COS Token Swap Terms and Conditions 1. Principles submitted by
1.1 The parties in this Token Swap Agreement are COSS.IO and the User.
1.2 By accepting the token swap of the User’s existing COSS/LALA Tokens in exchange for the COS Token, the User understands and accepts that the User participates in the Token Swap for the development of the COSS.IO Project.
1.3 The User understands and accepts that although COSS.IO is assigned to this task and will make reasonable efforts to continue to develop the COSS.IO Project/Platform, it is possible that such development may fail and the User’s COS tokens become useless and/or valueless due to technical, commercial, regulatory or any other reasons (see also section regarding Risks).
1.4 The User furthermore understands and accepts that - as the creation, as well as the assignment of the execution of COS Tokens are smart contract based - the terms and conditions applicable thereon are set forth in the Smart Contract System Code, existing on the Ethereum blockchain at the address published before the start of the Token Swap Period on: https://coss.io/
. To the extent these terms contained herein or in any other document or communication contradict those set forth in the Smart Contract System, the terms of the Smart Contract System prevail. Furthermore, neither this document nor any other document or communication may modify or add any additional obligations to COSS.IO and/or publisher of these terms and/or developer of the Smart Contract System and/or any other person.
1.5 By accepting the token swap of the User’s existing COSS/LALA Tokens in exchange for the COS Token, the User expressly agrees that all of the terms and conditions set forth in Smart Contract System Code existing on the Ethereum blockchain (at the addresses set forth on: https://coss.io/
) and in this document (together the “Terms”), are incorporated herein. The User further confirms to have carefully reviewed the Smart Contract System Code, its functions and these terms and conditions set forth in this document and to fully understand the risks and costs of participating in the Token Swap.
1.6 This document does not constitute a prospectus of any sort, is not a solicitation for investment and does not pertain in any way to an initial public offering or a share/equity offering and does not pertain in any way to an offering of securities in any jurisdiction.
By accepting the token swap of the User’s existing COSS/LALA Tokens in exchange for the COS Token, no form of partnership, joint venture or any similar relationship between the Users and C.O.S.S. Pte. Ltd. and/or other individuals or entities involved with the deployment of the Smart Contract System and the setting up/running of COSS.IO Project/Platform is created.
1.7 The Token Swap will not involve any fiat currencies and will strictly be done in cryptocurrencies. 2. COS Swap Tokens Creation and Functionalities
2.1 The User understands that COS Tokens do not represent or constitute any ownership right or stake, share or security or equivalent rights nor any direct right to receive future revenues, shares or any other form of participation, governance and/or right in or relating to COSS.IO. The User has full ownership of the COS Tokens in his/her wallet. 3. Swap Rate Exchange
3.1 The amount that will be exchanged are as follows:
3.1.1 COS Token for every 1 COSS Token; and
3.1.2 COS Token for every 10 LALA Tokens. 4. No Refund
4.1. The User understands and accepts that all Token Swaps are final and may not be reversed. By participating in the Token Swap, the User acknowledges that he has no right to request a refund for the exchange that he takes part in. 5. User to Ensure to use the original Smart Contracts
5.1. Only the Smart Contract(s) existing at the addresses set forth will exchange COSS/LALA Tokens for COS Tokens. Access to this Smart Contract will be available on https://coss.io/
on the 25th of June 2019. To the extent that any third-party website, service and/or smart contract offers COS Tokens and/or facilitates the allocation or transfer of COS Tokens in any way up, such third-party websites or services are, unless explicitly mentioned on https://coss.io/
, not authorized by C.O.S.S. Pte. Ltd. and have no relationship in any way with COSS.IO Project/Platform. 6. Representation and Warranties of User
6.1. By accepting the token swap of the User’s existing COSS/LALA Tokens in exchange for the COS Token, the User represents and warrants that:
6.1.1. The User is not a citizen or resident of a country, whose legislation is in conflict with the present Token Swap Allocation and/or the COSS.IO Project/Platform in general;
6.1.2. The User has a deep understanding of the functionality, usage, storage, transmission mechanisms and intricacies associated with cryptographic tokens, like bitcoin (BTC) and Ether (ETH), and blockchain-based software systems;
6.1.3. The User understands and accepts that the consensus mechanism securing the Ethereum Network may change in the future, and the stakeholders who are in control of the Network may also change as a result.
6.1.4. The User has carefully reviewed the code of the Smart Contract System located on the Ethereum blockchain at the addresses set forth at paragraph 1.6 and fully understands and accepts the functions implemented therein;
6.1.5. The User is legally permitted to participate in the Token Swap in the User’s jurisdiction;
6.1.6. The User will exchange COSS/LALA Tokens from a wallet respectively within a wallet service provider that technically supports the COS Tokens. The User understands and accepts, that failure to ensure this may result in the User not gaining access to his COS Tokens;
6.1.7. The User is legally permitted to receive software and participate in the Token Swap for the continued development of the COSS.IO Project/Platform;
6.1.8. The User is of a legal age to legally exchange COS Tokens;
6.1.9. The User will take sole responsibility for any restrictions and risks associated with the exchange of COS Tokens by the Smart Contract System as set forth below;
6.1.10. The User is not participating in the Token Swap for the purpose of speculative investment;
6.1.11. The User is not participating in the Token Swap for any illegal purposes;
6.1.12. The User is participating in the Token Swap primarily to support the continued development, testing, deployment and operation of the COSS.IO Project/Platform, being aware of the commercial risks associated with the COSS.IO Project/Platform;
6.1.13. The User waives the right to participate in a class action lawsuit and/or classwide arbitration against C.O.S.S. Pte. Ltd. and/or any individuals involved in the creation of COS Tokens;
6.1.14. The User understands the exchange of COS Tokens does not involve the purchase of securities as defined by relevant and applicable legislation and law or any equivalent in any existing or future public or private company, corporation or other entity in any jurisdiction;
6.1.15. The User understands that accepting the token swap of the User’s existing COSS/LALA Tokens in exchange for the COS Token, the creation of COS Tokens and the development of the COSS.IO Project/Platform carries significant financial, regulatory and reputational risks as further set forth in these Terms;
6.1.16. The User understands and expressly accepts that there is no warranty and/or representations whatsoever on COS Tokens, the Smart Contract System and/or the success of the COSS.IO Project/Platform, expressed or implied, to the extent permitted by law, and that the Smart Contract System is used and COS Tokens are exchanged at the sole risk of the User on an “as is” and “under development” basis and without, to the extent permitted by law, any warranties of any kind, including, but not limited to, warranties of title or implied warranties, merchantability or fitness for a particular purpose;
6.1.17. The User understands that the User has no right against any other party to request any refund of the COSS/LALA Tokens, which are exchanged for the COS Tokens under any circumstance;
6.1.18. The User understands that with regard to COS Tokens, no market liquidity can be guaranteed and the value of COS Tokens over time may experience extreme volatility or depreciate in full;
6.1.19. The User understands that the User bears the sole responsibility to determine if the User’s participation in the Token Swap may have tax implications for him. The User agrees not to hold any third party (including developers, auditors, contractors and/or founders) liable for any tax liability associated with or arising from the creation, ownership or use of COS Tokens and/or any other action or transaction related to the COSS.IO Project/Platform; and
6.1.20. As part of the Token Swap process the User will use his/her own account (address) on the Ethereum network, with a private key associated to this address and password. The password is used to encrypt the User’s private key. The User understands that the User must keep his password and private key safe and that the User may not share them with anybody. The User further understands that if his private key and/or password is lost or stolen, the User will not be able to generate a new password or recover his private key, and if the User also loses his private keys and password, the COS Tokens associated with the User's account (address) will be unrecoverable and will be permanently lost. Furthermore, the User understands that there is no recovery mechanism for lost keys and passwords, so no one will be able to help the User retrieve or reconstruct a lost password and private keys and provide the User with access to any lost COS Tokens. 7. COSS.IO Project/Platform Execution
7.1. The User understands and accepts that the User does not have any expectation of influence over governance and/or management of the COSS.IO Project/Platform.
7.2. The User understands and accepts that the COSS.IO Project/Platform may need to go through continued development works. The User understands and accepts that as part of the continued development, an upgrade of the COS Tokens may be required (hard-fork) and that, if the User decides not to participate in such upgrade, he may no longer use his COS Tokens and that non upgraded COS Tokens may lose their functionality in full. 8. Audit of the Smart Contract System
8.1. The Smart Contract System has been, on a reasonable effort basis, audited and approved by technical experts. Technical experts have confirmed that the Smart Contract System has, with regard to both accuracy and security, been programmed according to the current state of the art.
8.2. However, the User understands and accepts that smart contract technology is still in an early development stage and its application is of experimental nature, which carries significant operational, technological, financial, regulatory and reputational risks. Accordingly, while the audit conducted raises the level of security and accuracy, the User understands and accepts that the audit does not amount to any form of warranty, including direct or indirect warranties that the Smart Contract System and the COS Tokens are fit for a particular purpose and/or do not contain any weaknesses, vulnerabilities and/or bugs which could cause, inter alia, the complete loss of COS Tokens. 9. Risks
9.1. The User understands and accepts the risks in connection with accepting the token swap of the User’s existing COSS/LALA Tokens in exchange for the COS Token. The User shall not hold COSS.IO and any other third party liable in the event of any of the following risks occurring. In particular, the User understands the inherent risks listed hereinafter in addition to any other risks:
9.1.1. Risk of software weaknesses: The User understands and accepts that the Smart Contract System concept, the underlying software application and software platform (i.e. the Ethereum blockchain) is still in an early development stage and unproven. Accordingly, there is no warranty that the process for creating COS Tokens will be uninterrupted or error-free and that there is an inherent risk that the software could contain weaknesses, vulnerabilities and/or bugs causing, inter alia, the complete loss of COS Tokens.
9.1.2. Regulatory Risk: The User understands and accepts that the blockchain technology allows new forms of interaction and that it is possible that certain jurisdictions will apply existing regulations on, or introduce new regulations addressing, blockchain technology based applications, which may be contrary to the current setup of the Smart Contract System and which may, inter alia, result in substantial modifications of the Smart Contract System and/or the COSS.IO Project/Project, including its termination and the loss of COS Tokens for the User.
9.1.3. Risk of abandonment/lack of success: The User understands and accepts that the token swap of the User’s existing COSS/LALA Tokens in exchange for the COS Token and the continued development of the COSS.IO Project/Platform may be abandoned for a number of reasons, including lack of interest from the public, lack of funding, lack of commercial success or prospects (e.g. caused by competing projects). The User therefore understands that there is no assurance that, even if the COSS.IO Project/Platform is partially or fully developed and launched, the User will receive any benefits through the COS Tokens held by him.
9.1.4. Risk associated with other applications: The User understands and accepts that the COSS.IO Project/Platform may give rise to other alternative projects, promoted by unaffiliated third parties, under which COS Tokens will have no intrinsic value.
9.1.5. Risk of loss of private key: COS Tokens can only be accessed by using an Ethereum wallet with a combination of User’s account information (address), private key and password. The private key is encrypted with a password. The User understands and accepts that if his private key file or password respectively gets lost or stolen, the obtained COS Tokens associated with the User’s account (address) or password will be unrecoverable and will be permanently lost.
9.1.6. Risk of theft: The User understands and accepts that the Smart Contract System concept, the underlying software application and software platform (i.e. the Ethereum blockchain) may be exposed to attacks by hackers or other individuals that could result in theft or loss of COS Tokens.
9.1.7. Risk of Ethereum mining attacks: The User understands and accepts that, as with other cryptocurrencies, the blockchain used for the Smart Contract System is susceptible to mining attacks, including but not limited to double-spend attacks, majority mining power attacks, "selfish-mining" attacks, and race condition attacks. Any successful attack presents a risk to the Smart Contract System, expected proper execution and sequencing of COS Tokens transactions, and expected proper execution and sequencing of contract computations. 10. COSS.IO Project/Platform Execution
10.1. To the maximum extent permitted by all applicable laws, regulations and rules and except as otherwise provided in these Terms, COSS.IO hereby expressly disclaims its liability and shall in no case be liable to the User or any person for the following:
10.1.1. the COS Tokens being used for any purpose in connection with money laundering, terrorism financing or any other acts in breach or contravention of any applicable law, regulation or rule;
10.1.2. any cancellation or withdrawal from this Token Swap;
10.1.3. any failure or delay in the delivery and receipt of COS Tokens by the User
10.1.4. any failure, malfunction, breakdown of, or disruption to the operation of COSS.IO, COSS.IO Project/Platform, COSS website and COS Tokens, due to occurrences of virus, bug, hacks, cyber-attacks, distributed denials of service, errors, vulnerabilities, defects, flaws in programming or source code or otherwise, regardless of when such failure, malfunction, breakdown, or disruption occurs;
10.1.5. any failure or unfitness of COS Tokens for any specific purpose;
10.1.6. failure to disclose information relating to the progress of the Token Swap;
10.1.7. failure or delay in the availability of COS Tokens for trading;
10.1.8. any rejection of trading of COS Tokens;
10.1.9. any prohibition, restriction or regulation by any government or regulatory authority in any jurisdiction of the operation, functionality, usage, storage, transmission mechanisms, transferability or tradability or other material characteristics of COS Tokens;
10.1.10. occurrences of natural disasters, acts of God or other events beyond the control of COSS.IO that affect the businesses and/or operations of COSS.IO; and
10.1.11. any risks associated with COSS.IO, COSS.IO Project/Platform, COSS website and COS Tokens. 11. Limitation of Liability and Indemnification
11.1. To the maximum extent permitted by the applicable laws, regulations and rules:
11.1.1. COSS.IO shall not be liable for any loss arising out of or in connection with the purchase, use, receipt or holding of COS Tokens by the User;
11.1.2. In any case, the aggregate liability of COSS.IO, arising out of or in connection with the exchange, use, receipt or holding of COS Tokens by the User shall be limited to the amount exchanged by the User for his/her exchange hereunder; and
11.1.3. To the maximum extent permitted by the applicable laws, regulations and rules, the User shall indemnify, defend, and hold COSS.IO harmless from and against any and all claims, damages, losses, suits, actions, demands, proceedings, expenses, and/or liabilities filed/incurred by any third party against COSS.IO arising out of a breach of any of these Terms herein. 12. No Assignment
12.1. Subject to these Terms, only the User and no other person shall have the right to any claim against COSS.IO in connection with the User’s exchange hereunder. The User shall not assign, trade or transfer his/her right to any such claim. Any such assignment or transfer shall not impose any obligation or liability on COSS.IO to the assignee or transferee. 13. Right to Amend
13.1. COSS.IO may revise these Terms from time to time in any circumstances, including but not limited to:
13.1.1. changes in the type of cryptocurrency used for this Token Swap;
13.1.2. changes in the value of the COS Tokens;
13.1.3. changes in the Governing Law and Jurisdiction;
13.1.4. any other changes that may be required from time to time following changes to our business practices and further or required developments to the COSS.IO Project/Platform. 14. No Waiver
14.1. Any failure of COSS.IO to enforce or to assert these Terms shall not be construed as a waiver of the right of COSS.IO to enforce these Terms against the User. 15. Governing Law and Jurisdiction
15.1. These Terms shall be governed by the laws of the Republic of Singapore, and COSS.IO and the User agree to be subject to the exclusive jurisdiction of the courts of the Republic of Singapore in relation to any dispute arising out of or in connection with these Terms. 16. Third Party Websites or Platforms
16.1. COSS.IO may provide certain hyperlinks to third party websites, and the inclusion of any hyperlinks or any advertisement of any third party on the COSS website or other platforms does not imply endorsement by COSS.IO of their websites, products or business practices. If the User accesses and uses any third party websites, products, services, platforms and/or business, the User does that solely at his/her own risk for which COSS.IO will bear no liability. 17. Contracts (Right of Third Parties) Act
17.1. The Contracts (Rights of Third Parties) Act (Chapter 53B) of Republic of Singapore shall not under any circumstances apply to these Terms and any person who is not a party to this agreement shall not enforce these Terms. 18. Severance
18.1. If any of these Terms is rendered void, illegal or unenforceable by any legislation to which it is subject, it shall be rendered void, illegal or unenforceable to that extent and no further and, the rest of these Terms shall continue to be valid and in full force and effect.
18.2. The illegality, invalidity or unenforceability of any of these Terms under the law of any jurisdiction shall not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of any other provision. 19. Intellectual Property Rights
19.1. These Terms shall not entitle the User to any intellectual property rights, including the rights in relation to the use, for any purpose, of any information, image, user interface, logos, trademarks, trade names, Internet domain names or copyright in connection with the COSS Website, the Token Swap and the COS Tokens. 20. Entire Agreement
20.1. These Terms contain the entire agreement between COSS.IO and the User and supersedes all prior agreements, understandings and/or arrangements in relation to the Token Swap. 21. REMEMBER
21.1. Your tokens, transactions, wallets and passwords are your responsibility. Protect your keys and passwords, they are unrecoverable. If you lose them someone else may get access to your tokens.
First, like many of you, I had to wait over 10 days for a transaction to work from my bank to Uphold.
I tried my visa debit card to expedite the transfer, but not only did the transaction fail when made to Uphold, my bank deactivated my debit card for trying to purchase bitcoin there, and I had to call them and verify that it was me and that the transaction was safe to have them turn my card back on!
Never, in the last 6 years of purchasing things with that same card internationally, have I had this issue AT ALL until Uphold.
After waiting for nearly 2 weeks, I finally had $50 USD to buy bitcoin with from the ACH transfer.
I sent $28 recently to Kraken to test out how well bitcoin transfers go, and it worked, but only $22 made it. $6 disappears? That's a LOT for fees!
Is a 21.4% fee on bitcoin transfers normal?!
I ended up with $22 in the Kraken account. Ok.
I then transferred $22 of what I had left to bitcoin cash as BCH.
I decided to send this $22 to Kraken as well, to test how both sides handle BCH transfers.
While Kraken needed 6 confirmations before bitcoin was available, it needs 15 confirmations before bitcoin cash is. Ok, no problem. I waited and saw the confirmations continue.
After the 16th confirmation, I started to get worried, because Kraken did not report any update of funds.
I looked back at the email from Uphold, and it tells me that the BCH address I sent money to was successfully credited from the BCH card that I sent it from.
The problem is, that after it was sent from the BCH card to the BCH address for Kraken deposits (you can generate new ones as-needed), UPHOLD SENT IT AS XBT TO THE BCH ADDRESS EVEN THOUGH THEY SAY IT IS SENT AS BCH FROM YOUR BCH CARD TO THE ADDRESSES YOU SEND THINGS TO.
After talking with Uphold at first, they said nothing was wrong and to "wait for more confirmations to continue".
I simultaneously was talking with support at Kraken, who said no, look at the blockchain - Uphold sent this as XBT, not BCH as they are telling you.
When I looked at the blockchain explorer for the address, the support at Kraken was correct: they sent my money as XBT instead of BCH.
Kraken wanted me to re-verify that I sent it as BCH to BCH. I did. I went back to the uphold email:
On 5/24/19, Uphold [email protected]
You sent 0.04859424 BCH to
Visit your Uphold account to see your transaction details.
Transaction details ( [url] )
If you did not initiate this transaction, please notify us immediately at [email protected].
Welcome to Uphold. Welcome to the Internet of Money™. Stay connected with us.
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I have contacted support several times since this happened. Do you know what they tell me? "Oh, we are having a specialist look at it." When I ask if it can be fixed or the money returned to me, they say "Sometimes" and that it's hard to figure out for them.
Well it's not hard for me to figure out that this is NOT safe to use and that Uphold should be a last resort and only for small amounts of money that I cannot afford to lose if transferring to or from exchanges and banks!
There is NO support telephone number to call - there is NO actual "support" to help you. They use Zendesk and nameless, faceless people respond and tell you what they think you want to hear, while giving you not even an email address to contact the so-called "escalated team" that will someday figure out whether they want to respond to you or not and help you recover YOUR MONEY THAT THEY LOST DUE TO NEGLIGENCE OR STUPIDITY IF NOT INTENTIONAL THEFT.
I would like to assume that it is sheer idiocy with configuring their automated systems that made them not bother to correctly send my BCH payments from my BCH card to the BCH address correctly.
However, the fact remains that they tried to say that Kraken was the issue, when they are not - uphold was. I have since sent BCH, XBT, Zcash, and Ripple from 2 other places to different exchanges including Kraken and have had 0 problems with those.
I am currently missing $20 that Uphold sent to nowhere or collected, and I'm furious about it. Because that $20 could have been $200, or $2000, or $20,000 if I had decided to trust them and their systems without verifying them first. Many people have made that mistake, and I wanted to test these waters with a $20 wager rather than lose hundreds or thousands after reading similar reviews about uphold.
The ball is in Uphold's court to fix this now. Kraken proved that they send and receive correctly, but there is something seriously wrong going on at Uphold. Not just the support, but the way money is transferred behind the scenes, and this is evidence of that.
If I had sent it to a different address, then I would own that. But I did not, and their email to me was proof of this as well as the log files and the screenshots I've retained of it from their system.
Hopefully that nameless, faceless "team" at Uphold who does not have a contact telephone number, no fax address, and no other way to contact them like a legitimate exchange or bank does...will see this and reach out to me to correct this problem.
And if it was actually unintentional, hopefully they will fix it to ensure that other people sending Bitcoin Cash to exchanges and to friends and relatives do not end up losing the money for good due to Uphold.com's mishandling of it.
Note: I've redacted the BCH address used (for now) to give Uphold their time to try and recover what they sent to the middle of nowhere. Kraken has offered to help as well, even though they say the responsibility and liability for this is upon Uphold to correct. If neither of them are able to do anything about this, then I'll update with the BCH address it was sent to for you to see it on the blockchain and how badly Uphold mishandled this transaction.
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