Terms of Service (the “Terms”)
These Terms govern your access to and use of the following website: www.tokenterminal.com (the “Website”), and associated subscriptions, content, software and applications (the "Service").
Each time you access the Service by any means you irrevocably agree to comply with the version of the Terms posted on this Website at the time you access this Website. You may not use the Service if you do not agree to these Terms.
1. License and Intellectual Property Rights
You may only use the Service as expressly permitted by these Terms. All rights not expressly granted to you are reserved by Token Terminal, its third-party providers and other respective owners, if any.
Token Terminal provides content through the Service that is copyrighted and/or trademarked work of Token Terminal (the “Content”). Content shall include all such content accessed by you at any time. You acknowledge that the Service constitutes intellectual property of Token Terminal.
You acknowledge that Token Terminal owns the copyright in and to all Content, and have reserved all rights in and to such Content.
Token Terminal hereby grants you a limited, personal, non-exclusive, non-sub-licensable and non-transferable license to use the Content and to use this Service, in each case solely for your personal or non-commercial use. You agree not to use the Service or any of the Content for any commercial purpose. Except for the foregoing license, you have no right to modify, edit, copy, distribute, reproduce, publish, display, perform, license, sell, rent, lease, loan, create derivative works of, create any index, reverse engineer, alter, enhance, provide access to or in any way exploit the Service or Content in any manner.
If you breach any of these Terms, the above license will terminate automatically.
2. Prohibited Activities
You agree that you will not:
- Copy, modify or create derivative works of the Service or any Content;
- Copy, manipulate or aggregate any Content (including data) for the purpose of making it available to any third party;
- Trade, sell, rent, loan, lease or license any Content or access to the Service, whether commercially or free of charge;
- Use or introduce to the Service any data mining, crawling, "scraping", robot or similar automated or data gathering or extraction method, or manually access, acquire, monitor or copy any portion of the Service, or download or store Content (unless expressly authorized by Token Terminal). Certain data and other information within the Service is available by subscription, or for a fee, through Token Terminal’s API.
- Make excessive requests for information or take any action that interferes with, disrupts or imposes an undue burden on the Service or any server or network connected to the Service or negatively affects the quality or availability of any Content, or speed or functionality of the Service;
- Introduce a virus, Trojan horse, worm, time bomb or other malware to the Service, or use any device, software or routine to bypass any software or hardware that prohibits volume requests for information;
- Violate, bypass or circumvent any security measure intended to limit or prevent access to the Website, Content or Service; or otherwise attempt to gain unauthorized access to the Service, any Content or to any computer systems or networks connected to the Service or any Token Terminal server, whether through hacking, password mining, unauthorized use of another's password/credentials or any other means;
- Restrict, inhibit or interfere with use of the Service by any other user (including by hacking or defacing the Website);
- Introduce or otherwise distribute through the Website any computer program that damages, interferes with, intercepts, collects, releases or discloses any system, data or personal information of ours or any third party;
- Make use of any of our trademarks, service marks, trade names or logos or those of any third party displayed on the Website; or modify or remove any copyright or other proprietary notice in the Content;
- Use the Website, Content or Services for or in connection with any activity that violates any law, statute, ordinance or regulation.
3. Linking to the Service from Your Website
You may place one or more links to the Service (collectively, the “Link”) on your own website (“Your Site”), provided that:
- 1.Your Site shall not contain any content that is unlawful, threatening, abusive, libelous, defamatory or otherwise inappropriate, as determined by us in our sole discretion;
- 2.No content on Your Site shall contain any information that, in our sole discretion, may create the false impression that you, Your Site or any other website, service, person or entity is associated with, sponsored by or otherwise endorsed by Token Terminal, or that any activity engaged in by you or anyone else has been approved by Token Terminal.
We may revoke our consent to a Link at any time, without prior notice. If we notify you that you may no longer link to the Service, or to a page or document, you must promptly (and, in any event, within three (3) business days) remove all affected Links from Your Site.
4. Token Terminal Pro
The terms set out in section 4 apply to the use of Token Terminal Pro. Upon payment for subscription, an agreement (“Subscription Agreement”) is entered into between Token Terminal and the entity ordering access to the service (“Subscriber”). This Subscription Agreement shall remain effective for the Service term. The Service is a standardised service offered as a Software as a Service. The Service is not tied to any specific version of the underlying software or any set functionality. The Subscriber, therefore, acknowledges that the functionality in the service may change. Token Terminal is entitled to amend the terms and conditions of this Subscription Agreement in order to reflect any changes to the Service, and the Subscriber will be deemed to have accepted such changes by its continued use of the Service. The Service term of this Subscription Agreement is from the first payment is made and until the Subscription Agreement is terminated. Service Term means the term that the Services will be available for Subscriber.
4.1 Payment and conditions The Subscriber shall pay the service fee in accordance with the terms specified in the order process. The service fee shall be paid periodically for 1 month in advance or yearly for 1 year in advance. All prices in the Subscription Agreement are excluded VAT, and applicable VAT must be added to the service fee by the Subscriber. The Subscriber is not entitled to set off the subscription fee against any claim the Subscriber has towards Token Terminal. Payment by credit card shall be made before the Subscriber can access the Service. Upon request, the Provider shall provide an electronic receipt as proof of payment. Upon paying the service fee, you allow Token Terminal to charge your card for this payment and future payments in accordance with these and Stripe's terms.
4.2 Rights to data Token Terminal is entitled to retain and use data from the Subscriber's use of the Service for the Provider's own internal use, such as analyzing data for research and product development. If required by applicable law, the data shall be anonymized to not identify the Subscriber, its users or any other individual. The Subscriber must export any data it wishes to retain prior to the end of the Service Term.
4.3 Maintenance work Certain types of service maintenance may imply a stop or reduction in the availability of the Service. Token Terminal does not warrant any particular level of Service availability, but will provide its best effort to limit the impact of any planned maintenance on the availability of the Service. Token Terminal shall within a reasonable time notify the Subscriber of any planned maintenance that may affect service availability. New versions of the Service might be released without any notification prior to the release.
4.4 Liability for errors There is an error if the Subscriber is not able to access the Service or a material function in the Service, and this is caused by circumstances which are the responsibility of Token Terminal. The Subscriber acknowledges that errors might occur from time to time and the Subscriber waives any right to claim for compensation due to errors in the Service. If an error occurs, the Subscriber shall notify Token Terminal of the error and provide a description of the error situation. Token Terminal shall use reasonable commercial efforts to correct the error within a reasonable time. If requested by Token Terminal, the Subscriber shall provide necessary assistance in order to reproduce/identify the error situation. Token Terminal is not liable for any errors as a result of change of data structure when a new version of the Service is released. 4.5 Termination of the subscription agreement The Subscriber or Token Terminal may terminate the Subscription Agreement for convenience. The subscription will then run until next billing.
5. Disclaimers and Limitation of Liability
The information provided on this Website does not constitute investment advice, financial advice, trading advice, or any other sort of advice and you should not treat any of the website's content as such. Token Terminal does not recommend that any cryptocurrency or token should be bought, sold, or held by you. Do conduct your own due diligence and consult your financial advisor before making any investment decisions.
Token Terminal will strive to ensure accuracy of information listed on this website although it will not hold any responsibility for any missing or wrong information. Token Terminal provides all information as is. You understand that you are using any and all information available here at your own risk.
The appearance of third party advertisements and hyperlinks on Token Terminal does not constitute an endorsement, guarantee, warranty, or recommendation by Token Terminal. Do conduct your own due diligence before deciding to use any third party services.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TOKEN TERMINAL ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF ANY CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
IN NO EVENT SHALL TOKEN TERMINAL (AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AGENTS, AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOST PROFITS, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO OR USE OF THE SERVICE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY, OR USE THE SERVICE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SERVICES, PRODUCTS, AND SERVICES OBTAINED THROUGH THE SERVICE; OR OTHERWISE ARISING OUT OF THE ACCESS TO OR USE OF THE SERVICE WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Except to the extent prohibited under applicable law, you shall indemnify, defend and hold harmless Token Terminal and its members, managers, directors, officers, employees, partners, consultants, contractors, service providers, agents, successors and assigns from and against any and all suits, actions, proceedings and claims by third parties (whether threatened or actual), and all losses, liabilities, damages, judgments, costs and expenses (including reasonable attorneys' fees) arising out of, relating to or in connection with: (i) your use (or misuse) of and access to the Service or Content; (ii) your violation of any of these Terms; (iii) your violation of any applicable law, rule or regulation; (d) any claim that any information provided by you to Token Terminal in connection with the Website, including the Content, caused damage to, infringed upon, misappropriated or otherwise violated the rights of any third party, including infringement, misappropriation or other violation of third-party intellectual property rights, or violation of any right of privacy or publicity; and/or (iv) any dispute that you have with any third party relating to or in connection with the Service or Content. Token Terminal reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Token Terminal in asserting any available defenses and in the conduct of such defense.
7. Third Party Websites
The Service may contain links to third-party websites. Your use of all links to third-party websites is at your own risk. We do not monitor or have any control over, and make no claim or representation regarding third-party websites. To the extent such links are provided by us, they are provided only as a convenience, and a link to a third-party websites does not imply our endorsement, adoption or sponsorship of, or affiliation with, such third-party websites.
When you leave the Website, whether via a link contained on the Website or through the use of your web browser or other navigational tool, the information you view is not provided by us. Our terms and policies do not govern your use of third-party websites. We are not responsible for, have no control over and do not monitor or review the content of any other website. A link to a third-party website does not imply sponsorship, approval, affiliation or endorsement by Token Terminal of the linked third-party website or of that third party's products or services.
YOU AGREE THAT TOKEN TERMINAL WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY WEBSITE OR SERVICES, FOR ANY DEALINGS OR COMMUNICATIONS YOU MAY HAVE WITH THIRD PARTIES, OR FOR ANY HARM, DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH ANY OF THE FOREGOING OR YOUR USE OF OR RELIANCE ON THE MATERIALS OR THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY.
8. Modification of the Website
At any time and in Token Terminal's sole discretion, Token Terminal may (in whole or in part) modify, suspend or discontinue the Service and/or any Content without notice, for any reason. We shall have no liability to you or to any third party for any such modification, suspension or discontinuance.
9. Changes to these Terms
We may revise these Terms from time to time, without prior notice. You are bound by any changes to these Terms upon our posting of such changes on the Service.
You agree that no joint venture, agency, partnership, or employment relationship exists between you and Token Terminal and/or its affiliates as a result of these Terms or use of the Service.
In no event shall Token Terminal be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services.
Our performance under these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Service or information provided to, or gathered by, us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Service within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Token Terminal without restriction. Any attempted transfer or assignment by you in violation hereof shall be null and void.
If any provision of these Terms, including, but not limited to, the warranty disclaimers and limitations of liability set forth above, is determined to be invalid or unenforceable under applicable law, the invalid or unenforceable provisions in these Terms shall be deemed superseded by valid and enforceable provisions that, to the extent possible, fulfil the business purposes and intent of such invalid and unenforceable provisions.
Any heading or section title contained herein is for convenience of reference only and shall not affect the meaning or interpretation of these Terms. The terms "include" and "including" are deemed to include the phrase "without limitation" immediately thereafter.
11.Governing Law; Submission to Jurisdiction
These Terms and any and all claims, disputes or other legal proceedings by or between you and us, including but not limited to any claims or disputes that are in any way related to or arising out of these Terms or your use of or access to the Service, shall be governed by and construed in accordance with the laws of Finland, without regard to any principles of conflicts of law.
You acknowledge that any breach of either of the sections above titled "Prohibited Activities" or "License and Intellectual Property Rights” would cause immediate and irreparable harm to Token Terminal, for which monetary damages would not be sufficient, and that, in addition to all other remedies available to Token Terminal at law or in equity, Token Terminal shall be entitled to seek injunctive relief without proof of damages or the posting of bond or other security in the event of such a breach or threatened breach.