Terms of Service
1.1 Gamium Corporation Pte. Ltd. (“Gamium”) operates a digital identity and trust platform for your personal data (“Gamium Platform”). The Gamium Platform enables you to store your personal data in a Gamium Account and to use various services that Gamium provides to its users (“Services”), in particular the transfer of all or part of your data to or from partners working together with Gamium (“Gamium Partners”). By storing your personal data in your Gamium Account you create your personal Gamium ID.
1.2 The use of the Gamium Platform and the Services of Gamium is only available to natural persons over the age of 18 [SC1] and is in general free of charge for you. Certain services may be subject to charges, which will be indicated separately in advance. Any connection or transmission fees that may arise from your use of the Gamium Platform and Services are at your own expense.
1.4 "Virtual Currency" refers to cryptocurrency, digital currency, digital assets, cryptoassets or other such similar term describing, for example, Ethereum, but does not include a derivative of a virtual currency or a security. Virtual Currency is evidenced on, and can be electronically transferred using, a Blockchain.
1.5 "Blockchain" refers to a distributed ledger, maintained by a network of computers, that records all transactions of Virtual Currency in theoretically unchangeable data packages known as blocks, each of which are timestamped to reference the previous block, so that the blocks are linked in a chain that evidences the entire history of transactions of the Virtual Currency.
2. Registration for the use of Gamium
2.1 In order to be able to use the Services of Gamium, you need a Gamium Account. You must register with Gamium and store the information requested there. Additional information may be required to make full use of certain Gamium Services. For example, to use Gamium financial related services, your account information and proof of identity are required.
2.2 The data you provide during registration or later in your Gamium Account must be accurate and belong exclusively to you. You are also obliged to keep your data up-to-date. In the event of abusive or unlawful use of the Services of Gamium or the Gamium Platform, Gamium is entitled to block your Gamium Account, to restrict the use of the Services of Gamium and, if the appropriate conditions are fulfilled, to terminate the contract of use without notice and to delete your Gamium Account.
2.3 The use of Gamium Services is only possible after successful registration. For your own security, Gamium will ask you to use a secondary authentication factor (2FA) to improve the security of your account. [AR3] Sharing access information or personalized security features of your Gamium Account is not allowed. The access information and personalized security features are to be stored securely, protected from access by third parties and not to be disclosed to third parties. In case of suspicion of unauthorized use of the access information or personalized security features or disclosure to third parties, Gamium has to be informed immediately using the contact data given in the imprint.[SC4]
2.5 As part of our Services, you may directly or indirectly create a digital wallet that can store and transfer certain supported Virtual Currency (your "Wallet"). In order to use Gamium's Services you will be required to (1) provide an email address and (2) provide a wallet address in order to allow you to initiate a transfer of Virtual Currency from your Wallet. Gamium uses your email to create an account linked to your Wallet. You shall not provide us with another person's email address. Gamium also offers two-factor authentication as an added security measure, and if you choose to participate, you may need to provide additional information. If you do not backup your two-factor authentication, you may be unable to access your account or your Wallet and we will be unable to assist you, so please make sure to follow any instructions associated with enabling two-factor authentication.
2.6 If, during the registration process, you do not provide all the information requested to create a Gamium Account, no contract of use will be concluded between you and Gamium. In this case, Gamium will delete any data already collected.
2.7 In case of security concerns, especially in case of loss or compromise of access information or personalized security features, Gamium reserves the right to deny you access to certain data and to remove it from your Gamium Account.
3.1 You can store your data in your personal Gamium Account. After activating your Gamium Account, Gamium provides you with various Services that you can use at Gamium or at Gamium Partners. The Gamium Partners themselves decide which services and functions they integrate into their offers. It is therefore possible that not all Services can be used with a Gamium Partner. Gamium currently offers the following functionalities:
3.1.1 Authentication: This allows you to send your data to Gamium Partners or to log in to Gamium Partners using the Gamium button with the access data for your Gamium Account. This allows you to use your Gamium Account as a central login, to simplify the registration process with Gamium Partners or to import existing data to complete your Gamium Account. With Gamium Access you can also use your Gamium Account with the corresponding app as a second security feature to authenticate yourself towards Gamium Partners.
3.1.2 Identification: At Gamium you can store your verified identity (especially your identification data) in your Gamium Account and transmit it to Gamium Partners. In this way you can fulfill your identification obligation towards the Gamium Partner without having to go through a new identification procedure. Please note that there are different levels of trust in the identification process, so that in individual cases it may be necessary to update or complete your verified identity. The data collected to update or complete your verified identity is stored in your Gamium Account. If you go through a new identification procedure, e.g. to update your verified identity, your date stored in your Gamium Account until then may be overwritten. The overwritten data is then no longer available in your Gamium Account.
3.2. You can monitor and individually manage used services and transactions in your Gamium Account. In connection with an authentication the Gamium Partner may send authentication texts to Gamium to be authenticated, which are then displayed to you in the app and may later also be monitored and managed by you.
4.1 Gamium shall endeavor to keep the Services of Gamium and the Gamium Platform available at all times outside necessary maintenance windows.
4.2 Gamium is entitled to temporarily or also permanently prevent or restrict your use of the Services of Gamium or the Gamium Platform if and to the extent required for the security of the Gamium Platform and/or the systems used for its operation or the data stored on it or by a legitimate interest of Gamium.
6.2 Irrespective of the legal basis, where liability is based on fault, Gamium’s liability for damages caused by intentional acts and gross negligence shall be unlimited. In the event of simple negligence Gamium shall be liable only:
6.2.1 for losses arising out of injury to body, life or health; and
6.2.2 for losses arising from breach of a material contractual obligation (i.e. an obligation the performance of which is fundamental to the due performance of the contract and the compliance with which the counterparty typically relies upon and is entitled to rely upon); in this case the liability of Gamium shall however be limited to compensation for typical and foreseeable loss.
7.1 You may terminate the contract of use at any time without observing a notice period and without stating reasons by giving Gamium notice in text form. You can also terminate the user contract by deleting your Gamium Account with us. If you delete your Gamium Account, the user agreement between you and Gamium ends automatically. You are aware that Gamium stores your data for the fulfilment of legal obligations to keep records even after your Gamium Account has been deleted. This applies to the obligation to retain your data for at least 10 years for the purpose of identification for the creation of a qualified electronic signature.[SC5] [AR6]
7.2 Gamium has the right to terminate the contract at any time with two months’ notice to the end of a calendar month.
7.3 The right of extraordinary termination remains unaffected for both parties.
7.4 In the event of termination of the user agreement, Gamium will delete your Gamium Account at the end of the user agreement. From this time on, the use of the Services of Gamium and the Gamium Platform is no longer possible. As far as data must be kept complying with any legal storage or retention periods, they will be stored until the expiry of these periods. If data are still required for the processing of outstanding transactions, these data will be deleted at the earliest after the processing of these transactions.
8.1 Singapore law shall apply, excluding conflict of law’s provisions. This shall not affect the applicability of mandatory consumer protection provisions.
Additional Conditions for Payments
1. General information
1.2 The Gamium Platform has a functionality for processing payments. If a Gamium Partner integrates this payment function into its offering, you have the option of making payments to the Gamium Partner via Gamium. If you authorize a payment via Gamium, Gamium collects the payment amount using the direct debit mandate you are to issue and forwards the payment amount to the Gamium Partner.
1.3 Gamium will only process payments authorized by you. Gamium has no credit for you. The use of the payment function is free of charge for you as the customer, unless a different fee has been agreed for individual transactions.
1.4 If you use the payment function to purchase goods and services from a Gamium Partner, the delivery of such goods or services is governed solely by your agreement with the Gamium Partner. Gamium is not a party to your contract with the Gamium Partner and is not responsible for the performance of this contract.
2. Activation of the payment function and conditions for use
2.1 When you request to make a transfer of Virtual Currency, in order to initiate such transfer you will be required to request Gamin to ask for a two-factor authentication (2FA) to initiate such transfer. You may only initiate a transfer using Gamium Services after our servers have confirmed receipt of a valid Transfer Initiation. Gamium is entitled to rely on the Transfer Initiation and has no duty to inquire into or investigate the validity or accuracy of any Transfer Initiation, though it may, at its sole discretion, inquire into or investigate such Transfer Initiation. You will be responsible for keeping your phone, personal computer, wallet and/or email address secure and for any activity associated with your phone, personal computer and/or your Wallet. Gamium will not be responsible if someone else accesses your phone and/or personal computer and authorizes a transaction upon receipt of the security code. You should let Gamium know immediately if your phone and/or personal computer has been stolen or otherwise compromised.
2.2 Gamium cannot access raw private key information for you, and we cannot unilaterally initiate a transfer of Virtual Currency or otherwise access your Virtual Currency. We are not your brokers, intermediaries, agents, advisors, or custodians, and we do not have a fiduciary relationship or obligation to you regarding any other decisions or activities that you effect when using your Wallet or our Services. We are not responsible for any activities that you engage in when using your Wallet, and you should understand the risks associated with Virtual Currency described more fully below. You are solely responsible for any and all Transfer Initiations that are initiated through your Wallet and we make no, and hereby disclaim all, representations, warranties, claims and assurances as to any Transfer Initiations.
2.3 In order to be successfully completed, any Virtual Currency transaction created with or sent to your Wallet must be confirmed and recorded in a Blockchain associated with the relevant Virtual Currency. Gamium has no control over any Blockchain and therefore cannot and does not ensure that any transaction details you submit or receive via our Services will be confirmed on the relevant Blockchain and does not have the ability to facilitate any cancellation or modification requests.
2.4 You agree and understand that:
- You: (a) have the necessary technical expertise, ability or professional advice required to review and evaluate the security, integrity and operation of your Wallet to your satisfaction; (b) have the knowledge, experience, understanding, professional advice and information to make your own evaluation of the merits, risks and applicable compliance requirements under applicable laws of any use of your Wallet; (c) know, understand and accept the risks associated with your Wallet; and (d) accept the risks associated with Virtual Currency generally and are responsible for conducting your own independent analysis of the risks specific to any Virtual Currency. You further assume and agree that Gamium will have no responsibility or liability for, such risks. You hereby irrevocably waive, release and discharge all claims, whether known or unknown to you, against Gamium, its affiliates and their respective shareholders, members, directors, officers, employees, agents and representatives related to any of the risks set forth herein.
- You take responsibility for all activities that occur under your Wallet or with Virtual Currency sent from your Wallet and accept all risks of any authorized or unauthorized access to your Wallet, to the maximum extent permitted by law.
- Virtual Currency is an emerging asset class. Gamium makes no warranties as to the markets in which the Virtual Currency are transferred, purchased and traded.
- You acknowledge and accept that the loss or destruction of your phone and/or personal computer will compromise the security of your Wallet and Virtual Currency and may result in loss of Virtual Currency.
- You will be solely responsible for maintaining the security of your private keys, and that the loss or destruction of your private key will compromise the security of your Wallet and Virtual Currency and may result in loss of Virtual Currency.
- The transaction details you submit via the Services may not be completed, or may be substantially delayed, by the relevant Blockchain used to process the transaction.
- There are no warranties or guarantees that a transfer initiated on the Services will successfully transfer title or right in any Virtual Currency.
- Once transaction details have been submitted to a Blockchain, Gamium cannot assist you to cancel or otherwise modify your transaction or transaction details.
- Gamium does not assume responsibility for any inherent risks associated with Blockchain technology, including, but not limited to, design or implementation flaws that affect the operation of any Blockchain. Furthermore, Gamium does not assume responsibility for any issues relating to the continuing viability of a Blockchain, including, but not limited to, the ability to retain the technical expertise required to support a Blockchain or the performance of a Blockchain with respect to transaction times.
- Gamium makes no guarantee as to the functionality of any Blockchain's governance or control mechanisms, which could, among other things, lead to delays, conflicts of interest, or operational decisions that are unfavorable to certain owners of Virtual Currency. You acknowledge and accept that the protocols governing the operation of a Blockchain may be subject to sudden changes in operating rules which may materially alter the Blockchain and affect the value and function of Virtual Currency evidenced on that Blockchain.
- Gamium does not assume responsibility for fundamental advancements in cryptography which could render inoperative the current cryptography algorithms utilized by a Blockchain supporting a specific Virtual Currency.
- Gamium makes no guarantee as to the security of any Blockchain. Gamium is not liable for any hacks, double spending, stolen Virtual Currency, or any other attacks on a Blockchain, including, but not limited to, majority attacks in which a nation-state or other party with sufficient computing power is able to control and manipulate the records of a Blockchain.
- Gamium makes no guarantees as to the security of either Google Cloud Platform (GCP) or Amazon Web Services (AWS) and is not liable for any hacks or attacks on GCP’s or AWS's systems.
- Gamium is not liable for any hacks or malicious attempts or phishing scams to obtain access to your Wallet via your Gamium Account, email address or phone. You alone are responsible for ensuring that you do not provide your Gamium Account to any other person and or entity.
6. Transaction overview and information
6.1 By activating the payment function, Gamium will create a separate submenu in the activity area of your Gamium Account and provide you with the monthly transaction overview (“Transactions Submenu“). You can also view the transactions made in the activity log. By setting up the Monthly Transaction Overview Submenu, you waive the transmission of the posted transaction overviews by post in accordance with these additional conditions. [SC9] [AR10] Gamium may, however, also send you the posted transaction overviews by post or otherwise if required to do so by law or if otherwise required to do so by circumstances.
6.2 You must regularly check your Gamium Account for new activities and transaction overviews.
6.3 You can view
, print, or archive documents online from the Transactions Submenu on
your local device. Gamium ensures the immutability of the documents set in the Monthly Transaction Overview Submenu
if they are saved or stored in the Transactions Submenu.
6.4 The transaction overviews set in the Transactions Submenu are available for a period of four years. [AR11] The transaction overviews are then automatically deleted without a separate message.
7. Safety and due diligence of the customer
7.1 You are obligated to,
7.1.1 keep your access information and personalized security features secret, and
7.1.2 keep your Authentication Instrument safe from access by others, because any other person in possession of the Authentication Instrument may misuse Gamium’s payment function in connection with the knowledge of your access information or personalized security features.
7.2 In particular, the following must be observed to protect access information, personalized security features and the Authentication Instrument:
7.2.1 Access information and personalized security features shall not be stored unsecured electronically.
7.2.2 When entering access information and personalized security features, it must be ensured that other persons cannot spy on them.
7.2.3 Access information and personalized security features shall not be disclosed by e-mail or any other means of telecommunication.
7.2.4 The access information and personalized security features shall not be kept together with the Authentication Instrument.
7.3 You must follow the security instructions on Gamium’s website, in particular the measures taken to protect the hardware and software you use.
7.4 Gamium will never ask you to provide your access information or personalized security features by telephone or e-mail. Before entering the access information and personalized security features, check that you are in a trustworthy offer.
8. Notification and information obligations
8.1 You must notify Gamium immediately if you discover the loss or theft of the Authentication Instrument, misuse or other unauthorized use of your Authentication Instrument, access information or personalized security features (blocking notice). You can also submit the blocking notice at any time via the separately provided contact details of Gamium.
8.2 If you suspect that another person has committed an unauthorized crime.
8.2.1 has obtained possession of your Authentication Instrument or knowledge of your access information or personalized security features, or
8.2.2 uses the Authentication Instrument, your access information, or your personalized security features, you must also issue a lock notification.
8.3 You must notify Gamium immediately of any unauthorized or incorrectly executed payment.
9. Usage block
9.1 At your request, in particular in the event of a blocking notification pursuant to section 8, Gamium will block your access to the payment area in the Gamium Account or your access information or personalized security features.
9.2 Gamium may block your access to the payment area in your Gamium Account or your access information or personalized security features if,
9.2.1 Gamium is entitled to terminate these Additional Terms and/or the use of Gamium’s payment function for good cause;
9.2.2 there are factual reasons relating to the security of the Authentication Instrument, your access information or personalized security features that justify this; or
9.2.3 there is a suspicion of unauthorized or fraudulent use of the Authentication Instrument. Gamium will inform you as soon as possible, but at the latest immediately after the blocking, stating the relevant reasons.
9.3 Gamium will unblock or exchange your access information, personalized security features, or Authentication Instrument if the reasons for the unblock no longer exist. Gamium will inform you of this immediately.
Notwithstanding anything to the contrary in these Terms, Gamium shall be under no obligation to inquire into and shall not be liable for any damages, other liabilities or harm to any person or entity relating to:
- the ownership, validity or genuineness of any Virtual Currency;
- the collectability, insurability, effectiveness, marketability or suitability of any Virtual Currency; or
- losses, delays, failures, errors, interruptions or loss of data occurring directly or indirectly by reason of circumstances beyond its control, including without limitation: acts of God; action or inaction of civil or military authority; public enemy; war; terrorism; riot; fire; flood; sabotage; epidemics; labor disputes; civil commotion; interruption, loss or malfunction of utilities, transportation, computer or communications capabilities; insurrection; elements of nature; or non-performance by a third party.
Notwithstanding anything in these Terms to the contrary, to the fullest extent allowed by applicable law, under no circumstances and under no legal theory (including, without limitation, tort, contract, strict liability, or otherwise) shall Gamium (or its licensors or suppliers) be liable to you or to any other person for (a) any indirect, special, incidental, or consequential damages of any kind, including damages for lost profits, loss of goodwill, work stoppage, accuracy of results, or computer failure or malfunction, or (b) any amount, in the aggregate, in excess of the greater of (i) \$100 or (ii) the amounts paid by you to Gamium in connection with the services in the twelve (12) month period preceding this applicable claim, or (c) any matter beyond our reasonable control. some states do not allow the exclusion or limitation of certain damages, so the above limitation and exclusions may not apply to you.
11.3 The right to termination without notice for good cause remains unaffected.