Dapper Service Terms of Use
Last updated May 15, 2020

Thank you for visiting https://accounts.meetdapper.com (the “Site”). This Dapper service user agreement is an important legally binding agreement between you (“you”, “your” or “User”) and Dapper Labs Inc. (“Dapper”, “we”, “us” or “our”). This agreement, the Dapper Service Privacy Policy, your Settings and such other terms as may be included in any of them by reference (collectively, the “Agreement”) govern your use of the Site, and the services of Dapper (collectively, the “Services”).

BY CLICKING ‘I AGREE’ OR ‘ACCEPT’ OR OTHERWISE ACCEPTING THIS AGREEMENT, YOU ARE AGREEING TO BE LEGALLY BOUND BY THIS AGREEMENT, SO PLEASE READ IT CAREFULLY PRIOR TO DOING SO. We strongly recommend that you frequently review this Agreement to ensure that you understand it and how it applies to your access to and use of the Services.

Please refer to the Glossary at the end of this Agreement for definitions of capitalized terms that are not defined in the text of the Agreement.

Users and Accounts

A User is prohibited from accessing or using the Services unless the User: (i) has accepted this Agreement; (ii) is located and domiciled in an Approved Region; (iii) is eighteen (18) years of age or older OR a parent or guardian has provided express consent for User to use the Services; (iv) is not a Prohibited User (as defined below); and (v) is not otherwise prohibited from using the Services. Persons under twelve (12) years of age are not permitted to use the Services, even if they have parental consent.

Following acceptance of this Agreement by a User, Dapper shall grant User a unique digital Account to access the Services and act as a record of Transactions. User will create and use a password to access the Account. Dapper may also provide User with access tokens for the Account. User shall not disclose such password or tokens or permit any third party to use them. User has full responsibility for use of their Account, password, and tokens. User will be given the ability to adjust Settings in the Account, which selected Settings are incorporated into this Agreement. User is exclusively responsible for those selections, even if they contain errors on the part of the User or cause losses to the User. User is exclusively responsible for all Transactions in the Account. Except as required to deliver the Services or as required by law, Dapper will not grant any third-party access to the User’s Account.

For initial signup for an Account, all User needs to provide is an email address and password.

Later, in the course of adding features to the Account or at Dapper’s discretion, User must, when and as requested, supply Dapper with additional User KYC Information. User represents that all User KYC Information provided is true and accurate and shall immediately update such information in the Account or by notice to Dapper if any of it changes. Dapper reserves the right to terminate this Agreement or suspend performance hereunder immediately on determining that any User KYC Information is false, inaccurate, misleading or out of date.

User shall immediately notify Dapper if User suspects any unauthorized use or access of the Account or otherwise suspects any security breaches or attempted security breaches in the Services, Account, a User Device, any NFT Wallet or those of any Other User.

User assumes exclusive responsibility for all Transactions and other activities that occur in User’s Account and through the Services and accepts all risks of any unauthorized access to User’s Account, to the maximum extent permitted by law.

Dapper may, but is not obligated to, offer or require enhanced security features for the Account, such as two-factor authentication. For any enhanced security features, User shall ensure the security of User’s Device or account (e.g. phone) that may be associated with the enhanced security features. Any mention of, or linking to, third parties by Dapper that provide such security features (“2FA Provider”) is offered as a convenience and shall not be considered an endorsement or requirement of Dapper to use such 2FA Provider.

Prohibited Users

Services are not offered to absolutely everyone.

The following Persons are prohibited from using the Services (each, a “Prohibited User”): (i) Persons who appear on the United States Department of the Treasury, Office of Foreign Assets Control (OFAC), Specially Designated Nationals List (SDN), United States Commerce Department’s Denied Persons or other similar lists; (ii) Persons who are nationals or residents of Cuba, Iran, North Korea, Sudan, Syria or any other country, territory, or other jurisdiction that is embargoed by Canada, the United States or listed at Exhibit “A” of this Agreement; (iii) Persons who are less than 18 years of age; (iv) Persons who are not residents of and located in an Approved Region; (v) Persons, or their Affiliates, who have been subject to an Account termination for cause; and (vi) Persons that are not individual natural persons, unless such Persons pass additional KYC requirements as indicated by Dapper. If User is an entity and not an individual person, please contact [email protected] Dapper reserves the right to add or remove Approved Regions at its sole discretion.

You are prohibited from accessing or using the Services in, from or through a location where your use of the Services would violate any Applicable Law. You represent and warrant that you are not a citizen or resident of any such jurisdiction, nor will you use the Services while located in any such jurisdiction.

The Services are not available in all jurisdictions. Dapper prohibits the use of the Services in certain jurisdictions, which jurisdictions may vary at Dapper’s sole discretion. Dapper may implement controls to restrict access to the Services from any jurisdiction from which use of the Services is prohibited. You shall comply with such restrictions, even if the methods imposed by Dapper to prevent the use of the Services are not effective or can be bypassed.

Prohibited Activities

Services cannot be used for absolutely any purpose.

User shall use the Services for only good faith Transactions for its own purposes and not on behalf of third parties. User shall not use the Services to, directly or indirectly, assist in any activity that is illegal in Canada, the U.S. or the jurisdiction of User or use the Services in relation to any other any Prohibited Activity (all of which are listed below in the Glossary). Dapper reserves the right to add or remove Prohibited Activities at its sole discretion.

Risk – NFTs

You acknowledge and agree that there are inherent risks associated with NFTs and that such risks extend to your use of the Services. These risks include, but are not limited to, the failure of hardware, software or internet connections, the risk of malicious software introduction and the risk of unauthorized access to your Account or NFT Wallets. It is your responsibility to familiarize yourself with the risks involved with NFTs, their protocols and networks. Use of the Services does not remove these risks. Dapper is not responsible for any communication failures, disruptions, errors, distortions or delays when using the Services, however they may be caused.

You acknowledge that an NFT has no inherent value nor does Dapper or any third party promise that an NFT has or will ever have any specific value. Transactions can take time to be confirmed and may, in some cases, not be completed. For example, if you initiate a withdrawal Transaction to settle NFTs to an External Wallet and you provide an incorrect or incomplete address, the withdrawn NFTs may be lost and may not be recoverable. If you attempt to send or receive NFTs that are not supported by the Services, the NFTs may be lost entirely and may not be recoverable. In no event will Dapper be liable to you or to any third party for any of the foregoing.

If the Services post a dollar value in association with a specific NFT in your Hosted Wallet, such posting shall not constitute a representation as to the actual or projected value of such asset. Instead, such posting constitutes either: (i) the potential value attributed to the NFT by another User; or (ii) Third Party Content published to the Site or Account for your general information only, and you should not rely on such posting for any financial decision. You agree that it is your responsibility to independently ascertain the value of your NFTs, without relying on the Services. Dapper is not, itself, offering to purchase or sell any NFTs from you or to you under this Agreement.

You understand and accept that there are also inherent risks associated with using any NFTs network, including Approved Networks. These risks include, but are not limited to, unanticipated changes to the network protocol or unknown vulnerabilities which may include or result in underlying technology attacks. Other possible risks may include forks or rollbacks of NFTs, networks, or blockchains. Dapper has no control over any Approved Networks and will not be responsible for any loss you suffer when you transact via any Approved Network.

Services

The Services include the right, subject to the terms of this Agreement, to:

  • use the Site to access the Account and Services;
  • use an Account, described in greater detail above;
  • use a Hosted Wallet, described in greater detail below;
  • cause Dapper to send and receive User Data to and from PSW Provider and other Third Party Servicers.
Hosted Wallet for NFTs

The Hosted Wallet is an NFT hosted wallet Service provided to User.

(i) Hosted Wallet Deposit

The Hosted Wallet Service permits the User to generate one or more addresses through the Account to which User may transfer NFTs from an External Wallet. User may be required to verify that they control the External Account prior to Dapper accepting or allowing User to transact in NFTs from the External Account. Deposits to the Hosted Wallet will not be immediately available for use in the Services; they may be subject to delays on the Approved Network, holds imposed to reduce fraud or other risks, or other limitations pursuant to the AML Program or otherwise. User must not transfer NFTs that are not supported by Dapper to a Hosted Wallet , as indicated in the Services and the Account. If User transfers any NFTs that are not supported by Dapper to a Hosted Wallet, such NFTs may be permanently lost; a loss for which Dapper shall not be liable. NFTs in a Hosted Wallet can only be used in connection with Services and not for any transactions outside of the Services. If User wishes to use their NFTs for activities other than the Services, User must first transfer them to an External Wallet.

(ii) Hosted Wallet NFT Contents

As and when User deposits NFTs into the Hosted Wallet, the Service shall indicate the presence of each NFT in the Hosted Wallet. Dapper holds Hosted Wallet NFTs.

(iii) Hosted Wallet NFT Withdrawal

Should Dapper enable a withdrawal feature, on instructions from User through the Account, Dapper shall debit the Hosted Wallet and send the User-specified NFT to an External Wallet specified by the User. The Hosted Wallet will also be debited when User initiates an Exchange Transaction that includes a debit of the User-specified NFT. As discussed below in this Agreement, Dapper shall automatically debit User PSW for the amount of Fees owing under this Agreement. Dapper shall also freeze or debit the Hosted Wallet where it is required to do so by Applicable Law. Fees may apply to deposit or withdrawals of NFTs and as otherwise set forth herein or in the Account.

(iv) External Wallets

Dapper does not assume any liability with respect to any External Wallet. User must familiarize themselves with the terms of use, technology and security protocols of any External Wallet (e.g. saving private keys in a safe place etc.). External Wallets may levy fees on User for Transactions; Dapper is not liable for any such fees. If an External Wallet rejects NFTs sent to it from the Hosted Wallet, Dapper shall not be liable for any losses related thereto.

User represents to Dapper that any External Wallet used by User to send NFTs to the Hosted Wallet or to withdraw NFTs from the Hosted Wallet is owned and controlled exclusively and directly by User and no other Person. Dapper reserves the right to put a hold on funds from an External Wallet or block the use of an External Wallet for withdrawals from the Hosted Wallet where Dapper is not satisfied, in its sole discretion, that the foregoing representation is true. Acceptance by Dapper of NFTs from an External Wallet or permitting withdrawals to one does not constitute Dapper confirmation as to legal title therein. On request by Dapper, User shall provide External Wallet addresses for each NFT held in the Hosted Wallet so that Dapper can, if either requested by User or otherwise necessary under the terms of this Agreement, return all NFTs of the User to such External Wallets.

User PSW

Dapper shall assist User in entering into a User PSW Agreement with PSW Provider (being a payments and Stablecoin wallet provider) which, if approved by PSW Provider, shall result in User obtaining a User PSW. The User PSW is not provided by Dapper and Dapper does not take possession of Fiat or Stablecoin deposited therein. All User rights and privileges with respect to the User PSW are set out in the User PSW Agreement. Dapper has no liability for Fiat or Stablecoin Transactions, all of which liability rests with PSW Provider.

User hereby appoints Dapper as its agent to send and receive User Data to and from PSW Provider, including but not limited to instructions to initiate Fiat or Stablecoin Transactions from the User PSW.

(i) User PSW Load

If User wishes to add Fiat or Stablecoin to the User PSW, they can do so using PSW Provider and sending instructions to it through the Account, provided that the User can send such Fiat or Stablecoin only from an External PSW that is owned exclusively by User or an External PSW that is otherwise acceptable to Dapper.

(ii) User PSW Balance

The Account will post User Data concerning the User PSW balance.

(iii) User PSW Withdraw

If User wishes to withdraw funds from the User PSW, they can do so by instructing the PSW Provider to do so via instructions sent through the Account.

Transactions

The Services allow Users to engage in a variety of Transactions.

Transactions are subject to the following rules and disclaimers, without limitation:

  • You represent that you are using NFTs primarily as objects of play and not for investment or speculative purposes;
  • Dapper does not control any Approved Network and makes no representations to its ability to complete a given Transaction;
  • Dapper does not take possession of any Fiat or Stablecoin and makes no representations as to the PSW Provider’s ability to store or fulfill Transactions;
  • Dapper shall have no liability if a Transaction is delayed or fails on account of errors, lack of processing capacity or other failure of an Approved Network, or PSW Provider;
  • Dapper does not control External Wallets, External PSWs, or User PSWs and shall have no liability to User for their failures, fees and other risks associated with User use of the same;
  • Without prior notice or consent of User, Dapper reserves the right to impose, in its sole discretion, User, geographic, quantum, velocity, Fiat, Stablecoin, NFT kind and other limits on Transactions in order to protect User, Other Users, Dapper and its suppliers from legal, fraud, security or other risks;
  • Dapper is not able to reverse any Transaction. Dapper bears no responsibility or liability for Transactions initiated by User that contain incorrect, erroneous or improperly formatted User Data or are intended for a different type or destination of NFT, External Wallet, or PSW Provider;
  • User has the exclusive responsibility to ensure that their Transactions are carried out: (i) in compliance with Dapper requirements set out herein and in the Account; (ii) in compliance with any applicable Third Party Servicer or NFT requirements; (iii) using addresses and information that are true, correct, and free of error; and (iv) in compliance with the User PSW Agreement, and any other applicable Third Party Servicer Agreement; and
  • Dapper reserves the right, in its sole discretion, to prohibit Transactions from or to any External Wallet or External PSW in order to reduce the risk of fraud, security breaches, or other risks and also to comply with Applicable Law.

Failure by User to adhere to the foregoing rules may result in the permanent loss of their NFTs or Fiat for which Dapper shall have no liability.

Dapper Regulatory Status

Dapper is a hosted NFT service that is integrated with third parties who provide Fiat and Stablecoin custodial services directly to User, including the PSW Provider.

Dapper is not registered with the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) or U.S. Department of the Treasury Financial Crimes Enforcement Network (FinCEN) as a money services business.

Dapper is not a bank. There is no FDIC insurance on Hosted Wallet NFTs. User acknowledges that NFTs have no intrinsic value. Fiat or Stablecoin balances, if any, are not held by Dapper.

The Services may be unavailable or subject to certain restrictions in certain states or jurisdictions at the sole discretion of Dapper without prior notice to you and without your consent.

Third Party Servicers

If User has a User PSW, then Dapper shall share User Data with the PSW Provider and also retrieve User Data from PSW Provider. Such exchanges of information shall be in furtherance of instructions given by User through the Account and may result in Transactions.

As per Settings, User also authorizes Dapper to send and receive User Data to and from other Third Party Servicers.

If User authorizes Dapper to take instructions from User, or in respect of an Account, via a Third Party Servicer, then such instructions shall be deemed delivered to Dapper by User directly.

User represents that each Third Party Servicer is party to a Third Party Servicer Agreement with User and that User assumes exclusive responsibility for acts and omissions of all Third Party Servicers whether under the Third Party Servicer Agreement, with respect to User Data or otherwise. The use of a Third Party Servicer does not relieve User of any of its responsibilities or obligations under this Agreement. User is liable for any and all fees charged by Third Party Servicers. Unless indicated to the contrary in the Account, Fees for Services do not include fees applicable under Third Party Servicer Agreements.

Personal Information Consent

On sign-up for the Services and at other times throughout the term of this Agreement, as a condition to accessing the Services, User shall provide User KYC Information to Dapper for purposes of verifying User identity, implementing the requirements of the AML Program and monitoring the User, Account and Transactions for suspicious activity. These identity verifications and screening procedures may include, but are not limited to, detection of money laundering, terrorist financing, fraud, or any other financial crime, checking the information you provide against the anti-terrorism financing list, maintained by the Office of the Superintendent of Financial Institutions (available at http://www.osfi-bsif.gc.ca/Eng/fi-if/amlc-clrpc/atf-fat/Pages/default.aspx), pursuant to subsection 83.05(1) of the Canadian Criminal Code (the Regulations Implementing the United Nations Resolutions on the Suppression of Terrorism and United Nations Al-Qaida and Taliban Regulations) or Specially Designated Nationals and Blocked Persons list maintained by the United States Department of the Treasury Office of Foreign Assets Control (OFAC), the United States Department of Commerce Denied Persons list, or any other similar list issued by any United States governmental authority or any other Regulator having jurisdiction under Applicable Law prohibiting or limiting business activities with any person.

User authorizes Dapper to, directly or through third parties, make inquiries and take any other actions Dapper deems reasonably necessary to verify User identity, and the information User has provided. User acknowledges and agrees that such inquiries will result in User KYC Information being disclosed to credit reference and fraud prevention or financial crime agencies and services. Where Dapper is not entirely satisfied that it has verified User identity, it reserves the right to limit User access to some or all Services.

User consents to Dapper collecting, storing, processing and disclosing User KYC Information and other User Data as required to perform the Services and in accordance with the Privacy Policy and AML Program.

Unacceptable use or behavior

User alone is responsible for User actions, conduct, and behavior while using the Services. User shall not:

  • Use or attempt to use any Other User’s account;
  • Engage in activity, or use the Services in any manner, that imposes an excessive burden on Dapper, or exposes either to excessive security, financial or reputational risk, each as determined by Dapper in its sole discretion;
  • Engage in any behaviors that disrupt or negatively affect or inhibit Other Users from fully enjoying the Services or those of Third Party Servicers;
  • Detrimentally interferes with, intercept, or expropriate Dapper systems, data, or information;
  • Transmit or upload to Dapper or the Services any malware, virus, trojan horses, worms, or other harmful programs;
  • Circumvents, or attempts to circumvent, any content filtering techniques used by Dapper;
  • Access, or attempt to access, any feature of the Services that User is not authorized to access;
  • harass, stalk, threaten, defame, abuse, violate or infringe the legal rights of others, or otherwise be deceptive or objectionable, each as determined by Dapper in its sole discretion;
  • Post or distribute unsolicited content, promotions, campaigns, or commercial messages (SPAM), or any message or user content designed to advertise a third party product or service or deceive Other Users or other third parties;
  • Post content or collect content containing private information of any Other User or third party, including but not limited to phone numbers, email addresses, mailing addresses;
  • Violate any intellectual property rights; or
  • Induce or encourage any third party to engage in any activities or behaviors prohibited in this section.
Fees

Fees are as disclosed in the Account. You authorize Dapper to instruct PSW Provider to release the amount of Fees, or other amounts of which you are liable hereunder, to Dapper from the External Wallet maintained by your PSW Provider. If there is no such External Wallet or if there is insufficient value therein to pay Fees, you agree to pay them to Dapper by such means as Dapper may reasonably require within five (5) days of when they are first posted as owing in your Account.

Dapper may make third party products or services available via the Site or otherwise through the Services. Such third parties, including PSW Provider, may charge fees for their services. Dapper is not responsible for the fees charged by any such third parties.

Approved Networks charge network fees. These fees are often required to cover the transaction costs on virtual currency networks and may apply to Transactions. Unless indicated otherwise in your Account or elsewhere in the Services, you are solely responsible for paying all network fees. Dapper will not advance nor fund network fees on your behalf, nor be responsible should the network fee paid be insufficient or excessive. Your Hosted Wallet or User PSW from which you wish to send must hold sufficient NFTs, Fiat or Stablecoin to cover the transaction and its associated network fees, failing which the transaction may be blocked, might fail or result in your value being suspended temporarily or forever.

Term and Termination

User can terminate this Agreement at any time for any reason or for no reason by closing their Account. Prior to termination by User, User shall remove their NFTs from the Hosted Wallet and cause them to be sent to an External Wallet. Such Transactions on termination may be subject to at least a 30 day fraud-prevention hold term, and such other restrictions as may be necessary to prevent fraud or security breaches.

Dapper may, at any time and in its sole discretion, without prior notice, and without any liability to you, modify or discontinue any portion of our Services, either temporarily or permanently.

At any time and in its sole discretion, without prior notice, and without any liability to you, Dapper may (i) cancel or deactivate User’s Account; or (ii) temporarily or permanently, suspend, restrict, or terminate access to any or all of Services for any reason or for no reason. Dapper is under no obligations to disclose its reason for any termination or suspension of the Service for User or generally.

Dapper shall not be liable for any losses suffered by User resulting from any suspension or termination of the Services. You agree that your NFTs will be impossible to access during a suspension of Services.

In the event of any termination of this Agreement, discontinuation of all Services, or termination of your right to access all Services: (i) all Fees and amounts payable to Dapper by you shall immediately become due, (ii) Dapper may delete User Data without any liability to User, provided that Dapper also reserves the right to retain User Data for seven (7) years following termination; and (iii) Dapper may cancel any Transactions that are pending at the time of the termination of your right to access all Services or discontinuation of the Services. Dapper reserves the right to retain aggregated anonymized User Data for longer in order to improve Services, prevent fraud and produce aggregated statistics.

On any termination of the Services or termination of this Agreement, Dapper shall: (i) return all NFTs in its possession to User; and (ii) instruct PSW Provider to transfer any User PSW Fiat or Stablecoin to a User External PSW. In order to fulfill this obligation, User must provide Dapper with External Wallet addresses for each NFT and an External PSW, failing which Dapper shall not return NFTs, or cause PSW Provider to return Fiat, to User. If, after reasonable efforts, Dapper cannot reach User for such purposes then NFTs of the User shall be remitted to the relevant governmental agency in the jurisdiction of User.

Third party content

In the Services, you may view or otherwise access Third Party Content. Dapper does not control or endorse any Third Party Content. Dapper shall have no liability for Third Party Content, including without limitation any material that may be erroneous, incomplete, misleading, offensive, or otherwise objectionable. Further, User interaction with such Third Party Content is between User and the third parties and shall be subject to the third parties’ terms of use. User acknowledges and agrees that use of any Third Party Content is at their own risk, and that Dapper is not responsible for any loss or damage in connection with such use.

Taxes

It is your sole responsibility to comply with Applicable Laws related to your use of the Services including, without limitation, to pay any and all taxes that apply to any Transactions you have made using the Services. It is your sole responsibility to report and remit the correct tax amount to any and all tax authorities. You acknowledge and agree that Dapper is not responsible for determining the amount of any taxes you owe, nor is Dapper responsible for determining if taxes apply to your use of the Services, nor is Dapper responsible for collecting, reporting, or withholding any taxes arising from your use of the Services.

Unclaimed property

If a User Account is inactive for one year, then Dapper will make an attempt to return any NFT balances to the User, but if it is unable to find the User, Dapper shall escheat those NFTs to the relevant governmental authorities in the jurisdiction where the User last indicated they were residing within thirty (30) days of the end of such year.

Property disputes

If Dapper receives notice or allegation that any NFTs held in your Hosted Wallet are stolen or lawfully not yours to possess, Dapper may, but has no obligation to, place an administrative hold of undetermined length on those NFTs or the whole of the Hosted Wallet, User PSW, or Account. Such hold may include but may not be limited to a suspension of access to the Services. Dapper shall not be liable for any losses incurred by User, or diminished value in NFTs, that occur in the course of an administrative hold, suspension or termination of access to any portion of or all of the Services in a property dispute. Dapper retains the right to report illegal or suspicious activity to the appropriate Regulators.

Electronic notices

User agrees to receive all communications, including but not limited to, User Agreement, other applicable policies, updates to the same, statements, reports, invoices, receipts, notices, disclosures, legal or regulatory statements, or documents (collectively, the “Communications”) with respect to User’s Account and User’s use of the Services via electronic delivery.

By consenting to electronic delivery, User authorizes Dapper to deliver Communications by (i) email notification, or (ii) via SMS or text message to a mobile phone number User has provided, or (iii) by sending User an email message containing a link to, or a notice that directs User to, the Site where the communication or document can be read or printed.

Dapper shall have no liability and User shall fully indemnify Dapper for any and all losses, liabilities, costs, expenses, demands, charges and claims of any kind resulting from User’s reliance on email or User’s Devices or failures in User’s email systems or Devices. If User prefers not to accept these risks, then User shall not create an Account or use the Services.

It is the responsibility of User to provide Dapper with an up to date, true, accurate, and complete email address and to make sure Dapper emails are not deleted or otherwise missed on account of spam filters.

User’s consent to receipt of electronic statements, reports and other Communications shall be valid until User withdraws such consent by notifying Dapper in writing, in which case: (i) Dapper shall provide statements, reports and other Communications on paper; and (ii) Dapper may suspend or terminate the Account and access to the Services.

Risk disclosures, assumption of risks, and release of Dapper

Other than as expressly set forth in this Agreement, Dapper shall not be liable for any risks inherent in the Services or related NFTs or losses that may be incurred by User as a result thereof. User agrees to and does hereby: (i) release Dapper from any and all liability related to or arising from risks inherent in the Services and related NFTs, except as expressly set forth in this Agreement, and (ii) assume all risks inherent in the Services and related NFTs including, but not limited to, the following:

  • Risk of the Approved Network ceasing to operate rendering a NFT impossible to be subject to a Transaction and entirely without use. The market for NFTs may also collapse without warning or discernible logic.
  • There is risk that changes in Applicable Law could adversely affect User’s right to legally use, transfer, exchange, and/or obtain value from NFTs. It may be illegal, now or in the future, to own, hold, sell or use NFTs in one or more countries, including the United States.
  • Transactions in NFTs are, as a rule, irreversible. Consequently, losses due to fraudulent or accidental Transactions are generally not recoverable. Once a Transaction has been recorded on the Approved Network it is not reversible. It is possible that, through computer or human error, or through theft or fraud, User NFTs could be transferred in incorrect amounts or to unauthorized third parties.
  • Some NFT Transactions shall be deemed to be made when recorded on the Approved Network, which is not necessarily the date or time that the User initiated the Transaction.
  • NFTs are a target of fraud and cyber-attacks. On your Devices and External Wallets, such fraud and attacks can result in total loss to the User. In the Hosted Wallet, Dapper makes commercially reasonable efforts to verify that User is the true initiator of Transactions, but where User’s Account is compromised such efforts may fail and could result in total loss of User NFTs in the Hosted Wallet. Attacks on Dapper may also result in unplanned and significant Unscheduled Downtime during which Transactions will not be executed. Absent fraud or intentional wrongdoing on the part of Dapper, Dapper shall not be liable for User losses on account of any of the foregoing circumstances or compromised Account credentials.
  • The Services and NFTs rely on the internet, that includes third party hardware, software, and internet connections, all of which may suffer communication failures, disruptions, errors, distortions or delays that might affect User’s ability to access and use the Services such as the Account and Hosted Wallet.

User shall carry out their own independent analysis and assessment of the risks specific to the NFTs and the Services.

Approved Networks

Dapper’s decision to support any particular NFT via its Services is not an endorsement or approval of the NFT’s value, security, operation, or underlying technology. Dapper’s decision to support any individual NFT does not reduce any risks associated with the NFT. Dapper does not make any warranty about the suitability of any NFT for ownership or trading.

You acknowledge and agree that Dapper retains the right, in its sole discretion, to determine whether to support, or not support, certain NFTs to be used in conjunction with the Services. Dapper may discontinue or terminate support for any NFT at any time, for any or no reason. Dapper will make reasonable efforts to provide advance notification of any termination or discontinuation of support of an NFT. If you do not transfer an NFT out of your Hosted Wallet by the date specified in such advance notice, the NFT may be lost. Dapper will not be liable to you for any losses, liability, or expenses related to any discontinuation or termination of support of any NFTs.

Copyright; intellectual property rights; trademark

Unless otherwise expressly indicated by us, all copyright and intellectual property rights in all content and materials (including but not limited to our logo, designs, text, graphics, files, videos, and displayed text, collectively “Dapper Materials”) contained on our Site or affiliate sites provided in connection with our Services are the proprietary property of Dapper, or our suppliers, licensors, or third party affiliates, and are protected by U.S. and international property laws.

We grant you a limited, non-exclusive, non-sublicensable license to access and use the Dapper Materials for your personal use. Such license does not permit the: (i) distribution of Dapper Materials, (ii) resale of Dapper Materials, (iii) making derivative works of Dapper Materials, or (iv) decompilation, disassembling, reverse engineering, or any other attempt to discover the source code of the Site, Services, or Dapper Materials. This license shall automatically terminate if your access to the Services is suspended or terminated by us. “Dapper”, “Dapper Labs Inc.”, any product or service names, logos, and other marks used on the Site or in Dapper Materials, or that we otherwise use in connection with the Services are trademarks owned by Dapper and our licensors. Without our prior written consent, you may not copy, imitate, or use Dapper trademarks.

We reserve the right to limit, deny, or terminate access to our Services with respect to any person who infringes on the intellectual property rights of others. If you knowingly misrepresent that any activity or Dapper Materials are infringing on the intellectual property rights of another party, you may be liable to Dapper for certain costs or damages.

Feedback; user content

Dapper shall own and have exclusive rights (including but not limited to intellectual property rights) to any feedback, ideas, suggestions, or other materials or information that you provide through chat, email, posting through our Service, or otherwise (“Feedback”). You acknowledge and agree that any Feedback you submit is not confidential. You shall not be entitled to, and hereby waive any claim for, acknowledgement or compensation related to any Feedback you provide. You grant Dapper the right to unrestricted use and dissemination of any Feedback you provide, without acknowledgement or compensation to you.

You hereby grant Dapper a royalty free, irrevocable, perpetual, and exclusive worldwide license to use, copy, modify, display, publish, or distribute, in any form, any text, images, data, or materials or other content that you provide to Dapper using the Services, or submit, post, or otherwise send to Dapper that is not Feedback (the “User Content”). Dapper may remove any User Content from the Site or the Services at any time for any or no reason.

Disclaimer of warranties

THE SERVICES ARE PROVIDED TO YOU ON A STRICTLY “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. DAPPER EXPRESSLY REFUSES TO REPRESENT OR WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES, SITE, SERVICES OR THE INFORMATION CONTAINED THEREIN OR ANY ASPECT OF ANY SERVICE CONTAINED THEREON.

YOU ACKNOWLEDGE THAT INFORMATION AND NFTs YOU STORE OR TRANSFER USING OUR SERVICES MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED, OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES INCLUDING, BUT NOT LIMITED TO, INTERNET OUTAGES, FORCE MAJEURE EVENTS OR OTHER DISASTERS INCLUDING THIRD PARTY DOS ATTACKS, SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, SCHEDULED OR UNSCHEDULED DOWNTIME OR MAINTENANCE, COMPUTER OR HUMAN ERROR, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OUR CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES AND RECORDS OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES.

SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS; THEREFORE, SOME OR ALL OF THE DISCLAIMER OF IMPLIED WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.

Limitation of liability

IN NO EVENT SHALL DAPPER, ITS AFFILIATES OR SERVICE PROVIDERS, LICENSORS OR THEIR RESPECTIVE DIRECTORS, SHAREHOLDERS, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, JOINT VENTURERS, OR REPRESENTATIVES, BE LIABLE FOR: (I) ANY AMOUNTS GREATER THAN THE VALUE OF THE FEES PAID BY YOU TO DAPPER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH LIABILITY; (II) ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM DAPPER, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, VIRUSES, OR DELAYS IN SERVICES OPERATION OR TRANSMISSION; (III) ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, OR DESTRUCTION ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE SERVICES, OR THIS AGREEMENT; OR (IV) ANY LOST PROFITS, OR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE EVEN IF AN AUTHORIZED REPRESENTATIVE OF DAPPER HAS BEEN ADVISED OF, OR KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING THE FOREGOING, IF USER HAS DIGITAL ASSETS IN THE HOSTED WALLET, AND USER WISHES TO WITHDRAW THE NFTs TO AN EXTERNAL WALLET, THE FOREGOING LIMITATION ON DAPPER LIABILITY MAY NOT SERVE TO LIMIT DAPPER’S OBLIGATION TO SETTLE SUCH NFTs TO EXTERNAL WALLETS OF THE USER.

SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE, SOME OR ALL OF THE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO USER WHERE THEIR APPLICATION IS REDUCED BY APPLICABLE LAW.

Indemnification

You agree to indemnify and hold harmless Dapper, our officers, directors, shareholders, employees, agents, affiliates, attorneys, suppliers, contractors, representatives and service providers (collectively, “Indemnified Parties”), from any and all claims, demands, actions, lawsuits, proceedings, investigations, liabilities, damages, losses, costs, expenses, fines and penalties including, without limitation, reasonable attorney’s fees, arising out of or related to (i) your breach of this Agreement, (ii) your violation of any Applicable Law, or the rights, including intellectual property rights, of any other person or entity, (iii) your use or misuse of our Services, (iv) your conduct in connection with the use or misuse of our Services, and (v) your negligence, fraud, willful misconduct or misrepresentations. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding and determine if we wish to settle it, and if so, on what terms.

Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY, AS IT LIMITS THE MANNER IN WHICH YOU MAY SEEK RELIEF, AND REQUIRES YOU ARBITRATE DISPUTES WITH US. If you have a dispute with us, we will first seek to resolve such a dispute through our support team.

All disputes arising out of or in connection with this Agreement or the Services or in respect of any legal relationship associated therewith or derived therefrom will be referred exclusively to and finally resolved by arbitration administered by the British Columbia International Commercial Arbitration Centre (BCICAC) pursuant to its applicable Rules posted here: http://bcicac.com. The appointing authority will be the British Columbia International Commercial Arbitration Centre. There will be a single arbitrator who shall be a practicing B.C. lawyer in accordance with the applicable BCIAC rules. Each party will cover its own fees and costs associated with the arbitration proceedings; however, if the arbitrator finds that you cannot afford to pay the fees and costs reasonably associated with the arbitration proceedings, Dapper will pay them for you. Arbitration will take place in the English language in Vancouver, British Columbia, Canada. You may choose to have the arbitration conducted by telephone, based on written submissions. The award of the arbitrator will be final and binding, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The parties agree that they will not appeal any arbitration decision to any court. Notwithstanding the foregoing, Dapper may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction, and you agree that this Agreement is specifically enforceable by Dapper through injunctive relief and other equitable remedies without proof of monetary damages. The parties expressly waive their right to a jury trial and also waive their right to participate in a class action claim related to this Agreement.

NOTICE: BOTH YOU AND DAPPER ARE AGREEING TO HAVE ALL DISPUTES, CLAIMS OR CONTROVERSIES ARISING OUT OF OR RELATING TO THIS AGREEMENT DECIDED BY NEUTRAL BINDING ARBITRATION AND ARE GIVING UP ANY RIGHTS IT MIGHT POSSESS TO HAVE THOSE MATTERS LITIGATED IN A COURT OR JURY TRIAL. BY AGREEING TO THIS AGREEMENT, BOTH YOU AND DAPPER ARE GIVING UP THEIR RESPECTIVE JUDICIAL RIGHTS TO DISCOVERY AND APPEAL EXCEPT TO THE EXTENT THAT THEY ARE SPECIFICALLY PROVIDED FOR UNDER THIS AGREEMENT. IF ANY PARTY REFUSES TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, THAT PARTY MAY BE COMPELLED TO ARBITRATE UNDER FEDERAL OR PROVINCIAL LAW. BOTH YOU AND DAPPER CONFIRM THEIR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.

Governing law

These Terms shall be governed by and construed in accordance with British Columbia, Canada law, without regard to principles of conflict of laws.

SEVERABILITY

This Agreement and any policies incorporated herein by reference shall be deemed severable. The invalidity or unenforceability of any of the terms or provisions of this Agreement, and any policies incorporated herein by reference, or the invalidity or unenforceability of the application thereof to any individual, entity or circumstance, shall not affect the application of such terms or provisions to individuals, entities or circumstances other than those as to which they are held invalid or unenforceable, and shall not affect the validity or enforceability of any other terms or provisions of this Agreement. Each term and provision of this Agreement and any policies incorporated herein by reference shall be valid and enforceable to the fullest extent permitted by law.

Assignment

Dapper may assign any of its rights or obligations under this Agreement without your consent and without prior notice to you. You may not assign or transfer any of your rights or obligations under this Agreement, in whole or in part, by operation of law or otherwise, without the prior written consent of Dapper, which may be withheld in Dapper’s sole discretion. Any actual or attempted assignment hereof by User contrary to the terms of this Agreement shall be null and void. Dapper may, at its discretion, assign some or all of its rights or obligations to a third party, without consent or approval of User. In the event that Dapper is acquired by, sold to, or merged with a third party entity, Dapper reserves the right to transfer or assign all User Data as part of such merger, acquisition, sale, or change of control.

Amendments

Dapper reserves the right to amend this Agreement at its sole discretion, without your consent. This Agreement may be amended by Dapper by Dapper providing notice of the amendment (i) by email to the email account used to create your Account; (ii) by posting a new version hereof to the Services; or (iii) by your accepting a revised version of this Agreement at an Account login. Where you have accepted the amendment or where the amendment is required by a change in Applicable Law, or to address a security or compliance requirement, as indicated in the notice of amendment contemplated above, the amendment shall take effect as of when this Agreement is updated or the notice contemplated above has been sent, otherwise, the amendment shall take effect if you do not close your Account within thirty (30) days following the notice contemplated above. If you do not agree with a proposed or actual amendment to this Agreement, your sole remedy is to discontinue use of the Services and close your Account.

NON-WAIVER OF RIGHTS

Any failure or delay by Dapper to exercise any right, privilege, or power under this Agreement shall not operate as a waiver thereof. This Agreement shall not be construed to waive any rights that cannot be waived under Applicable Laws.

Force majeure

Dapper shall have no liability or responsibility for; (i) failure in performance or interruption of service (ii) any inaccuracy, error, delay in, or omission of information or transmission of information, (iii) any loss or damage that you may incur, which results directly or indirectly from any force majeure event including, but not limited to flood, act of civil or military authorities, terrorist acts, extraordinary weather conditions, pandemic, fire, pandemic, war, strike or other labor dispute, interruption of telecommunication services, accident, power failure, hardware or software malfunction, any act of god, or any other act that is beyond our reasonable control.

Independent relationship; no broker or agent

Dapper is an independent contractor, and nothing in the nature of the Services or any provisions in this Agreement shall be deemed, or cause, or is intended to cause User and Dapper to be treated as partners, joint venturers, or as an agent of the other party. Dapper is not User’s broker, intermediary, agent, or financial advisor, and Dapper has no fiduciary obligation to User in connection with any Transactions, or other acts or omissions of User with respect to the Services. For the avoidance of doubt, Dapper is in no manner providing investment advice, tax advice, legal advice, or other professional advice whether through the Services or otherwise. Dapper does not recommend or endorse that you purchase or sell any NFT or that you make any investment or enter into any trade or Transaction.

Before engaging in any trading or investment activity, User should always consult a qualified professional.

Survival

All provisions of this Agreement, and any policies incorporated herein by reference, which by their nature extend beyond the expiration or termination of this Agreement shall survive the termination or expiration of this Agreement. Such provisions include, but are not limited to, sections and provisions relating to Account termination or suspension, funds due to Dapper, disputes with Dapper, Risk Disclosures, Unclaimed Property, Copyrights, Trademarks, Eligibility, Disclaimer of Warranties, Limitation of Liability, Indemnification, Binding Arbitration, and Governing Law.

Contact

If you have any feedback, comments, complaints or questions other than technical support, you can contact us using the contact information on our Site. When contacting us, please be sure to provide us with your name, contact information and any other information we may need to identify you, your Dapper Account and any transaction on which you have questions, comments, or complaints.

Headings

Section headings and section labels are provided for convenience only, and do not form part of this Agreement and shall not affect in any way the meaning or interpretation of this Agreement.

English

This Agreement is presented in the English language. Any translation of this Agreement is for your convenience, and any meanings of terms, conditions, or representations are subject to the definition and interpretation of the English language.

Entire agreement

This Agreement, and the policies incorporated herein by reference, constitute the entire understanding and agreement between User and Dapper regarding the Services. This Agreement, and the policies incorporated herein by reference supersede all other representations, agreements and understandings, both written and oral, including without limitation any prior versions of this Agreement, among User and Dapper with respect to the Services. In the event of any conflict between this Agreement and any other agreement User may have with Dapper, unless the other agreement specifically references and identifies this Agreement, this Agreement shall control.

Glossary

For the purposes of this Agreement, the terms below in this glossary have the meanings indicated below:

Account means a unique account created and hosted by Dapper and shall serve as a record of: (i) your acceptance of this Agreement; (ii) your use of the Services; and (iii) Transactions.

Affiliate means, in relation to a Party, another person or entity that directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or common control with the Party, or a Party's principal partners, shareholders, or owners of some other ownership interest.

AML Program means the anti-money laundering and know your customer programs, policies and procedures in place at Dapper, such as they may be from time to time.

Applicable Law means, with respect to any Person, any domestic or foreign, federal, state, provincial or local statute, law, ordinance, rule, administrative interpretation, regulation, order, writ, injunction, judgment, decree or other requirement of any Regulator which is legally binding and applicable to such Person or any of its Affiliates or any of their respective properties, assets, equity holders, officers, directors, members, partners, employees, consultants or agents.

Approved Network means the blockchain or network supporting a NFT and Transactions in that NFT.

Approved Regions means Canada, the United States and those places not listed in Exhibit “A” to this Agreement and where the Services are made available, such as they may be from time to time.

Assets means, collectively, all NFTs in a Hosted Wallet and all Fiat and Stablecoin in the User PSW.

External PSW means an account of the User at a third party payment or Stablecoin wallet provider that is not the PSW Provider.

External Wallet means a NFT Wallet owned by you or a third party and from which Dapper is not capable of initiating any Transaction.

Fees means the fees applicable to the Services, or any element thereof, indicated in the Services or in your Account, such as they may be from time to time.

Fiat means real currency, specifically United States Dollars.

Fiat or Stablecoin Transaction means a Transaction involving the transfer of Fiat or Stablecoin, respectively.

Hosted Wallet means the Dapper-hosted custodial service of allowing the User to deposit with Dapper, store with Dapper, transfer or withdraw NFTs, via the Account.

NFT means a one-of-a-kind, non-fungible, cryptographic token representing a unique digital asset for which there is no copy or substitute. An NFT cannot be substituted for another NFT as each NFT is distinctive and unique in some way. An NFT is not a medium of exchange and is not convertible virtual currency. A CryptoKitty is an NFT.

NFT Transaction means a Transaction involving NFTs being transferred from one NFT Wallet to another.

NFT Wallet means the Hosted Wallet, or a third party service, device, code or protocol used to store NFTs or initiate NFT Transactions via the Account or otherwise.

Other User means a Person that is not the User or an Affiliate of the User, who is party to an agreement with Dapper substantively identical to this Agreement and that is a user of the Services;

Person means any individual, corporation, limited liability company, partnership, joint venture, trust, unincorporated organization, Regulator or government or any agency or political subdivision thereof.

Privacy Policy means the Dapper NFT Service Privacy Policy, posted at the Site, such as it is from time to time.

PSW Provider means a third party who provides Users with Fiat payments capabilities and Stablecoin Wallets subject to the User PSW Agreement. Circle Internet Financial, Inc. is a PSW Provider.

Regulator means any federal, provincial, state or local or foreign government or any court, arbitrator, administrative or regulatory agency or commission or other governmental authority or agency.

Settings means selections you make through the Account or in a means otherwise provided by Dapper from time to time.

Stablecoin means a type of cryptocurrency that attempts to maintain price stability relative to a reserve asset such as Fiat.

Third Party Content means links, graphics, images, social media content to third party sites, content or other information supplied by third parties and that can be viewed or access from the Account or Site.

Third Party Servicer Agreement means an agreement between User and a Third Party Servicer pursuant to which the Third Party Servicer delivers their services. User PSW Agreement is a Third Party Servicer Agreement.

Third Party Servicer means a third party: (i) whose service are compatible with the Services, as indicated by Dapper in the Account; (ii) that User has retained under a Third Party Servicer Agreement; (iii) with whom User wishes to share User Data; and (iv) through which User wishes to deliver instructions to Dapper with respect to the Account. Each PSW Provider is a Third Party Servicer.

Transaction means any of an NFT Transaction, Fiat or Stablecoin Transaction, or other transaction in NFTs or Fiat within or initiated by the Services.

User Data means the information collected, stored, accessed or used by Dapper in the course of supplying the Services in respect of the Account.

User Device means an electronic device used by User to access the Services, such as a computer, tablet, mobile phone or other device.

User KYC Information means information requested by Dapper or provided by User in relation to the initial establishment of the Account or the subsequent operation of the Account and includes, but is not limited to, User name, address, email address, date of birth, government-issued photo identification, taxpayer identification number, government identification number, bank or other payment account information, IP address, a photo or video of the User, MAC address of User Device, payment account information (e.g. credit card) and User NFT Wallet information.

User PSW Agreement means the agreement between User and PSW Provider governing the User PSW. Two such agreements are the following with Circle Internet Financial, Inc. Payments and Stablecoin wallet provider.

User PSW means an account of the User at the PSW Provider.

Prohibited Activity means the operation of or the direct or indirect facilitation of any of the following:

  • Any act that is illegal in the United States or in the jurisdiction where the Person carrying out the activity is resident, domiciled or located;
  • Operation of a business that is similar to or competitive with the Services;
  • Operation of a crypto currency exchange;
  • Operation of a crypto currency wallet;
  • Operation of a payment processor, money transmitter, check casher, foreign exchange dealer, provider of prepaid access or other money services business;
  • Betting, including lottery tickets, casino gaming chips, off-track betting, memberships on gambling-related internet sites and wagers at races;
  • Bill payment services;
  • Credit counseling or repair agencies;
  • Credit protection or identity theft protection services;
  • Direct marketing or subscription offers;
  • Inbound or outbound telemarketing businesses including lead generation businesses;
  • Internet, mail or telephone order pharmacies or pharmacy referral services;
  • Creation, promotion or sale of items that encourage, promote, facilitate or instruct others to engage in illegal activity;
  • Creation, promotion or sale of items that may be counterfeit;
  • Creation, promotion or sale of items that may infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction;
  • Creation, promotion or sale of items that promote hate, violence, racial intolerance, or the financial exploitation of a crime;
  • Creation, promotion or sale of items that promote, support or glorify acts of violence or harm towards self or others;
  • Using the Services in any manner related to live animals;
  • Using the Services in any manner related to payment aggregators;
  • Purchase, sale or promotion of drugs, alcohol, or drug paraphernalia, or items that may represent these uses;
  • Unregulated sales of money-orders or foreign currency;
  • Using the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property, taxation and other proprietary rights and data collection and privacy;
  • Using the Services in a manner that Dapper or any of its suppliers reasonably believes to be an abuse of the Services;
  • Using the Services in a manner so as to avoid payment of Fees;
  • Using the Services in any manner that could damage, disable, overburden, or impair Dapper or any of the Services including without limitation, using the Services in an automated manner;
  • Using the Services in any way that assists User or others in the violation of any law, statute or ordinance;
  • Using the Services to collect payments that support pyramid or ponzi schemes, matrix programs, other “business opportunity” schemes or certain multi-level marketing programs;
  • Using the Services to control an account that is linked to another account that has engaged in any of the foregoing activities;
  • Using the Services to defame, harass, abuse, threaten or defraud others, or collect, or attempt to collect, personal information about users, registered recipients, or third parties without their consent;
  • Using the Services to intentionally interfere with another user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms or other malicious code;
  • Using the Services to make unsolicited offers, advertisements, proposals, or to send junk mail or spam to others;
  • Using the Services to send or receive what Dapper considers to be funds for something that may have resulted from fraud or other illegal behavior;
  • Using the Services while impersonating any person or entity or falsely claiming an affiliation with any person or entity; or
  • Using the Services in any manner related to weapons including replicas and collectible items.

EXHIBIT “A”

The Service cannot be used in the following jurisdictions:

Canada - Sanctioned Country List
  • Central African Republic
  • Democratic Republic of the Congo
  • Eritrea
  • Iran
  • Iraq
  • Lebanon
  • Libya
  • Mali
  • Myanmar
  • North Korea
  • Somalia
  • South Sudan
  • Sudan
  • Syria
  • Tunisia
  • Venezuela
  • Yemen
  • Zimbabwe
OFAC - Sanctioned Country List
  • Afghanistan
  • Balkans
  • Belarus
  • Burundi
  • Central African Republic
  • Crimea (Ukraine)
  • Cuba
  • Democratic Republic of Congo
  • Guinea-Bissau
  • Iran
  • Iraq
  • Lebanon
  • Libya
  • Mali
  • Myanmar
  • Nicaragua
  • North Korea
  • Somalia
  • Sudan and Darfur
  • South Sudan
  • Syria
  • Syrian Arab Republic
  • Venezuela
  • Yemen
  • Zimbabwe
User Agreement last updated

May 15, 2020

Dapper Service Privacy Policy
Latest Update: May 15, 2020

Dapper prides itself on its relationship with its users. Dapper promises to protect the privacy of users as detailed in this privacy policy. The Dapper NFT wallet is a hosted custodial service that helps users to receive, hold and transmit select non-fungible tokens (each, an “NFT”) (the “Dapper Service”). The Dapper Service is proprietary to Dapper Labs Inc., a British Columbia company having its registered address at #600-565 Great Northern Way, Vancouver, British Columbia, Canada, V5T 0H8 (referred to in this privacy policy as “Dapper”, “we”, “us”, or “our”).

This privacy policy (this “Policy”) outlines how Dapper collects, maintains, processes, uses, discloses and protects your personal information. Personal information is any information that directly or indirectly identifies you or by which your identity could be deduced. Protecting your privacy is important to us, and our goal is to maintain your trust and confidence when we handle personal information about you.

This Policy will apply to you if you visit our website at www.meetdapper.com (the “Site”), create an account with us (an “Account”), register for, access or use the Dapper NFT Service, or when you otherwise do business or make contact with us (the Site, the Dapper NFT Service, and each of your Accounts are hereinafter collectively referred to as the “Dapper Services”.)

The Dapper Services are intended for use by persons who are at least the age of majority in the jurisdiction where they reside. By visiting our Site, or registering for, accessing or using any of the Dapper Services, you affirm (i) are eighteen (18) years of age or older OR a parent or guardian has provided express consent for you to use the Services, (ii) you have the legal capacity to consent to this Policy, and (iii) you agree to the terms of this Policy. If you do not agree to any part of this Policy, you should not use the Site or any of the Dapper Services.

The Dapper NFT Service, being a custodial service offered by Dapper, means that Dapper assists users in the storage and control of their NFTs. Dapper will only initiate transactions on instruction from a user, and only for NFTs rightfully owned by said user. Dapper retains all liability for transactions not instructed by a rightful user.

What information do we collect?

Dapper collects data to enable us to operate the Dapper Services effectively and to provide you with the best experience on the Site and with the Dapper Services. You provide some of this data to us directly, such as when you create an Account or otherwise register to use the Dapper Services, subscribe to a newsletter, respond to a survey, make an enquiry through our Site, contact us for support, or contact us as a prospective user, vendor, supplier, or consultant. We get some of your data by recording how you interact with our Site and the Dapper Services by, for example, using technologies like cookies. We also obtain and process data in the context of making the Dapper Services available to you.

You have choices about the data we collect. When you are asked to provide personal data, you may decline. But if you choose not to provide data that is necessary to enable us to make the Dapper Services available to you, you may not be able to sign up for an Account or use the Dapper Services.

The data we collect depends on the context of your interactions with Dapper and the Dapper Services and the choices you make (including your privacy settings). The personal information we or our third party partners collect about you may include: email address, name, username, mobile phone, date of birth, proof of identity (e.g., driver’s license, passport, or government issued ID), bank or other payment account information, additional personal information (at the discretion of our compliance team), device information, screen information, browser information, operating system information, IP address, location information, time zone, log information, button clicks, page views, account information, third party wallet information and transaction information, and correspondence.

Why do we collect personal information, and what do we do with it?

We use the data we collect to operate our business and to make the Dapper Services available to you. This includes using the data to improve the Dapper Services and to personalize your experiences. We may use this data to comply with applicable law and regulations, such as for example complying with know your customer regulations. We may also use the data to communicate with you to, among other things, inform you about your Account, inform you about your transactions, provide security updates, and give you information about the Dapper Services. We may also use the data to manage your email subscriptions, improve the relevance and security of our Site, respond to user enquiries, send you periodic marketing communications about the Dapper Services, and improve the relevance of our advertising.

Examples of such uses include the following:

  • Establishing your identity through email verification or third party provider services
  • Facilitating your transactions
  • Facilitating the creation of your Dapper NFT Service account
  • Protecting you and other users and Dapper from error and fraud
  • Analyzing your use of the Dapper Services to help make the Dapper Service better for all users
  • Carrying out Dapper’s regular business activities related to the Dapper Services
  • Communicating with you regarding your Accounts and/or Dapper NFT Service(s)
  • Complying with legal and regulatory requirements
  • Responding to your inquiries
  • Providing the best possible user experience
  • Improving the Dapper Services
  • Providing you with technical support
  • Sending periodic emails to provide you with more details about the Dapper Services that we think you may want to be aware of
  • Inviting you to participate in contest, promotions, surveys, or other features of the Dapper Services
  • Communicating with you, and personalizing your experience with us
How do we collect personal information?

We collect personal information directly from you, and we may receive certain personal information about you from third parties and our partners. We collect and update personal information throughout our relationship with you. The relationship begins the first time you visit our Site and continues through termination of your use of the Dapper Services. As such, personal information may be collected any time you visit the Site, set up an Account or use the Dapper NFT Service, use the Dapper Services, communicate with our customer service team, and any other time you communicate with us.

Each and every time you provide personal information to us though any means, you consent to the collection, use and disclosure of such information in accordance with this Policy. If you do not agree to the gathering of this information, you should not use Dapper’s Services or visit our Site.

Cookies; Pixels; Beacons

Dapper uses cookies - tiny data files placed on your device that contain a unique identifier that identify your browser. Cookies allow us to collect information about you as a user, to improve our platform, store preferences and settings, and help with sign-in. While you can manage cookies in your Account’s preferences setting, if you disable cookies you may not be able to use or access some or all of the Dapper Services.

Our web pages may contain electronic images known as web beacons (also called single-pixel gifs) that we use to help deliver cookies on our websites and to count users who have visited those websites. We may also include web beacons in our promotional email messages or newsletters to determine whether and when you open and act on them.

In addition to placing web beacons on our own websites, we sometimes work with other companies to place our web beacons on their websites or in their advertisements. This helps us to develop statistics on how often clicking on an advertisement on a Dapper website results in a purchase or other action on the advertiser's website.

Finally, the Dapper Services may contain web beacons or similar technologies from third-party analytics providers (like, for example, Google Analytics) that help us compile aggregated statistics about the effectiveness of our promotional campaigns or other operations. These technologies enable the analytics providers to set or read their own cookies or other identifiers on your device, through which they can collect information about your online activities across applications, websites or other products.

Consent

Consent for the collection, use and disclosure of personal information may be expressly given or implied. Your express consent, if required, may be given in writing, verbally or through electronic means. Implied consent is given by your actions, such as instances when you visit our Site or and as otherwise described herein.

Dapper can collect, use or disclose your personal information without your consent for legal, security or certain processing reasons as required by law to deter fraud and money-laundering, or for other legal purposes.

Your consent can be withdrawn by contacting [email protected] If you do not notify us of the withdrawal of your consent, we will consider your consent to be ongoing. Should you withdraw consent, we may not be able to provide all or some of the Dapper Services to you and you are not permitted to access our Site.

How to Access and Control Your Personal Data

You can view, access, edit, delete, or request a copy of your personal data for many aspects of the Dapper Services via your Account settings. Within your user settings you can also make choices about Dapper’s collection and use of your data.

You can always choose whether you want to receive marketing communications from us. You can opt out from receiving marketing communications from us by using the opt-out link on the communication, or by visiting your Account settings or sending us an email at [email protected]

Data Access. You can access your personal data in your Account settings.

Data Portability. You can request a copy of your personal data by submitting an email to us at [email protected] and including “Please send me a copy of my personal data” in the “Subject” line. Dapper will verify your ability to access that email, then send you a digital export of the data we hold that is associated with your email address. We will use reasonable efforts to respond to your request within 14 days, but in all events within 30 days of our receipt of the request. Dapper may be limited in its ability to send certain personal data to you.

Data Erasure. You can request that portions of your personal data be erased by submitting an email to us at [email protected] and including “Please delete my personal data” in the “Subject” line. Dapper will verify your ability to access that email, then use reasonable efforts to respond to your request within 14 days, but in all events within 30 days of our receipt of the request. Please be aware that we require certain information about you in order to make the Dapper Services available to you, and we are required to maintain certain information as required by applicable law and regulation. This means that if you want to delete any of these critical pieces of personal data, we may not be able to delete the data right away, but only after the minimum retention period mandated by law. As a response to your request for data erasure, you may be required to delete your entire Account and no longer be able to access the Dapper Services.

Data Correction. You can modify your personal data in your Account settings. Note that some of the data we collect is specific to you, and you may not be able to modify this data without needing to create a new user profile.

Your Communications Preferences. You can choose whether you wish to receive marketing communications from us. If you receive marketing communications from us and would like to opt out, you can do so by following the directions in that communication. You can also make choices about your receipt of marketing communications by signing into your Account, and viewing and managing your communication permissions in your Account settings, where you can update contact information, manage your contact preferences, opt out of email subscriptions, and choose whether to share your contact information with Dapper and our partners. Alternatively, you can request that we withdraw your consent to use your personal data by submitting an email to us at [email protected] and including “Please withdraw my consent for marketing communications” in the “Subject” line. Dapper will verify your ability to access that email, then update our systems to remove your email address from the system we use to send marketing communications. We will use reasonable efforts to respond to your request within 14 days, but in all events within 30 days of our receipt of the request. Please note that these choices do not apply to mandatory communications that are part of the Dapper Services or to surveys or other informational communications that have their own unsubscribe method.

Data Retention

We may retain your personal information as long as you continue to use the Dapper Services, have an Account with us, as long as necessary to comply with applicable law or regulation or for as long as is necessary to fulfill the purposes outlined in this Policy. You can ask to close your Account by contacting us as described above, and we will delete your personal information on request and as governed by the data erasure section of this policy.

We may, however, retain personal information for an additional period as is permitted or required under applicable laws, for legal, tax, or regulatory reasons, or for legitimate and lawful business purposes.

We will retain your personal data for as long as necessary to make the Dapper Services available to you, or for other essential purposes such as complying with our legal obligations, resolving disputes, and enforcing our agreements. Because these needs can vary for different types of data, actual retention periods can vary significantly.

How we share information and third-party servicers

We do not sell or trade your personal information to third parties. We share your personal data with your consent, or as necessary to make the Dapper Services available to you. We also share your data with vendors working on our behalf; when required by law or to respond to legal process; when responding to audits; to protect our customers; to protect lives; to maintain the security and integrity of the Dapper Services; and to protect our rights or our property.

Companies we have hired to provide cloud hosting services, off-site backups, know your customer verifications, payment processing, fiat and stablecoin hosted wallet provider and customer support may need access to personal data to provide those functions. In such cases, these companies are required to abide by our data privacy and security requirements and are not allowed to use personal data they receive from us for any other purpose. If you would like to consult a list of our current vendors, or have questions or concerns about the vendors, feel free to contact us at [email protected]

One of our payment processing, fiat and stablecoin hosted wallet functionality is Circle Internet Financial, Inc.; their privacy policies are Stablecoin privacy policy and payments privacy policy.

We may disclose your personal data as part of a corporate transaction such as a corporate sale, merger, reorganization, dissolution, or similar event.

Finally, we will access, transfer, disclose, and/or preserve personal data, when we have a good faith belief that doing so is necessary to:

1. comply with applicable law or respond to valid legal process, judicial orders, or subpoenas;

2. respond to requests from public or governmental authorities, including for national security or law enforcement purposes;

3. protect the vital interests of our users, customers, or other third parties (including, for example, to prevent spam or attempts to defraud users of our products, or to help prevent the loss of life or serious injury of anyone);

4. operate and maintain the security or integrity of the Dapper Services, including to prevent or stop an attack on our computer systems or networks;

5. protect the rights, interests or property of Dapper or third parties;

6. prevent or investigate possible wrongdoing in connection with the Dapper Services; or

7. enforce our Terms of Use.

We may use and share aggregated non-personal information with third parties for marketing, advertising, and analytics purposes.

Where we Store and Process Personal Data; International Transfers

Personal data collected by Dapper may be stored and processed in Canada or in any other country where Dapper or its affiliates, subsidiaries or service providers maintain facilities. The storage location(s) are chosen in order to operate efficiently, to improve performance, and to create redundancies in order to protect the data in the event of an outage or other problem. We take steps to ensure that the data we collect is processed according to the provisions of this Policy, and the requirements of applicable law wherever the data is located.

We transfer personal data from the European Economic Area and Switzerland to other countries, some of which have not been determined by the European Commission to have an adequate level of data protection. When we engage in such transfers, we use a variety of legal mechanisms, including contracts, to help ensure your rights and protections travel with your data. To learn more about the European Commission’s decisions on the adequacy of the protection of personal data in the countries where Dapper processes personal data, please visit: ec.europa.eu/justice/data-protection/international-transfers/adequacy/index_en.htm

Protection and Security of Information

We make reasonable efforts to protect your personal information using appropriate physical, technological and organizational safeguards. No security is foolproof, and the Internet is an insecure medium. However, we work hard to protect you from unauthorized access, alteration, disclosure and destruction of your personal information collected and stored by us. As such, we have policies, procedures, guidelines and safeguards in place to ensure your personal information is protected. Only authorized employees of Dapper have access to your information, and these employees are required to keep the information confidential. Additionally, we periodically review our practices related to collection, storage and use of personal information and how such practices are utilized by our employees, contractors and agents to ensure high levels of protection.

Be aware that non-fungible tokens, virtual currencies, and digital assets are not necessarily truly anonymous. Generally, anyone can see the balance and transaction history of any public digital asset address. It may be possible to match your public digital asset address to other personal information about you and to identify you from a blockchain transaction. This is because, in some circumstances, personal information published on a blockchain (such as your digital asset address and IP address) can be correlated with personal information that we and others may have. This may be the case even if we, or they, were not involved in the blockchain transaction itself. Furthermore, by using data analysis techniques on a given blockchain, it may be possible to identify other personal information about you. You understand that we have no control over whether third parties utilize such techniques to identify you or obtain your personal information, and you agree that we will not be liable to you for any such activities. As part of our security, anti-fraud and/or identity verification and authentication checks, we may conduct such analysis to collect and process such personal information about you. You agree to allow us to perform such practices and understand that we do so.

How do we Ensure that our Processing Systems remain Confidential, Resilient, and Available?

We implement a variety of measures to ensure that our processing systems remain confidential, resilient, and available. Specifically, we have implemented processes to help ensure high availability, business continuity, and prompt disaster recovery. We commit to using third party services that maintain strong physical and logical access controls.

High Availability. Every part of the Dapper Services utilizes properly-provisioned, redundant servers (e.g., multiple load balancers, web servers, replica databases) in case of failure. The third parties we use take servers out of operation as part of regular maintenance, without impacting availability.

Business Continuity. We keep encrypted backups of data daily in multiple regions on Google Cloud Platform. In the rare case of production data loss (i.e., primary data stores loss), we will restore organizational data from these backups.

Disaster Recovery. In the event of a region-wide outage, we will bring up a duplicate environment in a different Google Cloud Platform region. Our operations team has extensive experience performing full region migrations.

Physical Access Controls. The Dapper Services are hosted on Google Cloud Platform (“GCP”). These data centers feature a layered security model, including extensive safeguards such as custom-designed electronic access cards, alarms, vehicle access barriers, perimeter fencing, metal detectors, and biometrics. Dapper employees do not have physical access to these data centers, servers, network equipment, or storage.

Logical Access Controls. Dapper is the assigned administrator of its infrastructure on GCP, and only designated authorized Dapper operations team members have access to configure the infrastructure on an as-needed basis

Penetration Testing. We engage an independent, third-party agency to perform black box penetration testing on an annual basis. Information about security vulnerabilities that are successfully exploited through penetration testing is then used to set mitigation and remediation priorities.

Third Party Links

Dapper’s Site and the other elements of the Dapper Services may contain links to other sites. The owners of the linked sites are solely responsible for their privacy practices and content. Dapper is not responsible and does not endorse or control the content and privacy practices of third-party websites. Anytime you access a third-party website, you will be subject to the terms of their applicable privacy policies and should review them carefully.

Accessing and Keeping your Personal Information Accurate

We take reasonable and practical steps to ensure that your personal information is accurate with regards to the purpose for which it is used. It is your responsibility to provide accurate personal information about yourself. If any information that has been provided is no longer correct, it is your responsibility to contact us to update this information. Corrections can be made through your Dapper Account or by contacting us at [email protected]

Subject to certain exceptions under applicable law, you may request access to the personal information that we hold about you in order to view, verify and correct such personal information by contacting us at [email protected] When handing such requests, we will verify the identity of the requesting party through the same or similar methods that we use to verify a user’s email address upon Account creation to ensure that they are the person legally entitled to make the request. It is our policy to not charge for such requests, however, in the case that the requests become repetitive or unduly onerous, or there is request for copies of documents, a charge may apply. We will let you know at the time of the request if there will be a charge. Normally, such requests will be responded to within 30 days.

Changes to this Policy

Dapper reserves the right to amend this Policy from time to time. The most up to date version will be available on our Site with the most recent version’s date listed clearly at the top of the page. Changes are effective at the time we post them on the Site. While Dapper may make reasonable attempts to notify active Account and Dapper NFT Service holders when this Policy is updated, we nonetheless recommend that you consult this Policy each time you visit our Site or use any of the Dapper Services to be assured that you are familiar with the most current version of this Policy.

Questions, Concerns and Complaints

If you have questions, concerns or complaints regarding this Policy, the handling of your personal information or Dapper’s privacy or data protection practices, including but not limited to the use of any service providers outside of Canada, please contact [email protected] We investigate all complaints and will generally respond within 30 days of receipt of your complaint. If we find a complaint to be justified, we will take all appropriate measures, including, as necessary, amending our policies and practices.

Please note that when you send us a message, you will be providing us with personal information, including your email address, name, and any other information provided in the message. In some cases, additional personal information may be needed in order to answer your questions, concerns or requests. Such information will be handled in accordance with this Policy.