place of business is at Unit 417-421, Cyberport 1, 100 Cyberport Road, Pokfulam, Hong Kong.
These terms and conditions (these “Terms” or this “Agreement”) govern your access to and use of the Site and our Services and constitute a legally binding agreement between us and you, any entity you represent, or any individual accessing or using the Site or our Services (each a “User”, “you” or “your”). Each of Gryfyn and you is a “Party” and collectively the “Parties”.
By accessing or using the Site and our Services, you further represent and warrant to us that:
We reserve the right to amend or modify these Terms or any Policy at our sole discretion at any time by publishing such amended or modified Terms on the Site. Any and all modifications or changes will become effective upon publication and you agree and acknowledge that we will not explicitly notify you about any possible amendments and modifications and it is your responsibility to check these Terms and any Policy periodically for changes. Your continued use of the Site following the publication of any changes to these Terms and any Policy will mean that you accept and agree to such changes.
“Account” shall have the meaning as set out in Section 6.1 of these Terms;
“Account Credentials” shall have the meaning as set out in Section 6.2(a) of these Terms;
“AML” means Anti Money Laundering clause, which refers to the laws, regulations and procedures intended to prevent individuals from disguising illegally obtained funds as legitimate income;
“AML/KYC Policy” shall have the meaning as set out in Section 1.1(c) of these Terms;
“Arbitrator” shall have the meaning as set out in Section 18.5 of these Terms;
“Claims” shall have the meaning as set out in Section 16.1 of these Terms;
“Confidential Information” means information, technical data or know-how, including, but not limited to, information relating to business and product or service plans, financial projections, customer lists, business forecasts, sales and merchandising, human resources, patents, patent applications, computer object or source code, research, inventions, processes, designs, drawings, engineering, marketing or finance to be confidential or proprietary or information which would, under the circumstances, appear to a reasonable person to be confidential or proprietary;
“Content” shall have the meaning as set out in Section 12.1 of these Terms;
“Digital Asset(s)” means any files created electronically or scanned and uploaded to a computer, to avoid any doubt, any tokens, cryptocurrencies, NFTs and digital collectibles held by us through the private key under any of our Services including, but not limited to, video, audio files, images, graphic, design files, presentations, or any other digital work;
“Fee(s)” means price that User shall pay us as remuneration for any Services provided for the User;
“Gryfyn”, “we”, “us” or “our” shall have the meaning as set out in the first paragraph of these Terms;
“Indemnified Parties” shall have the meaning as set out in Section 16.1 of these Terms;
“Intellectual Property Rights” mean any copyrights, designs, patents, rights to inventions, rights in confidential information, know-how, trade secrets, trademarks, trade names, database rights, chip topography rights, mask works, utility models, domain names, source codes, rights in designs, rights in computer software, rights in the websites or mobile applications and all similar rights of whatever nature and in whatever form and, in such case (a) whether registered or not, (b) including any applications to protect or register such rights, (c) including all renewals and extensions of such rights or applications, (d) whether vested, contingent or future and wherever existing;
“KYC” means Know Your Customer standards, which are designed to protect including, but not limited to, financial institutions against fraud, corruption, money laundering and terrorist financing, as institutions have the obligations to verify customer’s identity;
“KYC/AML Regulations’’ shall have the meaning as set out in Section 7.1 of these Terms;
“Non-Fungible Token” or “NFT” means a unit data stored on blockchain and which is unique, non-interchangeable with any other non-fungible tokens and with blockchain-managed ownership;
“Policy” shall have the meaning as set out in Section 1.1(c) of these Terms;
“Rules” shall have the meaning as set out in Section 18.5 of these Terms;
“Services” shall have the meaning as set out in the first paragraph of these Terms;
“Site” shall have the meaning as set out in the first paragraph of these Terms;
“Smart Contracts” means a computer program or a transaction protocol which is intended to automatically execute, control or document legally relevant events and actions according to the terms of a contract or an agreement;
“Terms” or this “Agreement” shall have the meaning as set out in the second paragraph of these Terms;
“User”, “you” or “your” shall have the meaning as set out in the second paragraph of these Terms;
“Wallet” shall have the meaning as set out in the first paragraph of these Terms;
PLEASE NOTE THE FOLLOWING RISKS ASSOCIATED WITH DIGITAL ASSETS AND OUR SERVICES:
In order to use our Services, you may be asked to have or create an account (an “Account”). We may at our discretion refuse to allow anyone to establish an Account, or limit the number of the Accounts that a single User may establish and maintain at any time.
You shall not:
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, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, hacking attacks, major market disturbances, other major event or catastrophe, pandemic, or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
Notwithstanding any provision of this Agreement to the contrary, where Gryfyn is for the time being subject to any regulatory requirements (whether made by the laws of Hong Kong or otherwise) in relation to its dealings with the User under this Agreement, the rights and obligations of Gryfyn hereunder shall be read and construed to the greatest extent permitted by, and in accordance with such applicable regulatory requirements.