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Terms of Service

Last updated: 1st July 2021

Please read these terms of service carefully before using Our Service. By using Our Service you are consenting to these Terms of Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms of Service:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Country means: Switzerland
  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Token Flow Insights SA, Route des Jeunes 105a, 1212 Grand-Lancy GE, Switzerland.
  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  • Feedback means feedback, innovations, contributions or suggestions sent by You regarding the attributes, performance or features of our Service, however such feedback is communicated to the Company - whether through the Website or through other communication means, including but not limited to email; Discord or other chat and messaging services; comments, change requests and pull requests to code and other repositories and documentation; comments or replies on forums and chat board; etc.
  • Free Trial refers to a limited period of time that may be free when purchasing a Subscription.
  • Promotions refer to contests, sweepstakes or other promotions offered through the Service.
  • Service refers to the Website(s).
  • Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
  • Terms of Service (also referred as "Terms") mean these Terms of Service that form the entire agreement between You and the Company regarding the use of the Service.
  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • Website(s) refers to the following websites, including any pages and subdomains, operated by the Company:
  • tokenflow.live
  • ethtx.info
  • ethtx.community
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such an individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms of Service governing the use of this Service and the agreement that operates between You and the Company. These Terms of Service set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Service. These Terms of Service apply to all visitors, users and others who access or use the Service.

Your Use of the Service

By accessing or using the Service You agree to be bound by these Terms of Service. If You disagree with any part of these Terms of Service then You may not access the Service.

You represent and warrant to the Company that:

  • You are over the age of 18. The Company does not permit those under 18 to use the Service.
  • You are eligible to enter into the Agreement and use the Service.
  • This Agreement is valid, and binding on you, and enforceable against you.
  • You will comply with all terms and conditions of this Agreement.
  • You shall not use the Website(s) or Service directly or indirectly in relation to any unlawful, fraudulent, infringement or other prohibited or nefarious purpose.
  • You acknowledge and agree that the Website(s) and the Service may evolve over time. This means that the Company may apply changes, replace, or discontinue (temporarily or permanently) the Services at any time in Company’s sole discretion and with no prior notice.
  • You are solely responsible for your use of the Services, including any conduct undertaken or decisions based on the information, data or analytics received via the Services.
  • You will obey all applicable laws in connection with using the Services. You will not use the Site or the Services if the laws of your country, or any other applicable law, prohibit you from doing so in accordance with this Agreement.
  • You are not and have not been placed on any excluded or denied persons lists by any authority.
  • You are responsible for complying with any applicable export controls or embargoes.
  • You covenant that all activity and conduct in connection with your use of the Services, will be in compliance with all applicable law, rules, regulations, requirements, guidelines and policies of any governmental or quasi-governmental body or regulatory agency, any self-regulatory organization.
  • You are not a resident of any of the following countries or regions: Belarus, Burma (Myanmar), Burundi, Central African Republic, Congo, Côte d'Ivoire, Cuba, Iran, Iraq, Lebanon, Liberia, Libya, Mali, Nicaragua, North Korea, Somalia, South Sudan, Sudan, Syria, Crimea (Ukraine/Russia), Venezuela, Yemen, Zimbabwe (“Non-Supported Countries”).
  • You do not use Virtual Private Network software or any other privacy or anonymization tools or techniques in order to circumvent any restrictions which apply to the Services, especially those which restrict the geographical availability of the Services.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service. Our Privacy Policy can be found at https://tokenflow.live/privacy .

Subscriptions

Subscription period

The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.

At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.

Subscription cancellations

You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.

Billing

You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.

Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Fee Changes

The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.

The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.

Free Trial

The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time.

You may be required to enter Your billing information in order to sign up for the Free Trial.

If You do enter Your billing information when signing up for a Free Trial, You will not be charged by the Company until the Free Trial has expired. On the last day of the Free Trial period, unless You cancelled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected.

At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Promotions

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.

If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors, unless specifically stated (for example in relation to open content or material which has been validly open sourced or otherwise specifically licenced by the Company).

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and “trade dress” may not be used in connection with any product or service without the prior written consent of the Company.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Service.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

You acknowledge and agree that you assume full responsibility for your use of the Website(s) and Service.

You acknowledge and agree that any information you send or receive during your use of the Website(s) and Service may not be secure and may be intercepted or later acquired by unauthorized parties.

You acknowledge and agree that your use of the Website(s) and Service is at your own risk.

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 CHF (Swiss Francs) if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

Disclaimers

Informational Purpose

The information contained on the Service is for general information purposes only.

The Company assumes no responsibility for errors or omissions in the contents of the Service.

In no event shall the Company be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. The Company reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice.

The Company does not warrant that the Service is free of viruses or other harmful components.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without representation, guarantee or warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, timeliness or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the security, content, privacy policies, or practices of any third party web sites or services.

The Company does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites.

The Company does not provide any guarantee or warranty that the external websites are secure or that they are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Errors and Omissions Disclaimer

The information given by the Service is for general guidance on matters of interest only.

Even if the Company takes every precaution to ensure that the content of the Service is both current and accurate, errors can occur and it is impossible to prevent every error and omission.

The Company is not responsible for any errors, inaccuracies or omissions, or for the results obtained from the use of this information.

Views Expressed Disclaimer

The Service, and any other communication channels provided by or linked to by the Company (such as chat services such as Discord, Slack and other third party services) may contain views and opinions which are those of the authors individually and do not necessarily reflect the official policy or position of any other author, agency, organization, employer or company, including the Company.

Comments published by users of the Service or other communication channels are their own sole responsibility and the users will take full responsibility, liability and blame for any libel or litigation that results from something written in or as a direct result of something written in a comment. The Company is not liable for any comment published by users in such manner and reserves the right to amend, withhold or delete any comment, or to temporarily or permanently ban the user from the Service or other communication channel, for any reason whatsoever.

No Responsibility Disclaimer

The information on the Service is provided with the understanding that the Company is not engaged in rendering legal, accounting, tax, investment or other professional advice and services. As such, it should not be used as a substitute for consultation with professional accounting, tax, legal, investment or other competent advisers.

In no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever arising out of or in connection with your access or use of, or your inability to access or use the Service.

"Use at Your Own Risk" Disclaimer

All information in the Service is provided "as is", with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose.

The Company will not be liable to You or anyone else for any decision made or action taken, or not taken, in reliance on the information given by the Service or for any direct, indirect, consequential, special or similar damages, even if advised of the possibility of such damages.

Indemnity

You agree to release and to indemnify, defend and hold harmless Company, as well as its officers, directors, employees, contractors and representatives, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys’ fees, fees or penalties imposed by any regulatory authority and court costs) claims or actions of any kind whatsoever arising or resulting from your use of the Services, your violation of this Agreement, your violation of any law, rule, or regulation, or the rights of any third party, and any of your acts or omissions that implicate publicity rights, defamation or invasion of privacy. Company reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with the Company in the defense of such matter.

Governing Law and Jurisdiction

THE LAWS OF THE COUNTRY, EXCLUDING ITS CONFLICTS OF LAW RULES, SHALL GOVERN THIS TERMS AND YOUR USE OF THE SERVICE.

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

YOU AND THE COMPANY AGREE THAT ANY DISPUTE IS PERSONAL TO YOU AND THE COMPANY AND THAT ANY SUCH DISPUTE WILL BE RESOLVED SOLELY THROUGH INDIVIDUAL CLAIM AND WILL NOT BE BROUGHT AS A class ARBITRATION, class ACTION OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING. Neither party agrees to class arbitration or to an arbitration in which an individual attempts to resolve a dispute as a representative of another individual or group of individuals. Further, you and the Company agree that a dispute cannot be brought as a class, or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

If such dispute cannot be resolved informally between you and the Company then YOU EXPLICITLY AGREE THAT THE ORDINARY COURTS OF GENEVA, SWITZERLAND SHALL HAVE EXCLUSIVE JURISDICTION OVER ANY CLAIMS OR DISPUTES IN RELATION TO THE SERVICE, THE WEBSITE(S) OR THESE TERMS OF SERVICE.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Changes to These Terms of Service

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms of Service, You can contact us:

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