Cortex Terms of Service

Last Updated: Jun 15, 2019.

Dear User,

Thank you for choosing Cortex. This Cortex Terms of Service (“Agreement”) is made between you (“User”) and Waterhole io LLC., a company incorporated in the United State (“Company”) and is legally binding between you and Company. In this Agreement: (a) “we” and “us” refer to the Company and “our” shall be construed accordingly; and (b) “you” refers to User and “your” shall be construed accordingly. Each of you and the Company shall hereinafter be referred to as a “Party”, and collectively, you and the Company shall hereinafter be referred to as the “Parties”.

Company hereby reminds you that you must carefully read the full content of this Agreement and other documents mentioned in this Agreement before using our mobile application “Cortex” available on various mobile platforms including but not limited to Google Play and Apple App Store (“Cortex” or “App”). In particular, you must carefully read the section of “Disclaimer and Limitation of Liability” and other sections which are displayed in bold in this Agreement. You must make sure that you fully understand the whole Agreement and evaluate the risks of using Cortex on your own.

I.Confirmation and Acceptance of this Agreement

1.You understand that this Agreement and other relevant documents apply to Cortex and the Decentralized Applications (“DApps”) which are developed and owned independently by Company on Cortex (and excluding DApps developed by third parties).

2.After you download Cortex and start to create, recover Identity (defined as below) or import wallet, you are deemed as having read and accepted this Agreement, which shall cause this Agreement to become effective and legally binding on both you and Company immediately. IF YOU DO NOT AGREE TO THE TERMS IN THIS AGREEMENT, YOU SHALL CEASE USAGE OF CORTEX IMMEDIATELY AND IF YOU HAVE DOWNLOADED CORTEX, PROCEED TO DELETE CORTEX IMMEDIATELY.

3.In accessing or using Cortex, you agree:

a) to be bound by the latest version of this Agreement without variation or modification;

b) that in the jurisdiction to which you are subject, you are of legal age to use Cortex and to create binding legal and financial obligations for any liability you may incur as a result of the use of Cortex; and

c) you are not an Excluded Person (as defined herein).

4.Company may, at its sole discretion, modify or replace this Agreement at any time. The modified Agreement will automatically take effect once it is posted on Cortex and you will not be notified separately. If you do not agree with the modifications, you shall cease to use Cortex immediately. Use of Cortex by you after any modification to this Agreement constitutes your acceptance of this Agreement as modified.

II.Definition

1.China: means the People’s Republic of China, including the Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan.

2.Cortex: means the blockchain wallet developed by Company based on blockchain systems and other supporting tools which are developed for the convenience of the Users when using blockchain systems.

3.Excluded Person:

a) a person other than a natural person who possesses legal and mental capacity to enter into this Agreement; or

b) a User who is prohibited, restricted, unauthorized or ineligible in any form or manner whether in full or in part under this Agreement, laws, regulatory requirements, or rules in the jurisdiction applicable to such User, to use the Services (as defined below). For the avoidance of doubt, Users from China are also covered under this definition of ‘Excluded Person’.

4.Identity: means the blockchain identity generated from a pair of your Public Key and Private Key.

5.Beginner’s Guide: means the operation guide provided by the Company before you start to use Cortex (and during your future use of Cortex). This Beginner’s Guide would help you understand the basic knowledge about blockchain.

6.Create or import wallet: means your use of Cortex to create or import wallet after your acceptance of this Agreement.

7.Wallet Password: means the password determined by you when you create the wallet. The Wallet Password will be used to encrypt and protect your Private Key. Cortex, as a decentralized application, will not store your Wallet Password on our servers, nor will your Wallet Password be stored in your own mobile devices. If you lose or forget your Wallet Password, you will have to reset the Wallet Password with your Private Key or Mnemonic Words.

8.Alert: means the messages displayed on Cortex’s operation interface which provides suggestions for Users on subsequent operations.

9.Specific Users: means Users who should cooperate with Company and disclose Personal Information in order to comply with the laws, regulations and policies of Singapore and other countries.

10.Developer Users: means Users who use services provided to Developers, such as Cortex Open Source Code and Developer mode etc., in accordance with notices of the Company and relevant Open Source License.

11.Private Key: consists of 256 random bits. Private Key is the core for the User to hold and use the Tokens.

12.Public Key: is derived from the Private Key based on cryptography and is used to generate wallet addresses. A wallet address is a public address for receipt of Tokens.

13.Mnemonic Words: consists of 12 (or 15/18/21/24) words which are randomly generated, and it is based on BIP39, the industry standard of blockchain. It is a human readable format of words to back up your Private Key for recovery.

14.Keystore: means Private Key or Mnemonic Words in the format of a file which is encrypted and protected by the User’s Wallet Password. Keystore is stored only in your mobile device and will not be synchronized to the Company’ servers.

15.Tokens: means the tokens which are supported by Cortex mainnet,including but not limited to CTXC and CEC token so on.

16.Materials: means contents in the columns of “Browse”, “Market” etc. on Cortex. The Materials are third parties’ proprietary properties. User shall not reproduce or distribute the materials without their permission and authorization. Foregoing Materials are solely for your reference and shall not be considered as guidance or advice on your transactions provided by Company.

17.Notification Center: means the inbox where the Users may receive messages or notices from the Company.

18.Personal Information: means information recorded in electronic or any other form which may identify a natural person when used alone or in combination with other information, including but not limited to name, date of birth, identification card number, personal biological identification information, address, telephone number, bank card number, e-mail address, wallet address, mobile device information, operation record, transaction record, but excluding Wallet Password, Private Key, Mnemonic Words and Keystore.

19.Smart Contract: means the type of Smart Contract operating on Ethereum blockchain and spreading, verifying and executing contracts via information methods, including but not limited to Smart Contract Kyber and/or Smart Contract 0x as hereinafter mentioned. Smart Contracts integrated on Cortex do not provide cross-blockchain services.

20.Open Source License: means the third-party-developed open source license that shall be abided by Developer Users when using Cortex OSC.

21.Third-Party Service: means the products and services provided by the third parties such as third-party-developed DApp, third-party-developed Smart Contract, third-party-developed Open Source License, third-party-developed crypto currency hardware wallet, third-party-developed webpage, and third-party-developed exchange etc.

III.Cortex Services (collectively, the “Services”)

1.Create or Recover Identity. You may use the “Create Identity”, “Recover Identity” button on Cortex to create or recover your Identity and manage multi-blockchain wallets under one Identity.

2.Import wallet. You may use Cortex to create a new wallet or import wallets generated by other wallet application. You may only import wallets with Tokens which are supported by Cortex.

3.Transfer and receive Tokens. You may manage your digital Tokens by using the transfer and receipt functionalities of Cortex, i.e., you may revise the blockchain ledger by signing with your Private Key. Transfer of Tokens means the payer’s transfer of the Token to the ENS domain or blockchain address of the payee. Such “transfer” of Tokens involves a validated record of such transaction on the distributed ledger of the relevant the blockchain system (rather than an actual delivery or transfer of Tokens on Cortex).

4.Observe the quotation. You may use Cortex to observe the quotation of the Tokens provided by third parties. The quotation of each Token is captured by Cortex from corresponding exchange and is displayed in the “Market” column on Cortex.

5.Manage Tokens. You may use Cortex to add, manage or delete the Tokens [from the Cortex interface] (except ETH and BTC) supported by Cortex.

6.Browse DApps. Users may use Cortex to visit and use the services provided by DApps (including DApps developed by Company and DApps developed by third parties).

7.Search DApps. Users may use search box on Cortex to search DApps already displayed on Cortex.

8.Developer mode. For the convenience of Developer Users, they may access any websites and any third-party-developed DApps not integrated on Cortex by entering URL in search box under the Developer mode.

9.Transaction records. We will copy all or part of your transaction records from the blockchain system. However, Users shall refer to the blockchain system for the latest transaction records.

10.Other services that Company would like to provide.

Users who use Cortex acknowledges and accepts that:

1.In order to keep the decentralization feature of blockchain and to protect the security of your digital Tokens, Company offers decentralized service which is largely different from the banking and financial institutions. Users acknowledge and accept that the Company SHALL NOT have any responsibility to :

a) store Users’ Wallet Password (the password Users set when creating or importing wallets), Private Key, Mnemonic Words or Keystore;

b) recover Users’ Wallet Password, Private Key, Mnemonic Words or Keystore;

c) freeze the wallet;

d) report the loss of wallet;

e) recover the wallet; or

f) rollback transactions.

2.You shall bear sole responsibility to take care of your mobile devices, back up the Cortex App, and back up the Wallet Password, Mnemonic Words, Private Key and Keystore. In the event that: your mobile device is lost, your Cortex App or your wallet is deleted and not backed up, your wallet is stolen or you forget your Wallet Password, Private Key, Mnemonic Words or Keystore, the Company will not be able to recover the wallet or recover Wallet Password, Private Key, Mnemonic Words or Keystore. The Company may not be able to cancel transactions for the mishandling of Users (such as typing in wrong addresses for transactions, wrong amounts to be exchanged) and the Company shall not be responsible in any way in respect of the same.

3.When you use the function of Payment without Password of Cortex, please properly back up the Wallet Password. After multiple failed attempts to verify your Touch ID or Face ID, you will need to input your Wallet Password. If you forget Wallet Password, you need to import Mnemonic Words/Private Key and set a new Wallet Password. Company does not store your biological information such as your Touch ID or Face ID information, and the Company shall not be responsible in any way in respect of the same.

4.Cortex does not support all existing tokens. Do not use Cortex to handle any non-supported tokens.

5.The DApps integrated into Cortex include those developed independently by Company and those developed by third parties. Cortex only provides blockchain search and browser functions for those third-party-developed DApps, and thus Cortex does not offer any guarantee for functions or service qualities of those third-party-developed DApps. Users shall, at their sole discretion, decide whether there would be any risks to accept the services provided by or to conduct transactions on the third-party-developed DApps.

6.The IEX and DEX functions of Cortex enable Users to exchange digital Tokens via Smart Contracts (instead of Cortex) on the blockchain system in essence. As to services offered by the third-party-developed Smart Contracts, Cortex acts solely as a tool for Users to use the third-party-developed Smart Contracts, and thus does not provide any guarantee for functions or service qualities of those Smart Contracts. Before accepting services of or conducting transactions on such third-party-developed Smart Contracts, Users shall, at their sole discretion, decide the risks of services or transactions provided by such Smart Contracts. Prior to commencing relevant transactions, Users shall carefully read and then agree with terms of use of relevant Smart Contracts updated from time to time (including without limitation, Kyber Network Token Exchange User Terms.

IV.Your Rights and Obligations

1.Create or Import Wallet

a) Create or import wallet: you are entitled to use Cortex on your mobile device to create and/or import wallet, set Wallet Password and use your wallet on Cortex to transfer and receive Tokens on blockchain.

b) Identification verification: Specific Users will be asked to complete identification verification before using Cortex to comply with related laws and regulations, according to the notification of Cortex. Specific Users may be asked to provide Personal Information including but not limited to name, identification card number, cell phone number, bank card information, etc., without which the Specific Users will not be able to use certain services and the Specific Users alone shall be responsible for the loss caused by their delay in completing the verification.

c) Company may develop different versions of Cortex for different terminal devices. You shall download and install applicable version. If you download and install Cortex or other application with the same name as “Cortex” from any unauthorized third party, Company cannot guarantee the normal operation or security of such application. Any loss caused by using such application shall be borne solely by you.

d) A previous version of Cortex may stop to operate after a new version is released. Company cannot guarantee the security, continuous operation or customer services for the previous version. Users shall download and use the latest version.

2.Use of Cortex

a) You shall bear sole responsibility to take care of your mobile devices, Wallet Password, Private Key, Mnemonic Words and Keystore. Company does not store or hold the above information for Users. You shall be solely responsible for any risks, liabilities, losses and expenses which result from frauds, you losing your mobile device or crypto currency hardware wallet, disclosing (whether actively or passively) or forgetting Wallet Password, Private Key, Mnemonic Words or Keystore, or your wallet being attacked.

b) Cortex Alerts. You understand and agree to comply with the Alert(s) published by the Company on Cortex. You shall be responsible for any risks, liabilities, losses and expenses which result from your failure to comply with any Alert(s).

c) You understand that Cortex undertakes no responsibility to conduct due diligence on the Third-Party Service. You shall assess carefully and assume all risks in connection with the use of Cortex.

d) Provision of information and documents. To the extent that the Company determines, in its sole discretion, that it is necessary to obtain certain information about User in order to comply with any applicable law or regulation in connection with the use or operation of Cortex, User shall provide Company with such information promptly upon such request, and acknowledges and accepts that Company may restrict, suspend or terminate your use of Cortex until such requested information has been provided to the satisfaction of Company. User undertakes to notify Company of any change in the documents and information provided by User to Company pursuant to this Agreement and in the absence of any notification in writing notifying of any change, Company is entitled to assume that the documents and information provided by User remain true, correct, not misleading and unchanged.

e) Complete identification verification. If Company reasonably deems your operation or transactions to be abnormal, or considers your identification to be doubtful, or Company considers it necessary to verify your identification documents or other necessary documents, you shall cooperate with Company and provide your valid identification documents or other necessary documents and complete the identification verification in time.

f) Transfer of Tokens

i.You understand that you may be subject to daily limits on the amount and times of transfers according to your location, regulatory requirements, transferring purposes, risk control by Cortex, or identification verification.

ii.You understand that blockchain operations are “irrevocable”. When you use Cortex to transfer Tokens, you shall be solely responsible for the consequences of your mishandling of the transfer (including but not limited to wrong address, problems of the node servers selected by you).

iii.You understand that the following reasons may result in a “transfer failed” or “mining overtime” prompt:

 insufficient balance in wallet;

 insufficient gas for transaction;

 blockchain’s failure to execute the code of smart contracts;

 the transfer amount exceeding the transfer limits imposed by authorities, Cortex or laws or regulations;

 technical failure of the network or equipment;

 abandoned transactions result from blockchain network congestion or failure;

 the wallet address of yours or your counterparty’s is identified as special addresses, such as high-risk address.

iv.You understand that Cortex is only a tool for transfer of Tokens. Company shall be deemed to have fulfilled its obligations once you have completed the transfer and shall not be held liable for any dispute in relation thereto.

g) IEX and DEX. You understand that the limits of amounts that Users may exchange via IEX or DEX per day are subject to limitations of the third-party-developed Smart Contracts. Company may also set limitations and adjust from time to time the limit of amounts that Users can exchange via IEX or DEX per day.

h) Compliance. You understand that you shall abide by applicable laws, regulations and policies when you use Cortex or the DApps or the Smart Contracts on Cortex.

i) Notifications. Cortex may send notifications to you by web announcements, e-mails, text messages, phone calls, Notification Centre information, popup tips or client-end notices (e.g., information about your transfer or suggestions on certain operations) which you shall be aware of timely.

j) Service fees and taxes.

i.When you use IEX and DEX services, third-party-developed Smart Contracts may charge handling fees and/or service fees from you, which shall be subject to the fees collected by those Smart Contracts, and the relevant information displayed on Cortex is merely for your reference;

ii.the Company does not charge you any service fees or handling fees for the time being. The Company may reach an agreement with you or announce rules regarding service fees in the future;

iii.You need to pay “gas” or network fees when you transfer Tokens, the amount of which would be on your sole discretion and would be collected by the relevant blockchain network;

iv.You understand that your transfer of Tokens may fail under certain circumstances, including but not limited to insufficient “gas” or network fees paid by you for the transfer of Tokens during the time of your transfer, or the relevant blockchain network being unstable, and in such event, you may still be charged gas by the relevant blockchain network, notwithstanding the failed transfer attempted;

v.You shall bear all the applicable taxes and other expenses occurred due to your transactions on Cortex.

V.Risks

1.You understand and acknowledge that the blockchain technology is a field of innovation where the laws and regulations are not fully established. You may be faced with material risks including instability of technology or failure for fiat-token exchange. You also understand that Tokens have much higher volatility comparing to other financial assets. You shall hold or dispose of the Tokens in a reasonable way and corresponding to your financial status and risk preferences. You also acknowledge that the market information is captured from exchanges by Cortex and may not represent the latest or the best quotation of each Token.

2.If you or your counterparty fails to comply with this Agreement or fails to follow the instructions, tips or rules on the website or on the page of the transaction or payment, the Company does not guarantee successful transfer of the Tokens and the Company shall not be held liable for any of the consequences of such failure. If you or your counterparty has already received the payment in Cortex wallet or third-party-developed wallet, you understand that transactions on blockchain are irreversible and irrevocable. You and your counterparty shall assume the liabilities and consequences of your transactions.

3.You understand and acknowledge that IEX and DEX transactions are commenced, conducted and concluded on third-party-developed Smart Contracts. Cortex is only an interface tool for Users to interact with the third-party-developed Smart Contracts and displays relevant results of such completed transactions.

4.When you use Third-Party Service through Cortex, Company strongly suggest you read the terms of use, privacy policy, and other relevant documents and information of such Third-Party Service carefully, get familiar with the counterparty and the product information and evaluate the risks before you make transactions on such third parties. You understand that such transactions and corresponding contractual relationship are between you and your counterparty, instead of the Company. The Company shall not be held liable for any risks, responsibilities, losses or expenses occurred due to such transactions.

5.When you transfer your tokens directly to another wallet address, it is your sole responsibility to make sure that your counterparty is a person with full capacity for civil acts and decide whether you shall transact with him/her.

6.You shall check the official blockchain system or other blockchain tools when you receive an Alert such as “transaction failed” or “mining overtime” in order to avoid repetitive transfer. If you fail to follow this instruction, you shall bear the losses and expenses occurred due to such repetitive transfer.

7.You understand that after you create or import wallet on Cortex, your Keystore, Private Key and Mnemonic Words are only stored on your mobile device and will not be stored in Cortex or on the servers of Company. You may change another mobile device to use Cortex after you follow the instructions on Cortex to back up your wallet. If you lose your mobile device before you could write down or backup your Wallet Password, Private Key, Mnemonic Words or Keystore, you may lose your Tokens and Company will not be able to recover them. If your Wallet Password, Private Key, Mnemonic Words or Keystore is disclosed or the device which stores or holds your Wallet Password, Private Key, Mnemonic Words or Keystore is hacked or attacked, you may lose your Tokens and Company will not be able to recover them. Any and all losses arising in connection with the foregoing shall be borne solely by you.

8.We suggest you backup your Wallet Password, Private Key, Mnemonic Words and Keystore when you create or import wallet by writing them down on papers or backup them in password management apps. Please do not use electronic methods such as screenshots, e-mails, note-taking apps in cell phones, text messages, WeChat or QQ to backup any of the foregoing information.

9.When using the function of Payment without Password of Cortex, we remind you to use such function carefully and before using the same, we suggest that you should:

a) understand carefully the security level of biological identification function of your mobile device;

b) not turn on such function in a public phone; and

c) not turn on such function in case of relatively large amount of crypto currency.

10.In order to avoid potential security risks, we suggest you use Cortex in a secured network environment. Please do not use a jailbreak or rooted mobile device.

11.Please be alert to frauds when you use Cortex. If you find any suspicious activity, we encourage you to inform us immediately.

VI.Change, Suspension, Termination of Company Service

1.You acknowledge and accept that Company may, at its sole discretion, provide only a part of the Services for the time being, suspend certain Services or provide new Services in the future. When we change our Services, your continuous use of Cortex is deemed as your acceptance of this Agreement and revisions of this Agreement.

2.In order to avoid (to the extent possible) any mishandling of Cortex or any risk to the security of your Tokens, you shall not use Cortex if you do not possess the basic knowledge of blockchain. For Users who do not possess basic knowledge of blockchain, Company may refuse to provide all or part of the Services on Cortex to such Users.

3.You understand that Company may suspend the Services under the following circumstances (or may completely terminate the Services in connection with any of the following circumstances):

a) maintenance, upgrading, failure of equipment and blockchain system and the interruption of communications etc., which lead to the suspension of the operation of Cortex;

b) force majeure events including but not limited to typhoon, earthquake, tsunami, flood, power outage, war, or terrorist attacks, or computer viruses, trojan horse, hacker attacks, system instability or government behaviors and other reasons, which result in the Company’s inability to provide Services or if in Company’s reasonable opinion, continuous provision of Services would result in significant risks;

c) material adverse change of applicable laws or policies; or

d) any other event(s) which Company cannot control or reasonably predict.

4.Company reserves the right to unilaterally suspend or terminate all or part of the Services or any function of Cortex under the following circumstances:

a) death of Users;

b) if you steal others’ wallets information or mobile devices;

c) if you provide false Personal Information on Cortex;

d) if you refuse to allow mandatory update of Cortex;

e) if you use Cortex OSC in breach of third-party-developed Open Source License or notices of the Company;

f) if you use Cortex to commit illegal or criminal activities;

g) if you hinder the normal use of Cortex by other Users;

h) if you pretend to be staff or management personnel of Company;

i) if you threaten the normal operation of Company computer system by attack, invasion, alternation or any other means;

j) if you use Cortex to send spam; or

k) if you spread rumours which endanger the goodwill of Company and Cortex;

l) if you conduct any illegal activities, breach this Agreement etc. or other circumstances under which Company reasonably considers necessary to suspend Services.

5.You are entitled to export your wallets within a reasonable amount of time if Company changes, suspends or terminates its Services.

VIII.Privacy Policy

Any personal data or information which you provide to us is also subject to our privacy policy (“Cortex Privacy Policy”), which is incorporated by reference into this Agreement.

IX.Disclaimer and Limitation of Liability

1.Company only undertakes obligations expressly set forth in this Agreement.

2.YOU ACKNOWLEDGE AND ACCEPT THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CORTEX IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. Company shall not be held liable for malfunction of Cortex which results from any of the following reasons:

a) system maintenance or upgrading of Cortex;

b) force majeure, such as typhoon, earthquake, flood, lightning or terrorist attack etc.;

c) malfunction of your mobile device hardware and software, and failure of telecommunication lines and power supply lines;

d) your improper, unauthorized or unrecognized use of the Services;

e) computer viruses, trojan horse, malicious program attacks, network congestion, system instability, system or equipment failure, telecommunication failure, power failure, banking issues, government acts etc.;

f) any other reasons not imputed to Company.

3.Company shall not be held liable due to any of the following circumstances:

a) you losing your mobile devices, deleting Cortex applications and wallets without back-up, forgetting Wallet Passwords, Private Keys, Mnemonic Words, Keystores without back-up, which result in the loss of such User’s Tokens;

b) you disclosing your Wallet Passwords, Private Keys, Mnemonic Words, Keystores, or lending or transfering your Cortex wallets to others, or authorizing others to use your mobile devices or Cortex wallets, or downloading Cortex applications through unofficial channels, or using Cortex applications by other insecure means, which result in the loss of your Tokens;

c) you mishandling Cortex (including but not limited to wrong address, failure of the node servers selected by you) , which result in the loss of Tokens;

d) you being unfamiliar with the lack of knowledge in relation to blockchain technology and your mishandling of Cortex resulting in loss of your Tokens;

e) Cortex being unable to copy accurate transaction records due to system delay or blockchain instability etc.;

4.Each User shall undertake the risks and consequences arising or in connection with the following:

a) such User’s transactions by using Third-Party Service;

b) the use of developer mode by Users; and

c) the use of IEX and DEX services by Users, which shall be assumed by you, your counterparty and issuers of relevant Smart Contracts.

5.You understand that Cortex is only a management tool for Tokens which is incapable to control the quality, security and legitimacy of the Third-Party Service, or the authenticity and accuracy of their information and their capabilities to fulfill the obligations under the agreements with you. You, at your sole discretion, decide whether to use the Third-Party Service. You understand that such transactions and corresponding contractual relationship are between you and your counterparty, instead of the Company. We kindly remind you to carefully review the authenticity, legitimacy, and effectiveness of related information provided by Third-Party Service before you decide to use them. In addition, you shall also assume all the risks arising from the transactions between you and any third-party-developed exchanges.

6.You acknowledge that Cortex may provide services to you and your counterparty simultaneously or may have affiliation or other interest relationship with foregoing parties, and you agree to waive any actual or potential conflicts of interests and will not claim against Company on such base or burden Company with more responsibilities or duty of care.

7.Company does not warrant that:

a) services provided by Company would satisfy all your needs;

b) all techniques, products, services, information or other materials from Company would meet your expectations;

c) all the transaction information in digital Tokens markets captured from the third party exchanges are prompt, accurate, complete, and reliable;

d) your counterparties on Cortex will perform their obligations in the transaction agreements with you timely.

8.You are aware that Cortex is only a tool for Users to manage their Tokens and to display transaction information. Company does not provide legal, tax or investment advice. You shall seek advice from professional legal, tax, and investment advisors. In addition, Company shall not be liable for any investment loss, data loss etc. during your use of our service.

9.You understand that we may change our entry standards, limit the range and ways to provide services for specific Users etc. at any time in accordance with applicable laws and regulations.

X.Miscellaneous

1.No Assignment

Subject to this Agreement, only you and no other person shall have the right to any claim against us in connection with use of the Services. You shall not assign, trade or transfer, or attempt to assign, trade or transfer, your right to any such claim. Any such assignment or transfer shall be void and shall not impose any obligation or liability on or against us to the assignee or transferee.

2.Intellectual Property Rights

Cortex is an application developed and owned by Company. The intellectual property rights of any contents displayed in Cortex (including this Agreement, announcements, articles, videos, audios, images, archives, information, materials, trademarks or logos) are owned by Company or the third-party licensors. Users can only use the Cortex applications and its contents for the purpose of holding and managing their Tokens. In particular, without prior written consent (or permit from relevant Open Source License) from the Company or the third-party licensors, no one shall use, modify, decompile, reproduce, publicly disseminate, alter, distribute, issue or publicly publish the abovementioned applications and contents (including Cortex OSC). This Agreement shall not entitle you to any intellectual property rights, including the rights in relation to the use, for any purpose, of any information, image, user interface, logos, trademarks, trade names, internet domain names or copyright in connection with us or the Services.

3.No Waiver

Any failure by us to enforce this Agreement or to assert any right(s), claim(s) or causes of action against you under this Agreement shall not be construed as a waiver of our right to assert any right(s), claim(s) or causes of action against you.

4.Entire Agreement

This Agreement includes this Cortex Terms of Service, Cortex Privacy Policy, and other rules (including contents in the “Support” column) posted by Company from time to time.

Save for Cortex Terms of Service, Cortex Privacy Policy which are incorporated in this Agreement, this Agreement contains the entire agreement and the understanding between us and supersedes all prior agreements, understandings or arrangements (both oral and written) in relation to the use of Cortex and the services in connection thereto.

5.Taxes

5.1 The use of Services shall be exclusive of all taxes that are applicable to, arising from, or in connection to your use of the Services in any jurisdiction (“Payable Tax”).

5.2 You shall be responsible for determining any Payable Tax and declaring, withholding, collecting, reporting and remitting the correct amount of Payable Tax to the appropriate tax authorities. You shall be solely liable for all penalties, claims, fines, punishments, or other liabilities arising from the non-fulfilment or non-performance to any extent of any of your obligations in relation to the Payable Tax.

5.3 We shall not be responsible for determining any Payable Tax and declaring, withholding, collecting, reporting and remitting the correct amount of Payable Tax to the appropriate tax authorities.

8.Severance and Partial Invalidity

8.1 If any of part of this Agreement is rendered void, illegal or unenforceable by any legislation to which it is subject, it shall be rendered void, illegal or unenforceable to that extent and no further and, for the avoidance of doubt, the rest of this Agreement shall continue to be valid and in full force and effect.

8.2 The illegality, invalidity or unenforceability of any provision of this Agreement under the law of any jurisdiction shall not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of any other provision.

9.Translated versions of this Agreement

Translated versions of this Agreement (if any) are provided for the convenience of Users, and are not intended to revise the English version of this Agreement. If there is any discrepancy between the English version and non-English version of this Agreement, the English version shall prevail.

XI.Others

1.You shall fully understand and conform to the laws, regulations and rules in your jurisdictions which are relevant to use of the Services.

2.During your use of the Services, if you come across any problems, you can contact us through the submission of your feedbacks on Cortex.

3.This Agreement is accessible for all Users on Cortex. We encourage you to read this Agreement each time you log onto Cortex.

4.This Agreement shall become effective on Jun 15, 2019.

As for any issues not covered in this Agreement, you shall comply with the announcements and relevant rules as updated by Company from time to time.

Waterhole io LLC.

Cortex Privacy Policy

Last Updated: Jun 15, 2019.

Dear Users,

Waterhole io LLC. (“Company”, “we”, “us”, or “our”) respects and protects the privacy of Users (“you”, “your” or “Users”). The Company will collect, use, disclose and process your Personal Information, in accordance with this Privacy Policy (“Policy”) when you:

(a) access or use our website and mobile applications (“Applications”) and services; and/or

(b) provide us with your Personal Information, regardless or the medium through which such Personal Information is provided.

The Company recommends that you shall carefully read and understand the whole contents of this Policy before your use of the Applications. Additionally, significant information including the Disclaimer is in bold form in this Policy. Definitions of key words in this Policy are consistent with those in the Cortex Terms of Service of the Company. If there is any discrepancy between the definitions of any defined term used in this Policy and the Cortex Terms of Service , the definition of any defined term used in this Policy shall prevail.

By providing us with your Personal Information, you consent to our collection, use, disclosure (including transfer) and processing of your Personal Information in accordance with this Policy. Please DO NOT provide any Personal Information to us if you do not accept this Policy.

The Company reserves the right to update this Policy online from time to time, without notice to you, and the revised Policy will come into effect and supersede the older versions once posted on our Applications. The revised Policy will apply to Personal Information provided to us previously. In particular, if you do not accept the revised Policy, please immediately stop your use of the Applications. Your continuous use of our Applications will be regarded as your acceptance of the revised policy.

1. Information We Collect

1.1 We collect your Personal Information, including but not limited to your mobile device information, operation records, transaction records and wallet addresses.

1.2 In order to satisfy your needs or requests for specific services, we may also collect Personal Information including but not limited to your name, bank card number, telephone number, email address etc.

1.3 You confirm that your Wallet Password, Private Key, Mnemonic Words, Keystore on the Applications are not stored or synchronized on the Company’ servers. The Company does not offer the service to recover your Wallet Password, Private Key, Mnemonic Words or Keystore.

1.4 We may also request for you to provide us with additional Personal Information in order for us to enable your use of any specific functions of the Applications. Your refusal to provide us with the requested Personal Information will be considered as your choice to not use a particular specific function of the Applications.

1.5 To the extent permitted by applicable laws and regulations, the Company may collect and use the Personal Information in the following circumstances without your prior consent or authorization:

1.5.1 information related to national security and national defense;

1.5.2 information related to public security, public health, significant public interests;

1.5.3 information related to criminal investigation, prosecution, trial and enforcement;

1.5.4 Personal Information in the public domain;

1.5.5 Personal Information collected from legally publicly disclosed information, such as legal news reports, government information disclosure and other channels;

1.5.6 Personal Information necessary to maintain the security and compliance of services, such as to detect or to solve the malfunction of products and services; and/or

1.5.7 other circumstances permitted by laws and regulations.

1.6 We collect information in the following ways:

1.6.1 when you provide us with your Personal Information for whatever reasons;

1.6.2 when you authorize us to obtain your Personal Information from a third party;

1.6.3 when you register for a user account on our Applications;

1.6.4 when you contact us or interact with our employees through various communication channels, for example, through social media platforms, messenger platforms, face-to-face meetings, telephone calls, emails, fax and letters;

1.6.5 when you transact with us, contact us or request that we contact you;

1.6.6 when you request to be included in an email or our mailing list; and/or

1.6.7 when we copy all or part of your transaction records on the blockchain. However, you should refer to the blockchain system for your latest transaction records.

1.7 Our Applications may contain certain technologies that collect Personal Information in the manner described in this Policy (see paragraph 5 below) or the applicable terms and conditions.

1.8 Your provision of Personal Information to us is voluntary and you may withdraw your consent for us to use your Personal Information at any time. However, if you choose not to provide us with the Personal Information we require, it may not be possible for you to use the Applications or for us to contact you, or provide products or services which you need from us.

1.9 In certain circumstances, you may also provide us with the Personal Information of persons other than yourself. If you do so, you warrant that you have informed him/her of the purposes for which we are collecting his/her Personal Information and that he/she has consented to your disclosure of his/her Personal Information to us for those purposes. You agree to indemnify and hold us harmless from and against any and all claims by such individuals relating to our collection, use and disclosure of such Personal Information in accordance with the terms of this Policy.

1.10 You are responsible for ensuring that all Personal Information that you provide to us is true, accurate and complete. You are responsible for informing us of any changes to your Personal Information.

2 How We Use Your Information

2.1 We collect, use or disclose your Personal Information for one or more of the following purposes:

2.1.1 to provide you with products and/or services that you request for;

2.1.2 to manage your relationship with us;

2.1.3 to facilitate your use of our Applications;

2.1.4 to associate you with your wallet by the unique serial number of your mobile device;

2.1.5 to push important notifications to you, such as software update, update of Terms of Service and this Policy;

2.1.6 to assist with your enquiries, feedback, complaints and requests by using the Wallet Address and the mobile device information provided by you;

2.1.7 to notify you of our products, services, programmes and events;

2.1.8 to resolve any disputes, investigating any complaint, claim or dispute or any actual or suspected illegal or unlawful conduct;

2.1.9 to conduct our internal audit, data analysis and research;

2.1.10 to conduct user behavior tracking by tracking the Users’ use of the Applications;

2.1.11 to comply with our obligations in accordance with laws, regulations and to cooperate with regulatory authorities;

2.1.12 to comply with international sanctions and applicable regulation for securities and to counter money-laundering or financing of terrorism;

2.1.13 to enforce obligations owed to us, and contractual terms and conditions; and/or

2.1.14 any other reasonable purposes related to the aforesaid.

2.3 We offer you the “Touch ID/Face ID” option in the “Settings” column of the Cortex to provide you with a convenient way to manage your digital Tokens.

2.4 We offer you the “Payment without Password” option in the Cortex. The Payment without Password function stores your Wallet Password in the Keychain/Keystore of your mobile devices via secure encryption algorithm. Your biological identification (Touch ID or Face ID) and authentication are called when conducting transactions, in order to quickly complete payment and signature.

3 How You Control Your Own Information

You are entitled to control your Personal Information provided to Cortex.

3.1 You may import your other wallets into Cortex through synchronization of wallets and you may export your wallets from Cortex to other Tokens management wallets. Cortex will display the information of imported wallets to you.

3.2 You may add or delete Tokens, transfer and collect Tokens using the “Assets” column.

3.3 You understand that you may handle the following operations in the “Profile” column on Cortex:

3.3.1 in the “Settings” column, you may choose not to open “Touch ID/Face ID”, which means you may refuse to use the Touch ID/Face ID verification service;

3.3.2 in the “Feedback” column, you may submit any questions or suggestions for Cortex at any time. We are glad to communicate with you to improve our services.

3.4 You acknowledge that you may choose not to open “Payment without Password”, which means you may refuse to call your biological identification (Touch ID/Face ID) and authentication when conducting transactions.

3.5 You acknowledge that since blockchain is an open source system, your transaction records are automatically public and transparent in the whole blockchain.

3.6 Our Applications may contain links to other websites, applications or Smart Contracts that are not owned, operated, developed or maintained by us. These links are provided only for your convenience. This Policy only applies to our Applications. When using Third-Party Service, you understand that the Cortex Terms of Service andCortex Privacy Policy will no longer apply. You are encouraged to carefully review their privacy policies and related terms of service.

4 Information We may Share or Transfer

4.1 We will keep your Personal Information for so long as we need the Personal Information for our business and legal purposes.

4.2 We do not sell, trade or otherwise transfer your Personal Information to third parties without your consent.

4.3 If you have consented to our disclosure of your Personal Information to our strategic business partners and associates, we may disclose your Personal Information to them. They will use your Personal Information only for the purposes you have consented to.

4.4 You agree that we may disclose or share your Personal Information with third parties such as:

4.4.1 service providers and data processors working on our behalf and providing services to us such as conducting know-your-clients checks, accounting, data processing or management services, website hosting, maintenance and operation services, e-mail message services, analysis services, handling of payment transactions, marketing etc; and

4.4.2 our consultants and professional advisors (such as accountants, lawyers, auditors).

4.5 If we need to transfer your Personal Information to any country for the purposes set out above, we shall obtain your prior consent and ensure that the recipient of the Personal Information protects your Personal Information to the same level as we have committed to protecting your Personal Information. Where these countries or territories do not have personal data protection laws that are comparable to the laws applicable to our relationship with you, we will enter into legally enforceable agreements with the recipients.

4.6 The Company will not share with or transfer your Personal Information to any third party without your prior consent, except for the following circumstances:

4.6.1 the collected Personal Information is publicized by yourself;

4.6.2 the Personal Information is collected from public information which was legally disclosed, such as news (lawfully reported), government information disclosure and other channels;

4.6.3 in order to abide by applicable laws, regulations, legal procedures, and administrative or judiciary authorities or to enforce our Policy or protect our or others’ rights, property or safety;

4.6.4 in the case of mergers and acquisitions, if transfer of Personal Information is involved, the Company may require the receivers of Personal Information to be continuously bound by this Policy.

5 Automatic Data Collection Technologies

5.1 We use Automatic Data Collection Technologies on our Applications. Examples of such technologies include:

5.1.1 Cookies (or browser cookies). Cookies are small text files which are set by a website or application operator so that your browser or device may be recognised. We may make use of cookies on our Applications to store and track information such as the number of users and their frequency of use, profiles of users and their online preferences. Cookies do not capture information which would personally identify you, but the information collected may be used to assist us in analysing the usage of our Applications and to improve your online experience with us. You can disable the cookies by changing the setting on your browser. However, this may affect the functionality of the Applications.

5.1.2 Web analytics. Web analytics is the term given to a method for collecting and assessing the behaviour of visitors to websites and mobile applications. This includes the analysis of traffic patterns in order, for example, to determine the frequency of visits to certain parts of a website or mobile application, or to find out what information and services our visitors are most interested in. The web analytics services on our Applications are provided by third-party service providers.

6 How We Protect Your Information

6.1 If the Company ceases operation, the Company will stop the collection of your Personal Information, and take steps to delete or anonymize your Personal Information held by us within a reasonable period.

6.2 To protect your Personal Information, the Company may adopt data security techniques, improve internal compliance levels, provide security training for our staff, and set security authority for access to relevant data to protect your Personal Information.

6.3 We will send you messages about information security in the “Notifications” column and update articles concerning the use of wallets and information protection in the “Support” column on our Applications for your reference.

7 Protection for the Minors

The following special provisions apply to minors who are under the age of 18 years old:

7.1 The minors shall not use Cortex without the guidance from their parents or guardians.

7.2 The parents and guardians of the minors shall provide guidance to the minors on using Cortex after they read this Policy, Cortex Terms of Service and other relevant rules.

7.3 Cortex will ensure the confidentiality and security of the minors’ Personal Information in accordance with the applicable laws and regulations.

8 Disclaimer

8.1 After you use Third-Party Service, you acknowledge that this Policy no longer applies to the collection, use, disclosure and transfer of your Personal Information by these third parties. The Company is unable to guarantee that these third parties will implement reasonable security measures to protect your Personal Information.

8.2 You are solely responsible for your use of Third-Party Service and agree that you will not hold the Company liable for any damages incurred or injuries inflicted as a result of the collection, use, disclosure and transfer of your Personal Information by these third parties.

8.3 YOU ACKNOWLEDGE AND ACCEPT THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY WILL ADOPT MEASURES AS REASONABLE AS POSSIBLE TO PROTECT YOUR PERSONAL INFORMATION UNDER CURRENT TECHNIQUES ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS, TO AVOID THE DISCLOSURE, TAMPERING OR DAMAGE OF INFORMATION. SINCE THE COMPANY TRANSFERS DATA WIRELESSLY, THE COMPANY MAKES NO GUARANTEE ON THE PRIVACY AND SECURITY OF WIRELESS INTERNET DATA TRANSFERRING.

9 Miscellaneous

9.1 You shall fully understand and conform to the laws, regulations and rules in your jurisdictions which are relevant to use of the services provided by the Company.

9.3 You may access this Policy and other terms (e.g. Cortex Terms of Service) through our Applications. We encourage you to check the Cortex Terms of Service and Policy of the Company each time you log onto our Applications.

9.4 Any translated versions of this Policy are provided for the convenience of Users, and are not intended to amend the original English version of this Policy. If there is any discrepancy between the English version and non-English version of this Policy, the English version shall prevail.

9.5 This Policy shall become effective on Feb 15, 2019.

As for any issues not covered in this Policy, you shall comply with the announcements and relevant rules as updated by the Company from time to time.

Waterhole io LLC.