Terms of Use

These Terms of Use constitute a legally binding agreement between you and Vidfish Pte. Ltd. (Company Registration Number: 201802220Z), a company incorporated in Singapore with its registered address at 151 Chin Swee Road, #07-12, Manhattan House, Singapore 169876 (the “Company“), and comprise:

    1. Section A: Clauses 2 to 13 (inclusive) will apply if you choose to use our service. As used in these Terms of Use, “our service” or “the service” means the personalised service provided by the Vidfish App (as defined below) for discovering and watching Chinese language content, including all features and functionalities, recommendations and reviews, the website, and user interfaces, as well as all content and software associated with our service. By your registration for a Vidfish Account (as defined below) and/or continued use of our service, you acknowledge that you have fully understood and accepted Section A in its entirety as a legally binding agreement. If you do not agree with or accept any provision of Section A, please do not register for the Vidfish Account (as defined below) and/or use any other part of our service;

 

    1. Section B: Clauses 14 to 15 (inclusive) will apply if you own, possess, hold or are otherwise entitled to the economic consequences of ownership (your “Ownership“) of the “VUO Coin“, the cryptocurrency token platform based on the Ethereum blockchain, which is designed to allow content creators to, without the need for middlemen or centralised providers or aggregators, price the content that they provide directly into the Vidfish App (as defined below). By your purchase, receipt and/or continued Ownership of VUO Coins, you acknowledge that you have fully understood and accepted Section B in its entirety as a legally binding If you do not agree with or accept any provision of Section B, please do not purchase, receive, or retain Ownership of any VUO Coin; and

 

  1. Section C: Clauses 1, and 16 to 19 (inclusive) will apply when you choose to use our service and/or retain Ownership of the VUO

 

Please refer to the appropriate sections below.

 

1. Definitions
In these Terms of Use, unless the subject or context otherwise requires, the following words and expressions shall have the meanings set out hereafter:  
"AML" : means anti-money laundering;
"API" : means the Application Programming Interface, being a set of functions and procedures that allow the creation of applications which access the features or data of an operating system, application, or other service;
"Applicable Laws" : with respect to any person, means any and all applicable treaties, legislation, laws, regulations, codes, or rulings, orders, or any form of decisions issued by, or requirements of, governmental, statutory, regulatory, or supervisory bodies (including without limitation, any relevant stock exchange or securities council, central bank, or any financial regulatory authority) or any court or tribunal with competent jurisdiction, in Singapore or elsewhere, as amended or modified from time to time, and to which such person is subject;
 
"Blockchain-based Vidfish Account Transaction" : has the meaning ascribed to it in Clause 5.4 of these Terms of Use;
"CFT" : means countering the financing of terrorism;
"Changes" : has the meaning ascribed to it in Clause 18.1 of these Terms of Use;
"Company" : means Vidfish Pte. Ltd.;
"Content Providers" : means you and/or other users who create, post, upload, or share the Premium Content on the Vidfish App;
"Credentials" : in relation to your Vidfish Account, means your log-in username, password, and any other access keys for accessing your Vidfish Account;
"Customer Information" : means all information which you provide to the Company in connection with our service or your use of the VUO Coins, including information which identifies or which relates to you, whether true or not, and information collected, used and/or disclosed in accordance with these Terms of Use and the Policies;
"Force Majeure Event" : means any event or circumstance the occurrence and the effect of which the Company is unable to prevent and avoid, notwithstanding the exercise of reasonable foresight, diligence and care on the part of the Company, including but not limited to acts of God, restraint of government (including compliance by any party with any Applicable Laws) or by any person representing any such authority, strikes, lockouts, industrial disturbances, explosions, fires, floods, earthquakes, storms, lightning and any other causes similar to the kind herein;
"Improper Transactions" : has the meaning ascribed to it in Clause 13.1 of these Terms of Use;
"Indemnified Parties" : means the Company and its directors, officers, employees, advisers, licensors, agents and representatives;
"Intellectual Property Rights" : means all source codes, copyright, patents, trade marks, service marks, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief for any past, current or future infringement, misappropriation or violation of any of the foregoing rights;
 
"Losses" : means all losses, liabilities, costs, damages, claims, expenses (including legal fees, costs and expenses on a full indemnity basis), compensation, demands, actions and proceedings, howsoever arising, whether in contract, tort (including negligence or breach of statutory duty) or otherwise, and whether direct, indirect or consequential;
"Ownership" : has the meaning ascribed to it in Recital (2) of these Terms of Use;
"Payment Method" : means a current, valid, accepted method of payment and for receiving payments (as the case may be), as may be updated from time to time, including but not limited to payment through your account with a third party service provider and/or any cryptocurrency wallet;
"Policies" : means the Privacy Policy, other applicable policies, other terms and conditions as may be prescribed by the Company, notices, procedures, specifications, guides and guidelines that are provided or made available to you, appear on the Company’s website or are referred to in these Terms of Use and which the Company may modify from time to time;
"Premium Content" : means media content in any substance or form, including but not limited to photos, videos, sound, text, graphics, code, items or other information and materials, as created, posted, uploaded, or shared on the Vidfish App by Content Providers;
"Privacy Policy" : means the current version of the personal data protection and privacy policy of the Company published and made available to the public by the Company on its website;
"Third-Party Content" : has the meaning ascribed to it in Clause 9.2 of these Terms of Use;
"Vidfish Account" : means any account of a user under the Vidfish App for the provision of our service;
"Vidfish App" : means the mobile application known as "Vidfish" and as listed on the Google Play Store operated by Google LLC and on the App Store operated by Apple Inc.;
"Vidfish Content" : means collectively, the VIP Content and the Premium Content;
"VIP Content" : means media content in any substance or form, including but not limited to photos, videos, sound, text, graphics, code, items or other information and materials, as created, posted, uploaded, or shared on the Vidfish App by the Company; and
"VUO Coin" : means the cryptocurrency token platform based on the Ethereum blockchain, which is designed to allow content creators to, without the need for middlemen or centralised providers or aggregators, price the content that they provide directly into the Vidfish App.


SECTION A: OUR SERVICE:


The Vidfish App is an online video viewing mobile application which offers Chinese language content to viewers residing in regions where we have the rights to the content.

2. Vidfish Account Opening

2.1. To use our service, you must:
2.1.1. have Internet access and a Vidfish App-ready device;

2.1.2. be residing outside the People's Republic of China (not including the Hong Kong and Macau special administrative regions or Taiwan);

2.1.3. be at least eighteen (18) years of age or the age of majority in your province, territory or country, have full power and capacity to accept these Terms of Use and otherwise perform all of your obligations hereunder; and

2.1.4. provide us with one (1) or more Payment Methods.

2.2. You will be requested to register and provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated.

2.3. If you have successfully registered for a Vidfish Account previously, and thereafter register for a second Vidfish Account using the same Customer Information as previously provided by you, the Company reserves the right not to approve the registration of such second Vidfish Account. If your previous registration for a Vidfish Account was rejected by the Company, or the Company had previously closed your Vidfish Account, you may not be able to reapply for a new Vidfish Account.

3. Our Service and the Vidfish App

3.1. In using the Vidfish App, we grant you a limited, non-exclusive, non-transferable right to access our service and enjoy Vidfish Content. Our service and any Vidfish Content viewed through the service are for your personal and non-commercial use only and may not be shared with individuals beyond your household.

3.2. The Vidfish App is developed by, or for, the Company and is designed to enable viewing of Vidfish Content. This software may vary by device and medium, and the functionalities and features may also differ between devices. You acknowledge that the use of the service may require third party software that is subject to third party licenses. You agree that you may automatically receive updated versions of the Vidfish App and related third-party software.

3.3. The quality of the display of the Vidfish Content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. You are responsible for all Internet access charges.

3.4. You may view Vidfish Content primarily within the country in which you have established your Vidfish Account and only in geographic locations where we offer our service and have licensed such content. The content that may be available to watch will vary by geographic location and will change from time to time.

3.5. You agree to use our service and/or the Vidfish App, including all features and functionalities associated therewith, in accordance with all Applicable Laws, or other restrictions on the use of the service or content therein, including but not limited to those stipulated in Clause 10 below. We may terminate or restrict your use of our service and/or the Vidfish App if you violate these Terms of Use or are engaged in illegal, fraudulent or otherwise improper use of the service, as determined in our sole discretion.

4. Terms Governing Premium Content

4.1. Our service includes parts thereof which allow Content Providers to create, post, upload, share or store Premium Content on the Vidfish App. Unless otherwise agreed to between yourself and the Company in writing, you agree to grant the Company a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, transferable and fully sub-licenseable right to use, reproduce, create derivative works of, distribute, publicly perform and publicly display all Premium Content for any purpose which the Company deems fit (including the copying, transaction, distribution and publication thereof).

4.2. You represent and warrant that you own all Intellectual Property Rights (or have obtained all necessary rights) to create, post, upload, share or store Premium Content in connection with any part of our service and to grant the Company the foregoing licence(s) in Clause 4.1.

4.3. You are solely responsible for any of the Premium Content created, posted, uploaded, shared or stored by you and for your use of any interactive features of our service, and you shall ensure that the said Premium Content complies with Clause 10.2 below. You are also solely responsible for creating backup copies of and replacing any Premium Content you create, post, upload, share or store in or through any part of the service at your sole cost and expense.

4.4. The Company does not endorse any Premium Content that is created, posted, uploaded, shared or stored by Content Providers in or through any part of the service, and shall not be responsible or liable for such Premium Content. Although the Company is under no obligation to screen, edit or monitor Premium Content, the Company reserves the right, and have absolute discretion, to remove, screen or edit any Premium Content posted or stored on the Vidfish App at any time and for any reason. Your usage and enjoyment of Premium Content created, posted, uploaded, shared or stored by any other user are solely between you and such user, and the Company is not responsible or liable in any manner for Losses arising from such interactions.

5. Billing for Vidfish Content

5.1. Vidfish Content on the Vidfish App comprises the VIP Content and the Premium Content. You may gain access to and enjoy the relevant Vidfish Content, subject to Clauses 5.2 and 5.3 below.

5.2. Premium Content may be accessed and enjoyed on a pay-per-view basis. Premium Content is priced by the relevant Content Providers, which will be disclosed to you before your purchase. The pay-per-view fee for Premium Content and any other charges you may incur in connection with your use of our service, such as taxes and possible transaction fees, will be paid via your Payment Method immediately before your enjoyment of the Premium Content. To the extent permitted under the Applicable Laws, payments for the Premium Content are non-refundable and we do not provide refunds or credits for any unwatched Premium Content.

5.3. VIP Content may be accessed and enjoyed on a subscription basis, which will continue from month-to-month until it is terminated. The subscription fee for the VIP Content and any other charges you may incur in connection with your use of our service, such as taxes and possible transaction fees, will be charged on a monthly basis to your Payment Method on the calendar day corresponding to the commencement of the paying portion of your subscription plan. You further agree to the following:

5.3.1. Your payment date may change in cases, such as but not limited to the following: your Payment Method has not successfully been settled, or your paid subscription plan began on a day not contained in any other given month.

5.3.2. We may offer a number of subscription plans for the VIP Content, including special promotional plans or subscription plans offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some subscription plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you.

5.3.3. Unless you cancel your subscription before your monthly billing date, you authorise us to charge your next month's subscription fee to your Payment Method.

5.3.4. You can cancel your subscription plan at any time, and you will continue to have access to our service through to the end of your monthly billing period. To the extent permitted under the Applicable Laws, payments for the VIP Content are non-refundable and we do not provide refunds or credits for any partial-month subscription periods or unwatched VIP Content.

5.3.5. We may change our subscription plans and the price of our service from time to time. Any price changes or changes to our subscription plans will apply to you no earlier than thirty (30) days following our notice to you.

5.4. When you instruct the Company to process and complete a Vidfish Account transaction in accordance with this Clause 5, you agree and accept that you authorise the Company to execute such transaction immediately (unless otherwise stated) in accordance with your instructions and charge you any applicable fees associated therewith. Nevertheless, the actual completion of a Vidfish Account transaction (to the extent that it is blockchain-based) ("Blockchain-based Vidfish Account Transaction") may be deferred for a certain period of time until an adequate number of confirmations has been received on the relevant blockchain.

5.4. You further agree and accept that any duly authorised instruction by you to the Company to process and complete any Vidfish Account transaction in accordance with this Clause 5 cannot be reversed, changed, withdrawn or cancelled, unless such reversal, change, withdrawal or cancellation is reasonably practicable and specifically permitted or required by the Applicable Laws.

6. Rewards and Free Trials

6.1. We may create promotions for which you may be rewarded in the form of VUO Coin. In the event of a promotion for which you are eligible, VUO Coins will be credited to the cryptocurrency wallet listed in your Payment Method and which is associated with your Vidfish Account. If there is no Payment Method associated with your Vidfish Account, or if your Payment Method is not available to receive VUO Coins, you agree that your right to receive VUO Coins may be forfeited at our sole discretion.

6.2. We may provide portions of the VIP Content for free to allow new subscribers and certain former subscribers to try our service. However, at our sole discretion, we may limit your eligibility or duration of the free trial to prevent free trial abuse. We reserve the right to terminate the free trial and put your account on hold if we determine that you are not eligible.

7. Payment Method

To use our service you must provide one (1) or more Payment Methods. You authorise us to charge any Payment Method associated with your Vidfish Account if your primary Payment Method is declined or no longer available to us for payment of any applicable fees or for receiving any payments made by us to you. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used.

8. Responsibility to Maintain Secrecy and Security of Credentials

8.1. The Company is committed to handling all Customer Information provided by you to the Company with the appropriate standards of information security and in accordance with the Policies.

8.2. You shall have the sole responsibility to maintain the secrecy and secure possession of all of your Credentials. If you do share your Credentials with a third party for any reason, without prejudice to any other provision of these Terms of Use and to the maximum extent permitted by all Applicable Laws, your grant of your Credentials to another party will be deemed as your authorisation of their use of your Vidfish Account and you will be liable for all Vidfish Account transactions and fees incurred by such person. Granting permission to any third party in any way does not relieve you of any of your responsibilities, obligations and liabilities under these Terms of Use.

9. Intellectual Property Rights

9.1. Nothing in these Terms of Use shall entitle you to any Intellectual Property Rights, including the rights in relation any information, image, user interface, logos, trademarks, trade names, Internet domain names, databases, websites, graphics, software, applications, application programming interfaces, programs, code or copyright of any part of these Terms of Use (including the Policies), the Company’s website, the Vidfish Content, the Vidfish App or the Vidfish Account. Accordingly, none of the said Intellectual Property Rights may be copied, imitated, reproduced, used to create derivative works, transferred, assigned, distributed, modified, displayed, published, licensed, leased, rented, offered for sale or used, in whole or in part, without the Company's prior written consent.

9.2. The Company may display, reproduce, publish or otherwise use Intellectual Property Rights belonging to other third parties on or through any part of our service, the Vidfish App or the Company’s website (collectively, "Third-Party Content"). The Company does not control, endorse, sponsor or adopt any Third-Party Content or any third parties referenced on our service, and the Company makes no representations or warranties of any kind regarding such Third-Party Content, including, without limitation, regarding its accuracy or completeness. Your interactions with Third-Party Content, and any third party that provides Third-Party Content, are solely between you and such third parties, and the Company is not responsible or liable in any manner for such interactions or Third-Party Content. When you leave the Vidfish App or the Company’s website and enter a third-party application or website, these Terms of Use and the Policies will no longer be applicable.

9.3. The Company observes a policy of limiting access to the service by users who infringe the Intellectual Property Rights of others. If you believe that anything associated with our service infringes any copyright that you own or control, please notify the Company.

10. Prohibited Uses of the Vidfish App

10.1. In using our service and/or the Vidfish App or any part thereof, you agree not to, whether directly or indirectly, without our prior written consent:

10.1.1. archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorised in these Terms of Use) content and information contained on or obtained from or through our service, including but not limited to any Vidfish Content;

10.1.2. circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in our service;

10.1.3. use any robot, spider, scraper or other automated means to access our service;

10.1.4. use our service for public performances, publicly display, distribute, sell, rent, lease, timeshare or otherwise commercially exploit any part of our service;

10.1.5. decompile, reverse engineer or disassemble any software or other products or processes accessible through our service;

10.1.6. insert any code or product or manipulate the content of our service in any way;

10.1.7. use any data mining, data gathering or extraction method;

10.1.8. upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with our service, including any software viruses or any other computer code, files or programs;

10.1.9. use any part of our service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our service or that could damage, disable, overburden or impair the functioning of any part of our service in any manner;

10.1.10. use any part of our service to deliberately steal the assets of another user, the Company, or affiliated companies;

10.1.11. violate, infringe or misappropriate any intellectual property right of other third parties, or commit a tort;

10.1.12. develop any third-party applications that interact with our service without our prior written consent;

10.1.13. conduct or facilitate transactions involving:

a. narcotics, steroids, certain controlled substances or other products that present a risk to human safety;

b. drug paraphernalia;

c. items that encourage, promote, facilitate or instruct others to engage in illegal activity;

d. stolen or pirated goods including digital and virtual goods or items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction;

e. the promotion of hate, violence, racial intolerance, or the financial exploitation of a crime;

f. items that are considered obscene;

g. certain sexually oriented materials or services;

h. harassment, threats, intimidation, or stalking, or that the Company otherwise deems as objectionable;

i. fraud, extortion or blackmail, that seeks to disseminate falsehoods about the Company or otherwise harm the Company’s reputation and credibility using deception;

j. ammunition, firearms, or certain firearm parts or accessories, or certain weapons or knives regulated under applicable law;

k. pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs;

l. purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card; and

m. offering or receiving payments for the purpose of bribery or corruption;

10.1.14. violate any Applicable Laws of any jurisdiction; and

10.1.15. allow a third party to use any part of our service in a manner that would breach this Terms of Use if the Terms of Use were applicable to said third party.

10.2. You will not create, post, share or store any Premium Content on the Vidfish App that:

10.2.1. is unlawful, libellous, defamatory, obscene, pornographic, sexually suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

10.2.2. would constitute, encourage or provide instructions for a criminal offense, violate or infringe the rights of any party (including Intellectual Property Rights or rights of publicity or privacy), or otherwise create liability or violate any local, state, national or international law;

10.2.3. contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;

10.2.4. contains personally identifiable information about any person without that person’s consent;

10.2.5. impersonates, or misrepresents your affiliation with, any person or entity (including the Company);

10.2.6. refers to or depicts the Company or our service but fails to disclose any material connection to the Company or our service which may exist;

10.2.7. contains any unsolicited promotions, political campaigning, advertising or solicitations;

10.2.8. contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or

10.2.9. in the Company’s sole judgment, is objectionable or that restricts or inhibits any other person from accessing and using the service, or that may expose the Company or any other person to any harm or liability of any type.

11. Vidfish Account Closure by the Company

11.1. The Company shall be entitled to terminate, restrict or suspend your access to and use of any part of our service, and/or close your Vidfish Account for any reason at any time if:

11.1.1. you have violated, breached or failed to comply with any part of these Terms of Use or the Policies;

11.1.2. the Company determines that you pose an unacceptable credit or fraud risk to it or to other users;

11.1.3. you provide or have provided false, incomplete, inaccurate, or misleading Customer Information (including without limitation any information in relation to your registration for a Vidfish Account) or otherwise engage in fraudulent or illegal conduct;

11.1.4. the Company has security concerns regarding your Vidfish Account or your Credentials;

11.1.5. if you withdraw your consent to receive electronic communications from the Company; or

11.1.6. the Company suspects or has reason to believe that there has been any Improper Transactions.

11.2. Subject to the Applicable Laws:

11.2.1. you shall not be entitled to any payment, compensation or damages from the Company in relation to any closure of your Vidfish Account by the Company pursuant to this Clause for any reason;

11.2.2. any closure of your Vidfish Account for any reason shall not release you from any liability or responsibility on your part, which at the time of such suspension or termination, has already accrued; and

11.2.3. the rights of suspension, restriction, closure and termination of the Company under these Terms of Use shall be without prejudice to any other rights or remedies which the Company may have (whether under these Terms of Use, at law, in equity or otherwise).

11.3. In the event of a closure of your Vidfish Account by the Company, the Company will maintain a record of the Customer Information provided by you to the Company in its database for the Company’s compliance with the Applicable Laws of the relevant jurisdictions.

12. Vidfish Account Closure by You

12.1. You shall be entitled to close your Vidfish Account at any time by notifying the Company of your intention of such closure or termination in accordance with Clause 19.13.

12.2. Any termination by you shall be subject to fees which are payable by and chargeable to you, and you hereby agree to authorise the Company to charge such amounts of fees to your Payment Method.

12.3. In the event of closure of your Vidfish Account by you, the Company will maintain a record of the Customer Information provided by you to the Company for its compliance with the Applicable Laws of the relevant jurisdictions.

13. Disputed Vidfish Account Transactions

13.1. If you discover, suspect or have reason to believe that there has been any Vidfish Account transaction arising from or in connection with any loss, theft, or inappropriate or unauthorised disclosure of and/or use of your Vidfish Account and/or your Credentials or any manifest or obvious technical and/or system failure and/or error ("Improper Transactions"), you shall immediately:

13.1.1. notify the Company of such Improper Transactions and provide such other Customer Information as may be requested by the Company in relation to such Vidfish Account transaction in accordance with Clause 19.13;

13.1.2. take such steps as may be prescribed by the Company in relation to such Improper Transactions, including the making of a police report accompanied by a written confirmation of such Improper Transactions that the Company may require; and

13.1.3. through the Vidfish App, access your Vidfish Account and disable all uses of your Vidfish Account for any further transactions.

SECTION B: THE VUO COIN:

VUO Coin is cryptocurrency based on the Ethereum network, which is designed to allow content creators to, without the need for middlemen or centralised providers or aggregators, price the content that they provide directly on the Vidfish App.

14. Representations and Warranties

14.1. In purchasing, receiving, or retaining Ownership of the VUO Coin, you represent, warrant and undertake that:

14.1.1. you have read and understand these Terms of Use;

14.1.2. you have provided true, accurate and complete Customer Information as requested by the Company for any reason, including but not limited to for the purpose of complying with the Applicable Laws in relation to CFT and AML;

14.1.3. you: (a) are at least eighteen (18) years old; (b) have full power and authority to accept these Terms of Use; and (c) have not been placed on any of the sanctions lists, published and maintained by the United Nations, the European Union, the UK Treasury the US Office of Foreign Assets Control and/or the Monetary Authority of Singapore;

14.1.4. if you are purchasing, receiving, or retaining Ownership of the VUO Coin on behalf of an entity, whether a corporation or a body unincorporate: (a) such entity is duly organised and validly existing under the Applicable Laws; (b) you are duly authorised by such entity to act on its behalf; (c) such entity will be responsible for a breach of these Terms of Use by you or any other employee, agent or representative of such entity (references to "you" in these Terms of Use refer to you and such entity, jointly); and (d) any beneficial owner of the entity, director, employee, services provider, representative or any other individual in any way connected with the Company has not been placed on any of the sanctions lists, published and maintained by the United Nations, the European Union, the UK Treasury, the US Office of Foreign Assets Control and/or the Monetary Authority of Singapore;

14.1.5. if you are purchasing, receiving, or retaining Ownership of the VUO Coin on behalf of another individual: (a) you are duly authorised by such individual to act on his or her behalf; (b) the individual is at least eighteen (18) years old; (c) the individual has full power and authority to accept these Terms of Use; (d) such individual will be responsible for a breach of these Terms of Use by you or any other agent of such entity (references to "you" in these Terms of Use refer to you and such individual, jointly); and (e) such individual has not been placed on any of the sanctions lists, published and maintained by the United Nations, the European Union, the UK Treasury, the US Office of Foreign Assets Control and/or the Monetary Authority of Singapore;

14.1.6. you have a sufficient understanding of the functionality, usage, storage, transmission mechanisms and other material characteristics of cryptographic tokens like Bitcoin and Ether, token storage mechanisms (such as cryptocurrency wallets), blockchain technology and blockchain-based software systems to understand these Terms of Use and to appreciate the risks and implications of purchasing, receiving, or retaining Ownership of the VUO Coins, including and not limited to those specified in Clause 14.2;

14.1.7. you have obtained sufficient information about VUO Coin to make an informed decision to purchase, receive, or retain Ownership of the VUO Coins;

14.1.8. the VUO Coin is not designed to be a "security" within the meaning of the Securities and Futures Act of Singapore (Cap. 289) of Singapore;

14.1.9. you will comply with any applicable tax obligations in your jurisdiction arising from your purchase, receipt, or continued Ownership of the VUO Coins;

14.1.10. you will not use VUO Coin for any illegal activity under the Applicable Laws of Singapore or any relevant jurisdiction, including but not limited to those pertaining to CFT or AML;

14.1.11. you will not violate or attempt to violate the security of the Company’s website, our service and the VUO Coin, and you will not hack into, interfere with, disrupt, disable, over-burden, modify, publish, reverse engineer, create derivative works, or otherwise impair the Company’s website, our service and the VUO Coin;

14.1.12. you are not a United States citizen, resident or entity, nor are you purchasing, receiving, or retaining Ownership of the VUO Coins on behalf of a United States citizen, resident or entity; and

14.1.13. you are not a resident of the People's Republic of China, nor are you purchasing VUO Coin on behalf of a resident of the People's Republic of China.

14.2. In purchasing, receiving, or retaining Ownership of the VUO Coin, you represent, warrant and undertake that you are fully aware of and you recognise the following risks, and the Company hereby disclaims any liability for or in connection with the same:

14.2.1. Blockchain Network Risk: actual completion of a Blockchain-based Vidfish Account Transaction can be deferred for a certain period of time until an adequate number of confirmations has been received. A Blockchain-based Vidfish Account Transaction will not be reflected in your cryptocurrency wallet until such adequate number of confirmations has been received and confirmed by the Company. There is a possibility that your Blockchain-based Vidfish Account Transaction may be cancelled or remain unconfirmed on a blockchain. Your Blockchain-based Vidfish Account Transaction may be irreversible, and, accordingly, Losses due to fraudulent or accidental transactions may not be recoverable. Your Blockchain-based Vidfish Account Transaction shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time when you or another party initiated the transaction;

14.2.2. Risks Associated with the Ethereum Protocol: because VUO Coin is based on the Ethereum protocol, any malfunction, breakdown or abandonment of the Ethereum protocol may have a material adverse effect on VUO Coin. Moreover, advances in cryptography, or technical advances such as the development of quantum computing, could present risks to VUO Coin, including the utility of VUO Coin for obtaining our service, by rendering redundant the cryptographic consensus mechanism that underpins the Ethereum protocol;

14.2.3. Risk of Using Wallet Services: a private key, or a combination of private keys, is necessary to control and dispose of VUO Coins stored in your cryptocurrency wallet or vault. Where you use a cryptocurrency wallet or vault and you do not have secure possession of your private key or credentials to access such cryptocurrency wallet or vault, you may not be able to access your VUO Coins. Correspondingly, the loss of the requisite private key(s) associated with your cryptocurrency wallet or vault will result in loss of such VUO Coins. Moreover, any third party that gains access to such private key(s), including by gaining access to login credentials of your cryptocurrency wallet or vault may be able to misappropriate your VUO Coins. Any errors or malfunctions caused by or otherwise related to your cryptocurrency wallet or vault, including your own failure to properly maintain or use such cryptocurrency wallet or vault, may also result in the loss of your VUO Coins. The Company is also under no obligation, and may not be able, to assist you in such cases;

14.2.4. Risk of Mining Attacks: as with other cryptographic tokens based on the Ethereum protocol, VUO Coins are susceptible to attacks by miners in the course of validating Blockchain-based Vidfish Account Transactions on the Ethereum blockchain, including, but not limited, to double-spend attacks, majority mining power attacks, and "selfish-mining" attacks. Any successful attacks present a risk to VUO Coin, including, but not limited to, accurate execution and recording of your Blockchain-based Vidfish Account Transactions;

14.2.5. Risk of Hacking and Security Weaknesses: hackers or other malicious groups or organisations may attempt to interfere with VUO Coin in a variety of ways, including, but not limited to, malware attacks, denial of service attacks, consensus-based attacks, Sybil attacks, smurfing and spoofing;

14.2.6. Risk of Uninsured Losses: unlike bank accounts or accounts at some other financial institutions, VUO Coins are uninsured unless you specifically obtain private insurance to insure them. Thus, in the event of loss or loss of utility value, there is no public insurer or private insurance arranged by the Company to offer recourse to you;

14.2.7. Risk of Force Majeure: there is a risk that your Blockchain-based Vidfish Account Transaction may be affected by system failures resulting from adverse events, natural disasters and other emergencies and unforeseen significant changes in the external environment. With regard to any Loss due to occurrences such as emergency

situations and Force Majeure Events, the Company is under no obligation to take any corrective action or measure; 14.2.8. Regulatory Risk: the regulatory frameworks applicable to payment services providers and transactions in connection with VUO Coin are still developing and in a state of flux. It is possible that your Blockchain-based Vidfish Account Transaction is, or may be in the future, subject to various reporting, tax or other liabilities and obligations. Legislative and regulatory changes or actions at the country, regional or international level may materially and adversely affect the use, transfer, exchange, and value of VUO Coin;

14.2.9. Risks Arising from Taxation: the tax characterisation of VUO Coin is uncertain. You must seek your own tax advice in connection with purchasing VUO Coin, which may result in adverse tax consequences to you, including withholding taxes, income taxes and tax reporting requirements;

14.2.10. Risk of Dissolution of the Company: it is possible that, due to any number of reasons, including, but not limited to, a decrease in VUO Coin’s utility (including its utility for obtaining our service), the failure of commercial relationships, or intellectual property ownership challenges, the Company may no longer be viable to operate and the Company may dissolve;

14.2.11. Risks Arising from Lack of Governance Rights: because VUO Coins confer no governance rights of any kind with respect to the Company, all decisions involving the Company will be made by Company at its sole discretion, including, but not limited to, decisions to sell or liquidate the Company. These decisions could adversely affect the utility of the VUO Coins that you hold, including VUO Coin’s utility for obtaining our service; and

14.2.12. Unanticipated Risks. Cryptographic tokens such as VUO Coins are a new and untested technology. In addition to the risks included in herein, including those that the Company cannot anticipate. Such risks may further materialise as unanticipated variations or combinations of the risks discussed.

15. General Provisions

15.1. The representations, warranties, undertakings in Clause 14 will remain true and accurate in all respects for so long as you retain Ownership of any VUO Coin.

15.2. Notwithstanding any other provision in this Terms of Use:

15.2.1. the VUO Coin does not constitute a currency;

15.2.2. the VUO Coin is not designed with the purpose or effect, or purported purpose or effect, to enable you to (whether by acquiring any right, interest, title or benefit in or any part of the Company's assets or otherwise) to (a) to participate in or receive profits, income, or other payments or returns arising from the acquisition, holding, management or disposal of, the exercise of, the redemption of, or the expiry of, any right, interest, title or benefit in or any part of the Company's assets; or (b) to receive sums paid out of such profits, income, or other payments or returns;

15.2.3. the VUO Coin shall not grant or be deemed to grant any right, option or derivative in respect of any debentures, stocks or shares as defined in the Securities and Futures Act of Singapore (Cap. 289) of Singapore; and

15.2.4. no business trust is established in relation to the offering, sale or transfer of VUO Coins, as defined in the Business Trusts Act (Cap. 31A) of Singapore.

15.3. Where you have divested yourself of Ownership of the VUO Coins, you shall bring these Terms of Use to the attention of any purchaser, receiver or subsequent owner of the VUO Coins.

SECTION C: GENERAL PROVISIONS:

16. Disclaimers, Indemnity and Liabilit

16.1. Subject to the Applicable Laws and the Policies, the Company shall not in any event be liable in any way to you or any person for any Loss, howsoever arising from or in connection with:

16.1.1. your use of the Vidfish Account, the Vidfish App or VUO Coins;

16.1.2. any airdrop, fork, hack, mining attack (including but not limited to double-spend attacks, majority mining power attacks and "selfish-mining" attacks), cyber-attack, distributed denials of service, technical and/or system failure and/or errors, vulnerability, defect, flaw in programming or source code or any other occurrence resulting in a change in the structure or source code of any blockchain, including but not limited to the VUO Coin;

16.1.3. any failure, malfunction or breakdown of, or disruption to, the operation of the Vidfish Account, the Vidfish App or the VUO Coins;

16.1.4. any delay or inability on the Company’s part to perform any of its obligations under these Terms of Use because of any Force Majeure Event;

16.1.5. any breach of any obligation of confidentiality by any third party service provider associated with any Vidfish Account;

16.1.6. the use of your Credentials by any third party to whom you had granted access, whether intentionally or not;

16.1.7. any Improper Transactions;

16.1.8. any loss, theft, or inappropriate or unauthorised disclosure of and/or use of the private keys to the cryptocurrency wallet associated with the VUO Coins held by you; and

16.1.9. any injury to your credit, character and reputation in relation to your use of your Vidfish Account, and you hereby waive any claim that you may now or in the future have against the Company for the same.

16.2. You completely, irrevocably, and unconditionally undertake to keep the Indemnified Parties fully and effectively indemnified for any Loss (including legal costs on an indemnity basis) incurred or suffered by the Indemnified Parties, directly or indirectly, howsoever arising from or in connection with:

16.2.1. any of the matters mentioned in Clause 16.1 above;

16.2.2. a breach of any provision of these Terms of Use on your part; and

16.2.3. the enforcement or protection of the Indemnified Parties’ rights and remedies against you under these Terms of Use, or in obtaining or seeking to obtain payment of all or any part of the monies hereby agreed to be paid by you.

16.3. This Clause 16 shall survive any expiry, termination or other cessation of your relationship with the Company, the use of your Vidfish Account and/or your Ownership of the VUO Coins.

17. Collection, Use and Disclosure of Customer Information

17.1. Subject to the Applicable Laws and the Policies (including the Privacy Policy), the Company shall be entitled to collect, use and disclose any and all Customer Information.

17.2. The Company may make, directly or indirectly, any inquiries which it considers necessary to validate the Customer Information provided by you to the Company. You hereby agree to answer such inquiries promptly and to provide all supporting documentation as the Company may request from time to time.

17.3. You hereby agree to:

17.3.1. provide accurate, current and complete Customer Information in relation to your identity, location and other matters in connection with your registration for a Vidfish Account, the use of any part of our service and/or your purchase, receipt and/or continued Ownership of VUO Coins;

17.3.2. keep all Customer Information provided by you to the Company updated at all times;

17.3.3. immediately notify the Company if you change your country of residency or domicile or if there are any other changes to any other Customer Information provided by you to the Company, in particular, should it change to the People's Republic of China;

17.3.4. if applicable, protect and maintain the security of your access to your Vidfish Account and/or the Credentials; and

17.3.5. if applicable, immediately notify the Company if you discover or otherwise suspect any Improper Transactions.

17.4. In providing the services, the Company may engage third party service providers. Subject to the Applicable Laws and the Policies (including the Privacy Policy), you hereby affirmatively agree, consent to and authorise the collection, use, and disclosure of any and all such Customer Information by such third party service providers.

18. Changes to the Terms of Use and the Policies

18.1. The Company shall have the right in its sole and absolute discretion to amend, modify or vary these Terms of Use and such part of the Policies at any time by giving notice of such amendment, modification or variation ("Changes") on the Company’s website, via the Vidfish App or in any other form or manner deemed to be appropriate by the Company (which shall constitute good and sufficient notice thereof to you by the Company and shall be deemed to have been received by you on the date of such posting or the making public of such notice (as the case may be)). Any such Change shall be effective from the date of such posting or the date stated for the Change to come into force, whichever is the later.

18.2. If you do not accept a Change as set out in a notice given by the Company, you shall forthwith close your Vidfish Account by notifying the Company of such closure in accordance with Clause 19.13 or divest yourself of Ownership of the VUO Coins (as the case may be), prior to the proposed date of entry into force of the amended, modified or varied Terms of Use. Subject further to Clause 12, you shall nevertheless remain liable to the Company after your closure and/or termination for any liabilities or charges which you may have incurred and are responsible for prior to your closure and/or termination.

18.3. Where you continue to hold or use your Vidfish Account and/or Ownership of the VUO Coins after the proposed date of entry into force of the Changes to these Terms of Use, you shall be deemed to have agreed with and accepted such Changes to these Terms of Use.

19. Miscellaneous Terms and Conditions

19.1. These Terms of Use incorporate, and you hereby agree with and accept, the Privacy Policy and other applicable Policies as may be prescribed, provided or made available to you, appear on the Company’s website or are referred to in these Terms of Use and which the Company may modify from time to time.

19.2. You hereby agree and accept that the Company’s records of Vidfish Account transactions, Customer Information and any other matter in relation to these Terms of Use or your use of our service (including any communications transmitted electronically or telecommunications between the Company and you) shall be final and conclusive and binding for all purposes, in the absence of manifest and obvious technical and/or system failure and/or error.

19.3. Without prejudice to any of the Company’s other rights and remedies (whether under these Terms of Use, at law, in equity or otherwise), the Company is required to act in accordance with any and all Applicable Laws relating to anti-fraud, CFT and AML, and may be subject to sanctions in relation thereto. The Company shall be entitled to take any action which may be required by any applicable regulatory authority and/or law enforcement body or which it, in its sole and absolute discretion, considers to be appropriate to take in order to comply with such Applicable Laws.

19.4. Without prejudice and in addition to any right of set-off to which the Company is otherwise entitled and to the maximum extent permitted by all Applicable Laws, the Company may, at any time, upon written notice to you, set-off any amounts owing by you to the Company for any breach by you of these Terms of Use against any amounts which the Company owes to you.

19.5. Subject to the Applicable Laws and Clause 19.13 below:

19.5.1. any determination, decision or opinion of the Company under or as envisaged in any provision in these Terms of Use shall be made or held in the sole and absolute discretion of the Company;

19.5.2. the Company shall not be required to provide any reason or explanation for any of its determinations, decisions and opinions; and

19.5.3. if the Company nevertheless provides any reason or explanation for any of its determinations, decisions or opinions, such reason or explanation shall not be binding on the Company, and such reason or explanation does not constitute any representation, warranty or undertaking by the Company (as to any future action or otherwise).

19.6. The illegality, invalidity or unenforceability of any provision of this Terms of Use under the Applicable Laws 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. If any invalid, unenforceable or illegal provision would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the Parties.

19.7. These Terms of Use shall survive termination to the extent necessary for the closure of your Vidfish Account by you or the Company, for compliance by the Company with the Applicable Laws, and where expressly stated to survive termination.

19.8. No failure to exercise or enforce, and no delay on the part of the Company in exercising or enforcing its rights under these Terms of Use shall operate as a waiver thereof nor shall such failure or delay in any way prejudice or affect the rights of the Company at any time.

19.9. The right to use our service is non-transferable and all rights, interests and obligations under these Terms of Use shall be non-assignable upon the establishment of your Vidfish Account without the prior written consent of the Company. Our service shall be used strictly by only you and no other person

19.10. To the maximum extent permitted by all Applicable Laws, the Company may assign and transfer any or all of its rights, interests and obligations under these Terms of Use to any person. Any such assignment or transfer shall take effect upon posting on the Company’s website or on such date as may be otherwise stated. If the Company assigns and transfers all its rights, interests and obligations under these Terms of Use:

19.10.1. all references to the Company in these Terms of Use shall upon and after any such assignment and transfer be construed as a reference to the assignee and transferee of the Company; and

19.10.2. such assignee and transferee shall be entitled to enforce all rights and perform all obligations of the Company and to be paid all sums due from you under these Terms of Use as at the date of such assignment and transfer thereafter.

19.11. To the maximum extent permitted by all Applicable Laws, the Company shall be entitled to sub-contract and delegate any or all of its obligations under these Terms of Use or any other matters contemplated in these Terms of Use, to any third party as the Company deems fit, whether for such third party to carry out or procure the carrying out of such obligations or matters. In such event, the Company shall not be liable to you for, and hereby disclaims all liability and responsibility in relation to, any act, omission, neglect or wilful default on the part of such third party.

19.12. No person who is not a party to these Terms of Use has any right under the Contracts (Rights of Third Parties) Act (Cap. 53B) of Singapore to enforce or enjoy the benefit of, or rights granted by, any provision of these Terms of Use.

19.13. All notices and communications by the Company to you shall be in writing in the English language and no other language. You agree that the Company may provide notice or other information to you by posting it on the Company’s website or via the Vidfish App (including the posting of information which is only accessible by you by logging into your Vidfish Account), or emailing it to the email address provided by you as Customer Information in connection with your Vidfish Account. You must have internet access and an email account to receive communications and information relating to our service. With the exception of amendments to these Terms of Use, such notice shall be considered to be received by you within twenty-four (24) hours of the time it is posted on the Company’s website or through your Vidfish Account via the Vidfish App or emailed to you.

19.13.1. For general matters relating to our service, the Company can be contacted via email at hello@vidfish.com or through the Vidfish App.

19.13.2. For issues relating to the VUO Coin, please contact the Company via email at hello@vuocoin.com.

19.14. These Terms of Use shall be subject to and construed in accordance with the laws of Singapore.