Terms of Use

1. Scope of Application

These Terms of Use ("Terms") govern access to and use of the WalletCheck SaaS platform ("WalletCheck" or the "Service"), provided by WalletCheck AG, Zug, Switzerland ("WalletCheck", "we", "our", "us").

These Terms apply to:

• the Client organization (the "Client"), and
• its authorized users.

Precedence of agreements in case of conflict:

1. DPA
2. MSA
3. Order
4. Privacy Policy
5. Terms of Use

2. Access and Authorized Users

Only individuals authorized by the Client may access the Service.

The Client is responsible for managing accounts, enforcing internal policies, and ensuring its authorized users comply with these Terms.

All activities carried out via the Client's accounts are the responsibility of the Client.

3. Use of the Service

3.1 Permitted Use

The Service may be used exclusively for the Client's internal:

• compliance processes,
• AML/CFT assessments,
• customer due diligence (CDD/EDD),
• blockchain wallet analysis and risk classification.

3.2 Prohibited Use

The Client shall not:

• reverse engineer, copy, or modify the Service,
• use the Service for consumer or credit decisions,
• resell or transfer access to third parties,
• use the Service for unlawful or non-compliance purposes,
• input data the Client is not legally authorized to process.

4. Client Data

4.1 Client Data

The Client may provide wallet addresses and other related information ("Client Data").

The Client remains solely responsible for its accuracy, legality, and completeness.

4.2 Restrictions

The Client must not upload:

• biometric data,
• health data,
• political opinions,
• religious beliefs,
• special categories of personal data defined under Art. 5 FADP / Art. 9 GDPR,
• any irrelevant or excessive personal data,
• malware or harmful code.

4.3 Ownership

Client Data remains the property of the Client.

WalletCheck processes Client Data solely to provide the Service, acting as a processor; the Client remains the controller.

5. Wallet Analysis & Methodology

5.1 Methodology

WalletCheck applies multi-hop tracing, entity recognition, sanctions screening, transaction classification, flow-of-fund analysis, and a traffic light (Green/Amber/Red) risk assessment system.

A complete and continuously updated description is provided in the Methodology Page, which is incorporated into these Terms by reference.

5.2 No Guarantee of Completeness

Blockchain data may be incomplete, inaccurate, or inconsistent. Therefore, no blockchain analytics tool can guarantee complete transaction coverage, perfectly accurate entity attribution, or definitive detection of illicit activity.

Accordingly, WalletCheck does not warrant that its analyses, labels, or assessments are complete, accurate, or free from error.

5.3 Informational Nature

Assessments and risk indicators are informational tools only.

They do not represent legal advice, compliance advice, or a definitive determination of illicit activity.

5.4 Final Responsibility

The Client remains solely responsible for all compliance, onboarding, monitoring, escalation, and reporting decisions.

WalletCheck assumes no responsibility for decisions based on Assessments.

5.5 Automated Analyses

The Service includes automated analyses. These do not constitute solely automated decision-making under Art. 21 FADP / Art. 22 GDPR. All outputs require human review.

6. Service Availability and Support

WalletCheck uses commercially reasonable efforts to provide continuous availability.

No specific uptime guarantee is provided under these Terms.

Support is provided via email and phone on a reasonable efforts basis during Swiss business hours.

7. Hosting and Security

7.1 Hosting

The Service is hosted in Microsoft Azure datacenters located in Switzerland.

7.2 Security Measures

WalletCheck implements industry-standard security controls including:

• encryption in transit and at rest,
• access control,
• logging,
• full data segregation by tenant,
• network security monitoring.

7.3 Client Responsibilities

The Client must use appropriate security measures internally, including MFA, device security, and least-privilege access.

8. Intellectual Property

All rights in the Service, its analytics models, software, UI, content, and methodology belong to WalletCheck.

The Client receives a limited, non-exclusive, non-transferable license to use the Service for internal compliance purposes only.

9. Confidentiality

Both parties must protect each other's confidential information.

Confidentiality obligations survive termination.

10. Liability

10.1 Limitation

To the extent permitted by law, WalletCheck's liability is limited to direct damages caused by gross negligence or intentional misconduct.

WalletCheck is not liable for:

• onboarding or compliance decisions,
• indirect or consequential damages,
• business losses,
• misinterpreted or incomplete assessments,
• undetected illicit activity,
• inaccurate or delayed blockchain data,
• third-party data errors (e.g., nodes, explorers, oracles).

10.2 Indemnification

The Client shall indemnify and hold WalletCheck harmless from any claims, damages, or liabilities arising from:

• unlawful or unauthorized Client Data,
• misuse of the Service,
• violations of law or regulation by the Client.

11. Term and Termination

These Terms apply for as long as the Client uses the Service.

Upon termination, WalletCheck will return or delete Client Data in accordance with the applicable DPA.

12. Data Protection

Personal data processing is governed by the WalletCheck Privacy Policy and the applicable Data Processing Agreement (DPA).

The Client is responsible for ensuring a lawful basis to transmit personal data to WalletCheck.

Subprocessing is governed by the Privacy Policy and the DPA.

13. Amendments

WalletCheck may amend these Terms to reflect service improvements or legal requirements.

Material amendments will be notified 30 days in advance and take effect unless the Client objects within the notice period.

Non-material amendments take immediate effect.

14. Force Majeure

Neither party is liable for delays or failures caused by circumstances outside its reasonable control, including outages, cyberattacks, natural disasters, regulatory changes, or cloud provider disruptions.

15. Severability

If any provision of these Terms is found invalid, the remaining provisions remain in full force.

16. Entire Agreement

These Terms, together with the applicable MSA and DPA, constitute the entire agreement governing use of the Service.