1.0. ACCEPTANCE OF TERMS
1.1. Introduction
1.1.1. The following Terms and Conditions (the "Terms") apply to any person that registers for and/or opens a Skye Wallet Account through Skye Wallet.com or any associated mobile or web applications, website, or APIs.
1.1.2. By accessing or using our Platform at https://skyewallet.com including our subdomains and our mobile application or our Platform, you (the "User", "User" "Client" or "you") signify that you have read, understood and agreed to be bound by these Terms and Conditions of service ("Terms" or "Agreement").
1.1.3. The Terms constitute a legally binding agreement between you and Skye Innovation Technology Limited ("Skye Wallet"), a company incorporated under the laws of the Federal Republic of Nigeria and govern your access to and use of the Skye Wallet cryptocurrency exchange platform (the ''Platform''). For further information on Skye Wallet Innovation Technology Limited, and its operating subsidiaries, please see the [About page] on the Skye Wallet website.
1.2. About Skye Wallet
1.2.1. Skye Wallet is a super-simple interfaced web and app-based cryptocurrency wallet and exchange platform that performs all cryptocurrency activities in one Click.
1.3. Acceptance
1.3.1. By registering for and opening a Skye Wallet Account, you unconditionally accept these Terms and agree to be bound by and act in accordance with them.
1.3.2. You also accept and agree that you are solely responsible for understanding and complying with all laws, rules, regulations and requirements of the jurisdiction in which you live that may be applicable to your use of the Skye Wallet website and/or your Skye Wallet Account, including but not limited to, those related to, taxes or foreign currency transactions. Please read these Terms carefully before using the Platform because they affect your legal rights and obligations.
1.4. Supremacy Clause
1.4.1. To the fullest extent permitted by law, these Terms prevail over any inconsistent terms or conditions contained, or referred to, in any correspondence between the User and the Skye Wallet, on the Platform, website, subdomain or implied by law, trade custom, practice or course of dealing.
1.4.2. No terms or conditions delivered with or contained in a User's correspondence with Skye Wallet shall form part of the Contract and the User waives any right which it otherwise might have to rely on such terms and conditions.
1.5. Interpretation
1.5.1. For the purposes of these Terms, any reference to "we" "us" "our" "Skye Wallet" and/or any similar term shall be construed as reference to Skye Wallet.
2.0. AMENDMENT OF TERMS
2.1. Skye Wallet may amend the Terms from time to time.
2.2. You should visit the terms and conditions page on the Platform regularly to check when the Terms were last updated (as displayed at the top of this document) and to review the current Terms.
2.3. The continued use of your Skye Wallet Account, after any amendment to these Terms, constitutes your acceptance of the Terms, as modified by such amendment.
2.4. If you do not accept the Terms, or any amendment to them, you must immediately stop using the Platform and your Skye Wallet Account.
3.0. REGISTRATION AND ONBOARDING
3.1. Where any part of the Platform requires you to register in order to use it, you are obliged to provide accurate and complete registration information.
3.2. It is your responsibility to update and maintain any changes to that information by altering your details as appropriate.
3.3. The Platform shall allow you access to use registration areas of the Platform on the basis that:
- 3.3.1. You satisfy all the eligibility criteria stipulated in clause 3 above;
- 3.3.2. Your personal details including your email address and password are personal to you and may not be used by anyone else;
- 3.3.3. You shall not do anything to assist anyone who is not a registered user to gain unauthorized access to any area of the Platform or use your account to carry out transactions on behalf of a third party;
- 3.3.4. You submit and consent to all verification of all KYC documentation, including but not limited to BVN validation and anti-money laundering checks that may be conducted by Skye Wallet in compliance with applicable laws;
- 3.3.5. You will not use your Skye Wallet Account for or in relation to any illegal or prohibited activity in violation of any laws, statutes, ordinances or regulations;
- 3.3.6. You shall not maliciously create accounts for the purpose of abusing the functionality of the Platform, or other users, nor do you seek to pass yourself off as another user;
- 3.3.7. You are responsible for all activities that occur under your account, regardless of whether the activities are undertaken by you, your employees or a third party (including a spouse, children and other relatives) and, except to the extent caused by our breach of these Terms.
- 3.3.8. We and our affiliates shall not responsible for unauthorized access to your account, and you will contact us immediately you notice an unauthorized third party may be using your account or if your account information is lost or stolen; and
- 3.3.9. You shall comply at all times with the terms herein (as may be amended from time to time).
4.0. ELIGIBILITY & VERIFICATION (KYC/AML)
4.1. You must be at least 18 years old and legally capable of entering binding contracts.
4.2. You must provide accurate personal information matching your bank records.
4.3. Skye Wallet operates a tiered verification system:
- 4.3.1. Level 1: Email & sms verification. Limited functionality and transaction limits.
- 4.3.2. Level 2: Bvn submission & linked Nigerian bank account. Higher transaction limits.
- 4.3.3. Level 3: Government-issued ID + smile ID liveness check. Highest transaction limits.
4.4. Deposits and withdrawals are permitted only from/to bank accounts that have users name i.e. name of user must match the name of the bank account to be used for transactions. Please note that Users may forfeit moneys paid if these terms and conditions are not complied with.
4.5. In addition to 4.4 above, Skye Wallet may restrict, suspend, or terminate accounts for suspected fraud, prohibited activities, or non-compliance with KYC/AML laws.
5.0. PLATFORM SERVICES
5.1. Custodial Wallet
5.1.1. Skye Wallet holds and manages all user assets in custodial wallets, with cold storage for security and hot wallets for operational needs.
5.1.2. Users will not receive interest on funds held.
5.2. Spot Trading
5.2.1. Spot trades are executed at Skye Wallet's quoted rates, with Skye Wallet acting as counterparty.
5.2.2. Orders are final and cannot be canceled once confirmed.
5.3. Peer to Peer (P2P) and Escrow Trading
5.3.1. Service overview – Skye Wallet provides a peer-to-peer (p2p) marketplace where buyers and sellers can trade cryptocurrency using an escrow system.
5.3.2. Escrow mechanism
- 5.3.2.1. All trades on Skye Wallet are processed on an instant settlement basis. This means that once a trade is initiated, the corresponding cryptocurrency and/or fiat value is transferred immediately between the Parties' wallets within the platform.
- 5.3.2.2. A trade may only be initiated where the initiating Party has sufficient funds in their wallet. The system will not permit initiation of a trade or purchase where the required amount is not available.
- 5.3.2.3. As trades are executed instantly, there is no requirement for separate confirmation of payment or receipt by either Party.
- 5.3.2.4. Once a trade is executed, it is deemed final and irrevocable, except in cases of proven fraud, system error, or regulatory intervention as determined by Skye Wallet in its sole discretion.
- 5.3.2.5. Users are responsible for ensuring the accuracy of trade details (including wallet addresses, trade amounts, and counterparties) before confirming any transaction. Skye Wallet shall not be liable for losses arising from user error.
5.4. Refunds & forfeitures:
5.4.1. All trades executed on skye wallet are processed on an instant settlement basis and are deemed final, binding, and irrevocable once confirmed by the user. Accordingly, skye wallet does not provide refunds for completed transactions.
5.4.2. Users are solely responsible for ensuring the accuracy of transaction details (including recipient wallet address, trade amount, and asset selection) prior to execution. Any errors or unintended transactions are at the sole risk of the user.
5.4.3. Funds may only be refunded or reversed in cases of:
- i. Proven fraud,
- ii. System malfunction or error attributable to skye wallet, or
- iii. Regulatory directive requiring reversal.
5.4.4. Where a user attempts to initiate a trade without sufficient funds or in violation of these terms, skye wallet reserves the right to reject the transaction and, where applicable, forfeit any associated charges or fees.
5.4.5. In the event of account suspension or termination due to breach of these terms, any unused or blocked funds may be forfeited in accordance with applicable law and regulatory directives.
5.5. DISPUTES:
5.5.1. Users acknowledge and agree that all trades executed on skye wallet are instant, final, and binding. Accordingly, disputes relating to payment confirmation or non-receipt of funds are not applicable, as transactions cannot be initiated without sufficient wallet balances.
5.5.2. Any dispute arising from the use of skye wallet's services, including but not limited to alleged system errors, unauthorized transactions, account restrictions, or claims of fraud, shall in the first instance be reported promptly to skye wallet's support team through the official support channels.
5.5.3. Skye wallet shall investigate reported disputes in good faith and communicate its findings and resolution to the affected user(s). Users are required to cooperate fully and provide all necessary evidence to facilitate resolution.
5.5.4. Where a dispute cannot be resolved internally within ninety (90) days, it shall be referred to mediation under the framework of the Lagos Multi-Door Courthouse (LMDC) or any other mutually agreed mediation centre. The mediation shall be conducted in Lagos, Nigeria, in the English language.
5.5.5. The decision and settlement reached through mediation shall be final and binding on the Parties, except to the extent that applicable law imposes limitations on the enforceability of such settlement.
5.5.6. Notwithstanding the foregoing, skye wallet reserves the right to pursue legal remedies in any court of competent jurisdiction to recover losses, enforce its rights, or comply with regulatory directives.
5.6. PROHIBITED P2P CONDUCT:
5.6.1. Off-platform transactions for initiated trades.
5.6.2. Use of false payment evidence.
5.6.3. Use of proceeds of crime for transaction on Skye Wallet
5.6.4. Engaging in chargebacks after crypto release.
5.6.5. Liability disclaimer: Skye Wallet is not a party to the underlying payment transaction and is not liable for bank/payment provider delays, reversals, or failures.
6.0. RISKS ASSOCIATED WITH THE PLATFORM
6.1. You should ensure that you understand the risks involved in buying, selling or trading digital currencies.
6.2. Digital currency markets are volatile and prices can fluctuate significantly, which could result in sudden and significant increases or decreases in the value of your assets.
6.3. There may be additional risks not identified in these Terms or in the risk warning page.
6.4. You should carefully assess whether your financial situation and risk tolerance is suitable for buying, selling or trading digital currency.
6.5. You accept and agree that you are solely responsible for any decision to buy, sell, trade or otherwise hold or deal with digital currency.
9.0. IDENTITY VERIFICATION
9.1. Skye Wallet implements and maintains the highest standards of Know Your Customer ("KYC") processes and controls as part of our commitment to combating fraud and assisting in the prevention of money laundering and terrorist financing.
9.2. While our industry is largely unregulated, Skye Wallet voluntarily adheres to local and international compliance standards in relation to customer due diligence, as explained on the Compliance page of the Skye Wallet website.
9.3. To ensure we meet these standards, our customers are required to provide certain personal details and documents when opening a Skye Wallet Account ("Identity Verification"). The nature and extent of the Identity Verification required will depend upon which of our supported countries you are resident in, and the deposit and withdrawal limits that you wish to apply to your Skye Wallet Account.
9.4. In certain circumstances, Skye Wallet may also perform enhanced due diligence ("EDD") procedures in relation to your Skye Wallet Account. You accept and agree that you will remain subject to such procedures at all times.
9.5. Skye Wallet reserves the right to, at any time:
- 9.5.1. restrict or suspend your Skye Wallet Account when we, in our sole discretion, consider it necessary to carry out further Identity Verification and/or EDD; or · terminate your Skye Wallet Account if you provide, or we suspect you have provided, false information or refuse to provide information we require for Identity Verification and/or EDD.
- 9.5.2. You accept and agree that there may be delays in accessing your Skye Wallet Account, or in carrying out transactions through your Skye Wallet Account, while we undertake any Identity Verification and/or EDD procedures. Retention of information.
9.6. Skye Wallet is required to retain certain information and documentation obtained as part of the Identity Verification and EDD procedures.
- 9.6.1. These requirements apply even when you have terminated your relationship with Skye Wallet.
- 9.6.2. We reserve the right to keep such information and documentation for the required period and you accept and agree that information and documentation you provide to Skye Wallet may be retained by us, including following the closure of your Skye Wallet Account.
10.0. THE SKYE WALLET
10.1. Skye Wallet allows you to send, receive and store digital currency (together, "Skye Wallet Transactions").
10.2. Notwithstanding anything contained in these Terms, Skye Wallet reserves the right to create other means of carrying out Skye Wallet Transactions by the User from time to time and User must strictly follow the instructions provided by Skye Wallet in carrying out Skye Wallet Transaction whether or not such instruction is specifically catered for in these Terms. Failure to comply with the instructions provided by Skye Wallet in carrying out the Skye Wallet Transaction may result in Skye Wallet not approving or effecting the Skye Wallet Transaction and the User holds Skye Wallet free from liability as a result of such non-approval.
10.3. Supported Digital Currencies
- 10.3.1. The Skye Wallet is only available in relation to the digital currencies that Skye Wallet, in its sole discretion, decides to support ("Supported Digital Currency" or "Supported Digital Currencies'').
- 10.3.2. The Supported Digital Currencies may change from time to time.
- 10.3.3. Under no circumstances should you attempt to carry out a Skye Wallet Transaction in relation to a digital currency other than a Supported Digital Currency. In particular, but without limiting the generality of the foregoing, you accept and agree that you will have no access, entitlement or claim:
- 10.3.3.1. to any digital currency sent to an address associated with your Skye Wallet where that digital currency is not a Supported Digital Currency; or
- 10.3.3.2. to any digital currency sent to a receive address associated with your Skye Wallet, where that receive address is associated with another digital currency. For example, you will have no access, entitlement or claim to any Bitcoin Cash (BCH) sent to a Bitcoin (BTC) receive address.
10.4. Local Currency in your Skye Wallet
- 10.4.1. Local Currency deposited into your Skye Wallet is solely for:
- 10.4.1.1. the purchase of Supported Digital Currencies and/or
- 10.4.1.2. Withdrawal to an approved bank account (see Withdrawals).
- 10.4.2. In certain countries we may also allow you to purchase specific goods and/or services from selected third parties using your Local Currency balance (for example, Airtime in South Africa). You accept and agree that any such purchase will be subject to these Terms.
- 10.4.3. Proceeds from the sale of Supported Digital Currencies will be credited to your Local Currency Skye Wallet, less any applicable fees (as explained in Fees, and on the Fees and Features page of the Skye Wallet website).
- 10.4.4. Skye Wallet does not pay interest on Local Currency or Supported Digital Currency balances held in your Skye Wallet.
12.0. RECEIVING DIGITAL CURRENCY
12.1. You may receive Supported Digital Currency into your Skye Wallet by providing the sender with a receiving address generated in your Skye Wallet.
12.2. Your Skye Wallet will only be credited with Supported Digital Currency sent to a receive address generated through your Skye Wallet and associated with that Supported Digital Currency. For example, your Skye Wallet account will be credited with BTC when BTC is sent to your BTC receive address generated on your Skye Wallet.
12.3. Funds received in error
- 12.3.1. In the event you know, suspect, or should reasonably know or suspect, that any Local Currency or digital currency has been credited to your Skye Wallet account (or to any bank account) in error, you must immediately notify Skye Wallet of the error by submitting a notification through the Skye Wallet customer support.
- 12.3.2. You accept and agree that you have no claim or entitlement to any Local Currency or digital currency received in error, and must immediately return such funds in accordance with the instructions received from Skye Wallet.
12.4. Deposits
- 12.4.1. After verification, users may fund their Skye Wallet account exclusively via Bank Transfer into the unique virtual account number automatically assigned to them on the App. (a "Deposit").
- 12.4.2. All deposits must originate from a bank account bearing the same name as the registered Skye Wallet account holder. Deposits initiated from third-party accounts or accounts with mismatched names shall not be processed and may be rejected or returned at Skye Wallet's discretion.
- 12.4.3. Account Name Matching Requirement
- 12.4.3.1. Deposits must originate from a bank account that is identical in name to the Skye Wallet account holder's registered name.
- 12.4.3.2. Transfers made from accounts with a different name (including joint accounts, business accounts, or third-party accounts) shall be deemed invalid and rejected
- 12.4.3.3. Skye Wallet shall not be liable for any loss, delay, or charges arising from attempted deposits made from non-matching accounts.
- 12.4.4. Deposits are generally credited instantly to the User's Wallet once a valid transfer is received.
- 12.4.5. Processing times, however, may vary due to inter-bank settlement delays, network disruptions, scheduled maintenance, or other circumstances beyond Skye Wallet's control.
- 12.4.6. In the event of delayed crediting, Users are encouraged to contact Support with valid proof of transfer for reconciliation.
- 12.4.7. Skye Wallet will bear no liability for any loss of funds as a result of your failure to make deposits following Skye Wallet's express procedure and instructions.
12.5. Anti Fraud Safeguard
- 12.5.1. Skye Wallet may, at its sole discretion, request additional verification or supporting documentation before crediting deposits, particularly where suspicious or irregular transactions are detected.
- 12.5.2. Users acknowledge that deposits may be delayed, suspended, or reversed where required by law, regulation, or directive from a competent authority.
- 12.5.3. Skye Wallet shall report suspicious transactions to relevant regulatory authorities in line with its obligations under applicable Anti-Money Laundering (AML) and Counter-Terrorism Financing (CTF) laws.
12.6. Liability Disclaimer
- 12.6.1. Skye Wallet shall not be liable for deposits that fail, are delayed, or are misdirected due to:
- 12.6.2. User's failure to use the correct account number,
- 12.6.3. Deposits made from non-matching account names,
- 12.6.4. Incorrect or missing transaction references, or
- 12.6.5. Banking network/system downtime.
- 12.6.6. Users bear full responsibility for ensuring that deposits are made strictly in compliance with these Terms
12.7. Currently Inactive Deposit Channels
- 12.7.1. Users are hereby informed that the Voucher and Peer-to-Peer (P2P) deposit options are presently disabled on the App and cannot be accessed or used for funding Wallets.
- 12.7.2. As these methods are inaccessible, Users shall not be able to initiate transactions through them, and any attempt made outside the App shall be invalid and unrecognized by Skye Wallet.
- 12.7.3. Skye Wallet shall not bear responsibility for any loss, fraud, or failed transaction arising from attempts to fund Wallets through such unavailable channels.
- 12.7.4. Skye Wallet reserves the right, at its sole discretion, to reintroduce, modify, or permanently discontinue the Voucher and Peer-to-Peer (P2P) deposit methods in the future, and any such changes shall be duly communicated to Users in accordance with these Terms.
12.8. Withdrawals
- 12.8.1. Where you have added your local bank account details to your Skye Wallet Account, you may withdraw funds from your Skye Wallet to your bank account (a "Withdrawal").
- 12.8.2. Skye Wallet will process Withdrawals in accordance with your instructions. You are solely responsible for ensuring that any Withdrawal instructions provided to Skye Wallet, including the relevant bank account number, are complete and correct and you accept and agree that under no circumstances will Skye Wallet be under any obligation to reverse or amend any Withdrawal.
- 12.8.3. Skye Wallet will make all reasonable efforts to process Withdrawals each business day, in accordance with the Deposit and Withdrawal Schedule on the Skye Wallet website, but you accept and agree that Skye Wallet provides no guarantee in relation to the Withdrawal processing period.
- 12.8.4. Any Fiat withdrawal complaint not reported within three (3) months from the date it was initiated shall be considered forfeited.
- 12.8.5. Withdrawals to the bank account of any third party are expressly prohibited. You agree not to make, or attempt to make, any Withdrawal of funds from your Skye Wallet account to the bank account of a third party and accept that any such Withdrawal may be refused and/or result in the restriction, suspension or termination of your Skye Wallet Account.
12.9. Virtual Dollar Cards
- 12.9.1. Users who are verified up to level 2 and meet other requirements as may be contained in these Terms or as may be established by Skye Wallet from time to time, are eligible to get Virtual Dollar Cards.
- 12.9.2. The sum of $2 or any other amount stipulated by Skye Wallet shall be payable as activation fee to create a virtual dollar card.
- 12.9.3. User shall meet the Minimum Funding Fee requirement stipulated by Skye Wallet in order to be eligible and continue to use the Virtual Dollar Card.
- 12.9.4. Virtual Dollar Cards can be funded from User's Skye Wallet.
- 12.9.5. Notwithstanding anything to the contrary in these Terms, the exchange rate applicable for all transactions on Skye Wallet shall be at the discretion of Skye Wallet.
- 12.9.6. A User can only create 1 Virtual Dollar Card and no user may have 2 (two) Virtual Dollar Cards or have 2 (two) Skye Wallet Accounts.
- 12.9.7. Any User attempting to evade the foregoing provisions may be penalized by closure of all accounts and forfeiture of any amount in the said accounts to Skye Wallet.
12.10. Savings
12.10.1. The Skye Wallet Savings feature allows users to lock up USDT for a period of time and earn interest on the USDT locked up.
12.10.2. The savings feature is available to all users who have verified up to level 1 and fulfill conditions established by Skye Wallet.
12.10.3. Users agree that in using the Savings feature on Skye Wallet:
- 12.10.3.1. Users can only save USDT on the Skye Wallet savings feature;
- 12.10.3.2. Users create and have a USDT savings wallet;
- 12.10.3.3. Only funds in the savings wallet can be used to save;
- 12.10.3.4. Users can fund their savings wallet by transferring USDT from their USDT wallet to their Savings Wallet;
- 12.10.3.5. Users shall meet the minimum amount required for the savings wallet as established by Skye Wallet from time to time; and
- 12.10.3.6. Skye Wallet may create other requirements for the Savings feature
12.10.4. The Skye Wallet Savings feature consist of two (2) savings plan – Flexible Savings Plan and Fixed Savings Plan:
- 12.10.4.1. Flexible Savings Plan: Users can choose to break their flexible savings plan at any time before the maturity date and Users who choose to break their Flexible Savings Plan before the due date will lose all their accrued interest and will be charged a 2% processing fee (or any other amount fixed from time to time) on the amount locked up.
- 12.10.4.2. Fixed Savings Plan: A user cannot break their Fixed Savings Plan and all Fixed Savings Plans will end on the date of maturity
13.0. FEES
13.1. Skye Wallet reserves the right to change our fees at any time and will update the Fees and Features page accordingly. We reserve the right to change fees for the Services in the future.
13.2. In certain circumstances, and at our sole discretion, Skye Wallet may notify selected customers of a specific fee change, where we consider a change to be of particular relevance to such customers.
13.3. Send and Receive fees
- 13.3.1. You may be charged a fee to send Supported Digital Currency from your Skye Wallet and/or to receive Supported Digital Currency into your Skye Wallet.
- 13.3.2. Fees will apply where Supported Digital Currency is sent to or received from a Supported Digital Currency address (e.g. a Bitcoin address); no fees will apply where Supported Digital Currency is sent to or received from a mobile telephone number or email address. Please see the Fees and Features page of the Skye Wallet website for further information on send and receive fees.
13.4. Deposit and Withdrawal fees
- 13.4.1. All Withdrawals from your Skye Wallet Wallet will incur a fee. Such fees differ by country and are set out on the Fees and Features page of the Skye Wallet website.
- 13.4.2. Some Deposits made using a Supported Deposit Method may incur a fee, as set out on the Fees and Features page, and cash Deposits may incur a Cash Deposit Penalty (see Deposits).
13.5. Instant Buy and Sell fees
13.5.1. The quoted exchange rate in relation to any buy or sell order placed using the Buy and Sell service will include an amount to reflect Skye Wallet's facilitation of the relevant trade, the percentage of which will vary with market conditions. Account Security Skye Wallet takes security very seriously. However, you are solely responsible for:
- 13.5.1.1. maintaining adequate security and control over your Skye Wallet Account sign-in details, including but not limited to any passwords, personal identification numbers (PINs), API keys, or any other codes associated with your Skye Wallet Account;
- 13.5.1.2. keeping your contact details up to date so that you can receive any notices or alerts we may send to you in relation to security (see Electronic Communications);
- 13.5.1.3. maintaining security and control over the email mailbox, phone number and devices associated with your Skye Wallet Account. Failure to take the above measures, and any other security measures available to you, may result in unauthorised access to your Skye Wallet Account and the loss or theft of any digital currency and/or Local Currency balances held in your Skye Wallet or any linked bank account(s). Skye Wallet shall have no liability to you for or in connection with any unauthorised access to your Skye Wallet, where such unauthorised access was due to no fault of Skye Wallet, and/or any failure by you to act upon any notice or alert that we send to you.
- 13.5.1.3.1. The security of your Skye Wallet Account may be compromised, or interruption caused to it, by phishing, spoofing or other attack, computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment.
- 13.5.1.3.2. Skye Wallet strongly recommends that you regularly use reputable virus screening and prevention software and remain alert to the fact that SMS, email services and search engines are vulnerable to spoofing and phishing attacks.
- 13.5.1.3.3. Care should be taken in reviewing messages purporting to originate from Skye Wallet and, should you have any uncertainty regarding the authenticity of any communication, you should log in to your Skye Wallet Account through the Skye Wallet website (specifically, https://www.skyewallet.com), and not any other domain name or website purporting to be, or to be related to, Skye Wallet) to review any transactions or required actions.
- 13.5.1.3.4. To the maximum extent permitted by applicable law, you accept and agree that you have full responsibility for all activity that occurs in or through your Skye Wallet Account and accept all risks of any unauthorised or authorised access to your Skye Wallet Account.
13.6. Service Availability
- 13.6.1. While we will do everything we can to provide continuous operations, Skye Wallet does not provide any warranty in relation to the availability of the Platform or your Skye Wallet Account.
- 13.6.2. Without limiting the generality of the foregoing:
- 13.6.2.1. we do not guarantee continuous access to the Platform or your Skye Wallet Account and make no representation that the Platform, Skye Wallet API, your Skye Wallet Account and/or any products or services offered therein will be available without interruption; or
- 13.6.2.2. that there will be no delays, failures, errors, omissions or loss of transmitted information.
13.7. Transactions On Digital Currency Networks
- 13.7.1. When you use your Skye Wallet Account to send or receive digital currency, the transaction must be confirmed and recorded in the public ledger associated with the relevant digital currency network (e.g. the Bitcoin network).
- 13.7.2. Digital currency network is solely responsible for verifying and confirming any such transactions. Skye Wallet cannot confirm, cancel or reverse transactions on a digital currency network, other than confirming to you that the network has completed the transaction.
- 13.7.3. You accept and agree that:
- 13.7.3.1. Once submitted to a digital currency network, a transaction will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the network. A transaction is not complete while it is in a pending state. Funds associated with transactions that are in a pending state will be designated accordingly, and will not be included in your Skye Wallet balance or be available to you to conduct transactions;
- 13.7.3.2. When you send digital currency from your Skye Wallet Account, you are authorising us to submit your transaction request to the relevant digital currency network. Once a transaction request has been submitted to the relevant digital currency network, the network will automatically complete or reject the request and neither you nor Skye Wallet will be able to cancel or otherwise modify your transaction.
- 13.7.4. Digital currency networks are operated by decentralised networks of independent third parties. They are not owned, controlled or operated by Skye Wallet so we cannot ensure that any transaction details you submit will be confirmed by the relevant digital currency network.
- 13.7.5. You agree that any transaction details you submit may not be completed, or may be substantially delayed, by the digital currency network used to process the transaction.
14.0. NETWORK PROTOCOLS AND OPERATING RULES
14.1. The underlying software protocols that govern the operation of the Supported Digital Currencies are open source. Accordingly, anyone can use, copy, modify, and distribute them and Skye Wallet has no ownership of or control over these protocols.
14.2. By using the Platform, you accept and agree that:
- 14.2.1. Skye Wallet is not responsible for the operation of any digital currency network's underlying software protocols and makes no guarantee as to their availability, security, or functionality;
- 14.2.2. the underlying software protocols are subject to sudden changes in operating rules (known as "forks"), and that such forks may materially affect the value, function, and/or name of any digital currency you store in your Skye Wallet Account. Should a fork occur, Skye Wallet may, with or without notice to you, temporarily suspend our operations and, in our sole discretion, decide whether or not to support either branch of the forked protocol entirely; and
- 14.2.3. In the event Skye Wallet decides not to support a branch of a forked protocol, you will not be given access to the assets on that fork. Those assets will be securely held by Skye Wallet and we will not buy or sell them.
14.3. Any crypto currency deposit or withdrawal complaint not reported within three (3) months from the date it was initiated shall be considered forfeited.
17.0. RESTRICTION, SUSPENSION AND TERMINATION
17.1. Skye Wallet reserves the right to restrict, suspend or terminate your Skye Wallet Account where:
- 17.1.1. we reasonably suspect your Skye Wallet Account to be the subject of an operational or other error, in which case we may be required to suspend access to your account until such time as the error is rectified;
- 17.1.2. we reasonably suspect your Skye Wallet Account has been or is being used in relation to any unlawful, fraudulent or Prohibited Activity, or in breach of these Terms;
- 17.1.3. we reasonably suspect you or your Skye Wallet Account is or has been associated with, or poses a high risk of, money laundering, financing of terrorism, fraud, or any other financial crime;
- 17.1.4. we reasonably suspect you of taking any action that Skye Wallet considers to be a circumvention of Skye Wallet's controls, including but not limited to opening multiple Skye Wallet Accounts;
- 17.1.5. we reasonably suspect your involvement in any attempt to gain unauthorised access to any Skye Wallet Account;
- 17.1.6. your Skye Wallet Account is or appears to be the subject of any legal, regulatory or government process and/or we, in our sole discretion, consider there to be a heightened risk of legal or regulatory non-compliance associated with your Skye Wallet Account;
- 17.1.7. we are compelled to do so by a prima facie valid subpoena, court order, or other binding order of a government or regulatory authority; or
- 17.1.8. your name appears on a government or international body sanctions list.
17.2. Skye Wallet will make all reasonable efforts to provide you with notice of any decision to restrict, suspend or terminate your Skye Wallet Account, unless we are prevented from doing so by any legal or regulatory process or requirement, or where doing so may compromise Skye Wallet's security and/or risk management procedures.
17.3. You accept and agree that Skye Wallet is under no obligation to disclose to you the fact of or reason for any decision to restrict, suspend or terminate your Skye Wallet Account, and shall have no liability to you in connection with the restriction, suspension or termination of your Skye Wallet Account.
19.0. NEXT OF KIN
19.1. Next of Kin, for the purpose of this Clause, means a close living relative of the User that has the capability of making decisions on behalf of a Deceased User in line with the instruction of the Deceased User during his/her lifetime or in accordance with his written Will, if any, or in line with the usual conduct of the Deceased User during his lifetime or in any other manner that may be determined by the Deceased User's estate personal representative.
19.2. The User may nominate a Next of Kin in a manner prescribed by Skye Wallet and the User shall:
- 19.2.1. comply with the guideline stipulated by Skye Wallet in nominating a Next of Kin; and
- 19.2.2. provide accurate information in respect of the Next of Kin being nominated and update such information provided from time to time. Provided that the updated information of a nominated Next of Kin is submitted to Skye Wallet, Skye Wallet reserves the right to disregard anyone claiming to be a Deceased User's Next of Kin and demand from such person the submission of a duly processed letters of administration or probate or any other relevant official document.
19.3. Parties agree to hold Skye Wallet free from any liability in the defect, apparent or otherwise, from the documents produced by a Next of Kin or any person attempting to become the Next of Kin
19.4. These Terms are binding on the User, his/her Next of Kin or beneficiary or representative of the estate of the User (including Administrator or Executor)
19.5. Upon the demise or death of the User (Deceased User), a Next of Kin or beneficiary or representative of the estate of the User (including Administrator or Executor), may apply to take control of the account of the Deceased User upon fulfilling the conditions or requirements provided.
19.6. Dormant Account:
- 19.6.1. The User agrees that any amount not claimed within Seven (7) years or any User Account which remains dormant for Seven (7) years may be forfeited to Skye Wallet.
- 19.6.2. User Account is deemed dormant when there is no activity on the User Account for at least Seven (7) years period.
- 19.6.3. Skye Wallet has no obligation to remind the User of any inactivity within the Seven (7) years period stipulated above.