April 12, 2020
Terms and conditions
These are the terms and conditions of Didux.io Apps ( Didux.io B.V., Proofme.ID ). Didux.io B.V. is
located at Lusthofstraat 17 B 3062 WB Rotterdam, registered with the Chamber of
Commerce ( Kamer van Koophandel ) under number: 70878781.
If you have any questions, you can contact us via email@example.com
Didux.io reserves the right to change these terms and conditions. You agree that the most
recent version of these terms and conditions apply. Parties may deviate from these Terms
and Conditions in writing.
Except for Section 13, providing for binding arbitration and waiver of class action rights,
at any time. The most current version of these Terms will be posted on our Site. You shall be
responsible for reviewing and becoming familiar with any such modifications. Use of the
Services by you after any modification to the Terms constitutes your acceptance of the
2. Acceptance of Terms
Didux.io provides a platform for managing Didux.io and Proofme.ID accounts, and allowing ordinary
websites to interact with the Didux.io blockchain, while keeping the user in control over what
transactions they approve, through our website located at; https://Didux.io and
browser plugin (the "Site") — which includes text, images, audio, code and other materials
(collectively, the "Content") and all of the features, and services provided. The Site, and any
other features, tools, materials, or other services offered from time to time by Didux.io
Services, or clicking to accept or agree to these Terms where that option is made available,
you (1) accept and agree to these Terms (2) consent to the collection, use, disclosure and
rules and conditions of participation issued by Didux.io from time to time. If you do not
agree to the Terms, then you may not access or use the Content or Services.
Always backup your keys: Didux.io is not a "web wallet". You do not create an account
or give us your funds to hold onto. No data leaves your computer / your browser. We make it
easy for you to create, save, and access your information and interact with the blockchain.
We are not responsible for any loss: the Proofme.ID App, Didux.io (blockchain), the Didux.io
are under active development. While we have thoroughly tested & wallets have been
successfully created by people all over the globe, there is always the possibility something
unexpected happens that causes your funds to be lost. Please do not invest more than you
are willing to lose, and please be careful.
Translations of the Didux.io: The community has done an amazing job translating
Didux.io into a variety of languages. However, Didux.io can only verify the
validity and accuracy of the information provided in English and, because of this, the English
version of our website is the official text.
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 these
Terms and to abide by and comply with these Terms.
Didux.io is a global platform and by accessing the Content or Services, you are
representing and warranting that, you are of the legal age of majority in your jurisdiction as is
required to access such Services and Content and enter into arrangements as provided by
the Service. You further represent that you are otherwise legally permitted to use the service
in your jurisdiction including owning cryptographic tokens of value, and interacting with the
Services or Content in any way. You further represent you are responsible for ensuring
compliance with the laws of your jurisdiction and acknowledge that Didux.io is not
liable for your compliance with such laws.
4. Account Password and Security
When setting up an account within Didux.io or Proofme.ID, you will be responsible for keeping your
own account secrets, which may be a twelve-word seed phrase, an account file, or other
locally stored secret information. Didux.io encrypts this information locally with a
password you provide, that we never send to our servers. You agree to (a) never use the
same password for Didux.io that you have ever used outside of this service; (b) keep
your secret information and password confidential and do not share them with anyone else;
(c) immediately notify Didux.io of any unauthorized use of your account or breach of
security. Didux.io cannot and will not be liable for any loss or damage arising from
your failure to comply with this section.
5. Representations, Warranties, and Risks
5.1 Warranty Disclaimer
You expressly understand and agree that your use of the Service is at your sole risk. The
Service (including the Service and the Content) are provided on an "AS IS" and "as
available" basis, without warranties of any kind, either express or implied, including, without
limitation, implied warranties of merchantability, fitness for a particular purpose or
non-infringement. You acknowledge that Didux.io has no control over, and no duty to
take any action regarding: which users gain access to or use the Service; what effects the
Content may have on you; how you may interpret or use the Content; or what actions you
may take as a result of having been exposed to the Content. You release Didux.io
from all liability for you having acquired or not acquired Content through the Service.
Didux.io makes no representations concerning any Content contained in or accessed
through the Service, and Didux.io will not be responsible or liable for the accuracy,
copyright compliance, legality or decency of material contained in or accessed through the
5.2 Sophistication and Risk of Cryptographic Systems
By utilizing the Service or interacting with the Content or platform in any way, you represent
that you understand the inherent risks associated with cryptographic systems; and warrant
that you have an understanding of the usage and intricacies of native cryptographic tokens,
like Ether (ETH) and Bitcoin (BTC), smart contract based tokens such as those that follow
the Ethereum Token Standard (https://github.com/ethereum/EIPs/issues/20), and
blockchain-based software systems.
5.3 Risk of Regulatory Actions in One or More Jurisdictions
Didux.io and XSM could be impacted by one or more regulatory inquiries or regulatory
action, which could impede or limit the ability of Didux.io to continue to develop, or
which could impede or limit your ability to access or use the Service or Didux.io blockchain.
5.4 Risk of Weaknesses or Exploits in the Field of Cryptography
You acknowledge and understand that Cryptography is a progressing field. Advances in
code cracking or technical advances such as the development of quantum computers may
present risks to cryptocurrencies and Services of Content, which could result in the theft or
loss of your cryptographic tokens or property. To the extent possible, Didux.io intends
to update the protocol underlying Services to account for any advances in cryptography and
to incorporate additional security measures, but does not guarantee or otherwise represent
full security of the system. By using the Service or accessing Content, you acknowledge
these inherent risks.
5.5 Volatility of Cryptocurrencies
You understand that Didux.io and other blockchain technologies and associated currencies
or tokens are highly volatile due to many factors including but not limited to adoption,
speculation, technology and security risks. You also acknowledge that the cost of transacting
on such technologies is variable and may increase at any time causing impact to any
activities taking place on the Didux.io blockchain. You acknowledge these risks and
represent that Didux.io cannot be held liable for such fluctuations or increased costs.
5.6 Application Security
You acknowledge that blockchain applications are code subject to flaws and acknowledge
that you are solely responsible for evaluating any code provided by the Services or Content
and the trustworthiness of any third-party websites, products, smart-contracts, or Content
you access or use through the Service. You further expressly acknowledge and represent
that blockchain applications can be written maliciously or negligently, that Didux.io
cannot be held liable for your interaction with such applications and that such applications
may cause the loss of property or even identity. This warning and others later provided by
Didux.io in no way evidence or represent an on-going duty to alert you to all of the
potential risks of utilizing the Service or Content.
You agree to release and to indemnify, defend and hold harmless Didux.io and its
parents, subsidiaries, affiliates and agencies, as well as the officers, directors, employees,
shareholders and representatives of any of the foregoing entities, from and against any and
all losses, liabilities, expenses, damages, costs (including attorneys' fees and court costs)
claims or actions of any kind whatsoever arising or resulting from your use of the Service,
publicity rights, defamation or invasion of privacy. Didux.io reserves the right, at its
own expense, to assume exclusive defence and control of any matter otherwise subject to
indemnification by you and, in such case, you agree to cooperate with Didux.io in the
defence of such matter.
7. Limitation on liability
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR
YOUR USE OF THE SITE AND SERVICE. YOU ACKNOWLEDGE AND AGREE THAT ANY
INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE AND
SERVICE MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED
BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE
OF THE SITE AND SERVICE IS AT YOUR OWN RISK. RECOGNIZING SUCH, YOU
UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, NEITHER Didux.io NOR ITS SUPPLIERS OR LICENSORS 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 Didux.io HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM THE SITE OR SERVICE; THE USE OR THE INABILITY
TO USE THE SITE OR SERVICE; UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON THE SITE OR SERVICE; 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 SERVICE); 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 SITE OR SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU.
8. Our Proprietary Rights
The Didux.io is under Copyright © 2019 of Didux.io B.V.
The Didux.io uses code of MyEtherWallet as per their copyright license;
‘MIT License Copyright © 2015-2017 MyEtherWallet INC
Permission is hereby granted, free of charge, to any person obtaining a copy of this software
and associated documentation files (the "Software"), to deal in the Software without
restriction, including without limitation the rights to use, copy, modify, merge, publish,
distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the
Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or
substantial portions of the Software. ‘
The Service provides, or third parties may provide, links to other World Wide Web or
accessible sites, applications or resources. Because Didux.io has no control over such
sites, applications and resources, you acknowledge and agree that Didux.io is not
responsible for the availability of such external sites, applications or resources, and does not
endorse and is not responsible or liable for any content, advertising, products or other
materials on or available from such sites or resources. You further acknowledge and agree
that Didux.io shall not be responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with use of or reliance on any such
content, goods or services available on or through any such site or resource.
10. Termination and Suspension
Didux.io may terminate or suspend all or part of the Service and your Didux.io
access immediately, without prior notice or liability, if you breach any of the terms or
conditions of the Terms. Upon termination of your access, your right to use the Service will
The following provisions of the Terms survive any termination of these Terms: INDEMNITY;
WARRANTY DISCLAIMERS; LIMITATION ON LIABILITY; OUR PROPRIETARY RIGHTS;
LINKS; TERMINATION; NO THIRD PARTY BENEFICIARIES; BINDING ARBITRATION
AND CLASS ACTION WAIVER; GENERAL INFORMATION.
11. No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in these Terms, there shall be no
third party beneficiaries to the Terms.
12. Notice and Procedure For Making Claims of Copyright Infringement
If you believe that your copyright or the copyright of a person on whose behalf you are
authorized to act has been infringed, please send Didux.io a written notice containing
the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Service;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Didux.io can be reached at:
Lusthofstraat 17 B
3062 WB Rotterdam
13. Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR
LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
13.1 Initial Dispute Resolution
The parties shall use their best efforts to engage directly to settle any dispute, claim,
question, or disagreement and engage in good faith negotiations which shall be a condition
to either party initiating a lawsuit or arbitration.
13.2 Binding Arbitration
If the parties do not reach an agreed upon solution within a period of 30 days from the time
informal dispute resolution under the Initial Dispute Resolution provision begins, then either
party may initiate binding arbitration as the sole means to resolve claims, subject to the
terms set forth below. Specifically, all claims arising out of or relating to these Terms
(including their formation, performance and breach), the parties' relationship with each other
and/or your use of the Service shall be finally settled by binding arbitration administered by
the applicable law, the Dutch law, in the competent court, the Court of Rotterdam.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive
authority to resolve all disputes arising out of or relating to the interpretation, applicability,
enforceability or formation of these Terms, including, but not limited to any claim that all or
any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The
arbitrator shall be empowered to grant whatever relief would be available in a court under
law or in equity. The arbitrator's award shall be written, and binding on the parties and may
be entered as a judgment in any court of competent jurisdiction.
The parties understand that, absent this mandatory provision, they would have the right to
sue in court and have a jury trial. They further understand that, in some instances, the costs
of arbitration could exceed the costs of litigation and the right to discovery may be more
limited in arbitration than in court.
Binding arbitration shall take place in Rotterdam. You agree to submit to the personal
jurisdiction of any court in Rotterdam, Netherlands, in order to compel arbitration, to stay
proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the
award entered by the arbitrator.
13.4 Class Action Waiver
The parties further agree that any arbitration shall be conducted in their individual capacities
only and not as a class action or other representative action, and the parties expressly waive
their right to file a class action or seek relief on a class basis. YOU AND Didux.io
AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR
ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator
determines that the class action waiver set forth in this paragraph is void or unenforceable
for any reason or that an arbitration can proceed on a class basis, then the arbitration
provision set forth above shall be deemed null and void in its entirety and the parties shall be
deemed to have not agreed to arbitrate disputes.
13.5 Exception - Litigation of Intellectual Property and Small Claims Court Claims
Notwithstanding the parties' decision to resolve all disputes through arbitration, either party
may bring an action in state or federal court to protect its intellectual property rights
("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade
secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims
court for disputes or claims within the scope of that court's jurisdiction.
13.6 30-Day Right to Opt Out
You have the right to opt-out and not be bound by the arbitration and class action waiver
provisions set forth above by sending written notice of your decision to opt-out to the
following address: Didux.io, Lusthofstraat 17 B, 3062 WB Rotterdam, Netherlandsand
via email at firstname.lastname@example.org. The notice must be sent within 30 days of your first use of the
Service, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance
with the terms of those paragraphs. If you opt-out of these arbitration provisions,
Didux.io also will not be bound by them.
13.7 Changes to This Section
Didux.io will provide 30-days' notice of any changes to this section. Changes will
become effective on the 30th day, and will apply prospectively only to any claims arising
after the 30th day.
For any dispute not subject to arbitration you and Didux.io agree to submit to the
personal and exclusive jurisdiction of and venue in the Netherlands, Rotterdam. You further
agree to accept service of process by mail, and hereby waive any and all jurisdictional and
venue defences otherwise available.
The Terms and the relationship between you and Didux.io shall be governed by the
Dutch law without regard to conflict of law provisions.
14. General Information
14.1 Entire Agreement
These Terms (and any additional terms, rules and conditions of participation that
Didux.io may post on the Service) constitute the entire agreement between you and
Didux.io with respect to the Service and supersedes any prior agreements, oral or
written, between you and Didux.io. In the event of a conflict between these Terms and
the additional terms, rules and conditions of participation, the latter will prevail over the
Terms to the extent of the conflict.
14.2 Waiver and Severability of Terms
The failure of Didux.io to exercise or enforce any right or provision of the Terms shall
not constitute a waiver of such right or provision. If any provision of the Terms is found by an
arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that
the arbitrator or court should endeavour to give effect to the parties' intentions as reflected in
the provision, and the other provisions of the Terms remain in full force and effect.
14.3 Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action
arising out of or related to the use of the Service or the Terms must be filed within one (1)
year after such claim or cause of action arose or be forever barred.
14.4 Section Titles
The section titles in the Terms are for convenience only and have no legal or contractual
Users with questions, complaints or claims with respect to the Service may contact us using
the relevant contact information set forth above and at email@example.com.
15 Related Links
**THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF
CLASS ACTION RIGHTS AS DETAILED IN SECTION 13. PLEASE READ THE
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NO
INFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE
LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION
OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION
WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.