Article 1 (Purpose)Please read these Terms of Use (hereinafter referred to as “Terms”) carefully before using the lunchlunch.xyz website https://lunchlunch.xyz/ (hereinafter referred to as “lunchlunch.xyz”, “lunchlunch”, “Lunch”, “website”, “site”, “service”, “us”, “we” or “our”) owned and operated by company SH EUROPE UAB (reg. number 306660607) with a registered address Zalgirio g. 88-101, Vilnius, Lithuania. SH EUROPE UAB (reg. number 306660607) is incorporated under the laws of Republic of Lithuania and operates under the laws of the Republic of Lithuania and European Union.
The purpose of these Terms of Service is to define the rights, obligations, and responsibilities of Lunchlunch. Ltd. ("the Company") and the members ("Members") who register as members and use the digital wallet service "Lunch" ("Service") provided by the Company.
Article 2 (Definitions)
1. "Service" means all services related to the digital wallet service Lunch provided by the Company, regardless of the type of device (such as PC or mobile devices).
2. "Wallet" means a service that provides the function of checking and storing digital assets linked to a Member's account and the ability to send and receive digital assets through a wallet address.
3. "Digital asset" means all data on the blockchain, including coins, tokens, NFTs (Non-Fungible Tokens), which are a means of storing value and exchanging them electronically through the Service.
4. "Wallet address (public key)" means a unique identification address on the blockchain used to record changes in digital assets between Members through the Service.
5. "2FA and screen lock password" is a combination of numbers that a Member sets and can be used with biometric authentication, such as fingerprint or face recognition. The 2FA and screen lock password is used to unlock the screen when the Member has not used the Service for a certain period of time or as a second authentication to authorize digital asset transfers, swaps, and transaction signatures.
6. "Private key" means a unique combination of characters and numbers used to authorize the transfer and signature of digital assets held by the wallet address.
7. "Recovery phrase" means a unique combination of English words used by the Member to generate or recover a wallet address and private key.
8. "DApp" means a service provided to Members by a third party or "Affiliate" that is an individual and independent service executed through a series of programs with smart contracts on the blockchain. The "Affiliate" refers to a company that provides services in conjunction with the "Service" by partnering with the Company as a DApp provider.
9. "Nickname" means the "Member's name" that the Member has agreed to the Terms of Service and Privacy Policy and collected for the Member's use of the Service.
Unless otherwise defined in these Terms of Service, the definitions of terms used in these Terms of Service shall be governed by relevant laws and general commercial practices.
Article 3 (Posting and Revision of Terms)
1. The Company must make the contents of these Terms and Conditions easily accessible to members by posting them on the app's service settings screen and on the Company's website (www.lunchlunch.xyz).
2. The Company may modify these Terms and
3. Conditions as long as it does not violate applicable laws, such as the "Act on the Regulation of Terms and Conditions" and the "Act on the Promotion of Information and Communications Network Utilization and Information Protection, etc." (hereinafter referred to as the "Information and Communications Network Act").
4. If the Company revises the Terms and Conditions, it must clearly indicate the date of application and the reason for the revision. The Company must provide notice of the revised Terms and Conditions together with the current Terms and Conditions at least 7 days prior to the date of application of the revised Terms and Conditions, via email, homepage, in-service notice, or other means. If the revision of the Terms and Conditions is unfavorable to the member, the Company must provide a prior notice of at least 30 days. In this case, the Company must clearly compare the contents before and after the revision so that members can easily understand them.
5. If the member does not express rejection of the revised Terms and Conditions despite prior notice, the revised Terms and Conditions shall be deemed approved.
6. If the member does not agree to the revised Terms and Conditions, the Company cannot apply the contents of the revised Terms and Conditions. In this case, the member may terminate the use contract. However, if there are special circumstances that prevent the application of the existing Terms and Conditions, the Company may terminate the use contract.
Article 4 (Conclusion of Use Agreement)
1. The use contract ("Use Contract") for the services provided by the Company shall be concluded when the person who wishes to become a member ("Subscriber") agrees to the contents of the Terms and Conditions and receives the service.
2. In any of the following cases, the Company may refuse or suspend the acceptance of the applicant's membership application, and may cancel the acceptance if any of the following reasons are confirmed even after membership is established:
- 1. if the member is under the age of 14
- 2. if the member's use of the Service constitutes or may constitute a violation of any law other than the laws of the Republic of Korea in effect at the member's place of residence.
- 3. if the member uses the name of another person, provides false information, or engages in illegal activities such as money laundering, or if any violation of law is confirmed during the use of the Service.
- 4. if it is difficult to approve the membership application due to relevant laws, supervisory regulations, guidelines of supervisory organizations, third-party service terms, etc.
- 5. if the company's service-related facilities are not available, or if there are technical or business problems.
- 6. if the member is a national of a country that has not implemented the international standards of the Financial Action Task Force (FATF) (high-risk countries requiring action and countries subject to enhanced monitoring)
- 7. if there are other reasons why it is difficult to approve the subscription.
Article 5 (Change of Member Information)
1. Members can view their personal information at any time through the personal information management screen. When modifying personal information, they can do so by verifying their identity through email, etc., as provided at the time of registration.
2. Members must notify the Company of any changes in the information provided when applying for membership by modifying it online or by other means such as email.
3. The Company shall not be held responsible for any disadvantages arising from the member's failure to notify the Company of changes as per Paragraph 2.
Article 6 (Personal Information Protection Obligations)
The Company shall strive to protect the Member's personal information and comply with relevant laws, such as the "Information and Communications Network Act" and the "Personal Information Protection Act," if applicable. The Member's personal information shall be used only for the purpose and scope agreed to by the Member for the provision of the Service, and details shall be processed in accordance with the policy set forth in the Privacy Policy.
Article 7 (Member's obligations to manage "private key," "recovery character," and "password")
1. Members are responsible for managing their private key and recovery text and must not allow a third party to use it.
2. If members become aware that their private key or recovery text is being stolen or used by a third party, they must immediately notify the Company and follow the Company's instructions.
3. In the case of Paragraph 2, the Company shall not be held liable for any disadvantages caused by the Member's failure to notify the Company or their failure to follow the Company's guidance, unless there is intent or negligence on the part of the Company.
4. The Company shall not be held liable if a third party illegally misappropriates the Member's private key or recovery text without any reason attributable to the Company.
Article 8 (Obligations of the "Company")
1. The Company shall not engage in any act prohibited by applicable laws and these Terms and Conditions, or acts that go against public order and morals. The Company shall make every effort to provide the Service continuously and stably.
2. The Company shall have the necessary personnel and systems to properly handle user complaints or requests for damage relief arising in connection with the use of the Service.
3. For opinions or complaints raised by members, the Company may communicate the process and results to members through email, etc.
Article 9 (Responsibilities of "Members")
Members are not allowed to engage in the following actions: a. Providing false information when registering or changing information. b. Stealing other people's information. c. Altering the information posted by the company. d. Transmitting or posting information (such as computer programs) that is not authorized by the company. e. Violating the intellectual property rights of the company and other third parties, such as copyrights. f. Engaging in actions that damage the reputation or interfere with the work of the company and other third parties. g. Disclosing or posting obscene or violent messages, images, voices, or other information that is contrary to public order and morals on the service. h. Using the service for commercial purposes without the consent of the company. i. Engaging in other illegal or unfair acts.Members must comply with the relevant laws, these Terms and Conditions, the user guide and precautions notified in connection with the Service, and any other matters notified by the company. Members are also not allowed to engage in any other acts that interfere with the company's business.
Article 10 (Provision of "Services", etc.)
The company provides the following services to members: a. Creating a new wallet address. b. Verifying digital assets. c. Transferring and managing digital assets. d. Registering and deleting tokens displayed through the service. e. Authorizing and signing various transaction requests of the Service and "DApp." f. Importing recovery phrases and private keys, and exporting recovery phrases. g. Any services that the company further develops or provides to members through partnership agreements with other companies, etc.The service is provided 24 hours a day, 7 days a week, in principle.The company may temporarily suspend the provision of the service if there is a substantial reason, such as maintenance, inspection, replacement, or breakdown of information and communication facilities such as computers, communication interruption, or operation. In this case, the company shall notify the member in a reasonable manner. However, if the company cannot notify the member in advance due to unavoidable reasons, it may notify the member afterward.The company may conduct regular inspections as necessary for the provision of the service, and the time of the regular inspection shall be announced on the service provision screen. In addition, restrictions on the use of the service may occur in part or in whole during regular inspections, and the company shall not be liable for any damages caused thereby unless there is intention or negligence on the part of the company.The company shall not be liable for any restrictions on some functions in the service due to reasons such as failure or inspection of third-party services connected to the service. In this case, the company shall announce or notify the member of such fact.The current market price information (based on CoinMarketcap) of the tokens held by the member is provided through the service, and the market price information is updated at certain intervals. If the market price of CoinMarketcap is not available, the company may use the market price of other exchanges as a reference. However, the current market price information may be subject to errors depending on the time of access and network conditions, and the company does not assume any responsibility for any damages that may occur due to reliance on the market price information.Members may incur fees when executing token transfers, NFT transfers, token swaps, and other contracts.
Article 11 (Token Swap)
1. Token Swap is a service provided by a third party. The Company does not participate in this service, and all responsibility and obligations related to the service are the sole responsibility of the service provider offering the swap service.
2. When using Token Swap provided by a third party, losses may occur due to fluctuations in the value assessment caused by the market fluctuations of virtual assets. Members should be aware of this fact when using the service.
3. The Company provides members with multiple swap estimates offered by token swap service providers at the time of inquiry, but this is not a recommendation, advice, or opinion of the Company regarding the Token Swap. In addition, if a certain amount of time has passed after receiving a swap estimate, the swap may proceed differently from the estimate, and all decisions and responsibilities related to using Token Swap belong solely to the member.
4. Members may be responsible for network fees and service usage fees incurred as a result of Token Swap.
Article 12 (Changes and Discontinuation of "Service")
1. The Company may change all or part of the services provided for operational or technical reasons if there is a significant reason to do so.
2. When there is a change in the content, method of use, or usage time of the service, the Company will provide a reasonable notice of the reason for the change, the content of the service to be changed, and the date of provision before the change is distributed on each app store. However, if there is an unavoidable reason that the Company cannot notify in advance, it may be announced after the fact, but the Company will notify the member as soon as possible.
3. The Company may modify, suspend, or terminate all or part of the free services provided as necessary for the Company's policies and operations, and if there is a special provision in the relevant laws due to the Company's intentional or negligent conduct causing the loss or deletion of a member's wallet/wallet address, the Company may provide appropriate compensation to the member. However, if there is no fault on the part of the Company, no separate compensation will be provided to the member.
Article 13 (Termination of Contract and Rejoining)
1. A member may terminate the agreement by notifying the company of their intention to terminate the agreement through the "Withdrawal" application of the Lunch app, and the agreement will be terminated when the member's notice of termination reaches the company. However, even in this case, the recovery text message and private key will not be destroyed.
2. The company may terminate the agreement immediately without separate corrective action or notice in the following cases, and in other cases, the company shall notify the member and provide a period of 7 days to rectify the issue before terminating the agreement: a. If a member violates these terms and conditions b. If a member violates relevant laws such as providing illegal programs, disrupting service operations, illegal communications and hacking, distributing malicious programs, and exceeding access permissions. c. If a member disrupts the smooth progress of the services provided by the company or attempts to do so, or if the member provides false information to the company d. If the company deems it necessary to refuse to provide the service based on a reasonable judgment
3. All benefits obtained by a member through service use will be forfeited upon termination of the agreement under this article, and the company shall not compensate the member separately for this.
4. When the agreement is terminated under this article, all information of the member will be deleted except for the information that the company must retain under relevant laws and the privacy policy.
5. Notwithstanding the preceding paragraph, if the company terminates the agreement under paragraph 2, the company may retain the member's information for a certain period of time for processing the member's objections or requests.
6. The company provides a function for transferring digital assets through private keys via Lunch, but does not assume any obligation to manage a member's digital assets. All responsibility for digital assets, including the storage and prevention of theft or loss of private keys, shall be borne by the member. The company does not separately store, manage, or save recovery text messages, so members should be careful to back up and manage recovery text messages before removing the service.
Article 14 (Limitation of Liability)
1. The company shall be exempt from liability for service provision in case of force majeure or other unavoidable circumstances.
2. The company shall not be liable for any service disruption caused by a member's fault, unless the company intentionally or negligently causes the disruption.
3. The company shall not be liable for the reliability, accuracy, or other contents of information, data, or facts posted by a member in relation to the service.
4. The company shall be exempt from liability if a member or a third party trades or transacts through the service provided by the company.
5. The company shall not be liable for the use of free services unless there are special provisions in relevant laws or the company intentionally or negligently causes the harm.
6. While the company provides the function of transferring digital assets through private keys via Lunch, the company does not assume any obligation to manage a member's digital assets. All responsibility for digital assets, including the storage and prevention of theft or loss of private keys, shall be borne by the member.
Article 15 (Intellectual Property Rights)
All intellectual property rights related to the Company's services are owned by the Company. Members have the right to use the services within the scope of the terms and conditions set by the Company, and are not authorized to modify, register, cancel, or infringe upon the Company's intellectual property rights under any circumstances.
Article 16 (Risk and Liability Related to Assets and Transactions)
1. Members agree to and acknowledge the following:
- 1. The value of assets is highly volatile and may fluctuate drastically, which could result in significant losses for asset holders. The Company does not guarantee the value of assets.
- 2. The Company does not guarantee the suitability, safety, or integrity of assets and networks.
- 3. Information recorded on the blockchain is difficult to delete, which means that transaction cancellations and information deletions may not be possible.
- 4. Changes such as network upgrades, hard forks, and operational suspensions in the blockchain network could have unintended negative effects on assets.
- 5. Regulations related to assets such as blockchains and cryptocurrencies are uncertain, and new regulations or policies may have a negative impact on the utility, value, stability, and development potential of assets. In other words, the entire or part of the service may be changed or terminated in accordance with the instructions, recommendations, or related laws and regulations of the government/regulatory agencies.
- 6. There are risks associated with the use, transmission, and storage of internet-based assets, including but not limited to system and communication risks related to hardware, software, and networks, malicious software infiltration, unauthorized access to third-party information or wallets, and hacking risks.
2. The Company shall not be liable for losses caused by the Member's fault or negligence, unpredictable losses, or disputes between Members or between a Member and a third party not attributable to the Company.
3. The Company shall not be liable for the loss of expected profits that Members may incur from using the service. Additionally, the Company does not guarantee the accuracy of information provided through the service and shall not be held responsible for any losses incurred as a result. However, the Company shall be held responsible if the losses are due to the Company's fault.
4. The Company is not responsible for managing Members' assets themselves. The responsibility for the storage, prevention of theft or loss of Members' wallet addresses, distributed encryption, assets, account information, and all liabilities shall be borne by Members, and the Company shall not be liable for any damages incurred unless it is due to the Company's fault.
5. The Company does not guarantee the merchantability, suitability, performance, quality, reliability, sustainability, timeliness, or intellectual property rights of the service and any information included in it, including third-party rights not disclosed by the Company. The Company is not responsible for damages caused by the use of or inability to use the service, except in cases where it is due to the Company's fault. The Company shall not be held responsible for any damages caused by the suspension, modification, addition, or discontinuation of the service
Article 17 (Governing Law and Jurisdiction)
Both Lunch and the user agree that any disputes arising between the two parties shall be initially attempted to be resolved by contacting the other party. In such cases, the user shall contact Lunch by sending an email to help@lunchlunch.xyz, and Lunch shall contact the user via the email that was used for registration or any other information that the user provided in his/her account.Upon any dispute or claim arising under the terms, obligations, or promises under these Terms or any additional agreements, you agree to work with Lunch to resolve the dispute privately to reach the relevant resolution. If the relevant resolution is not reached, user transacting on Lunch as an entrepreneur in the course of his business activity agree to work with us through mediation with a mutually agreed mediator. If mediation fails to produce a mutually agreeable outcome, then the arbitration shall be done. The arbitration will be performed under the rules adopted by the Vilnius Court of Commercial Arbitration (VCCA) at the time a claim is filed with an arbitrator. The arbitration will take place in Vilnius Court of Commercial Arbitration, Republic of Lithuania. An arbitration judgment may be entered into and enforced by a court of competent jurisdiction, which judgment may include the costs and attorneys’ fees for the prevailing party at arbitration.If you are a consumer in the meaning of the EU Consumer Rights Directive, you always have an absolute right to court in case of inability to reach a dispute resolution in other way. Such claims/lawsuits shall be settled under the laws of The Republic of Lithuania by the courts of Vilnius.These Terms and any relations that arise under these Terms including any litigation shall be governed in accordance with the laws of Lithuania without regard to its conflict of law provisions.
Addendum
1. These Terms of Use will enter into force on April 23, 2024.
