party that provides such content or utilities is solely between you and that third
party. We reserve the right to change, suspend, remove, disable, or impose
access restrictions or limits on the use of any Third Party service at any time
without notice.
3.
Access to Utilities
3.1
We own all rights, titles, and interests to the Application. Subject to your
compliance with the ToU, we grant you a non-assignable, non-transferable,
non-sublicensable, revocable, and non-exclusive license to access the Utilities
via Application on devices you own or control solely for your personal or internal
purposes. By accessing the Utilities, you agree not to: (a) sub-license, sell, rent,
lease, transfer, assign, reproduce, distribute, or otherwise commercially exploit
the Application; (b) modify, translate, adapt, merge, make derivative works of,
disassemble, decompile, reverse compile or reverse engineer any part of the
Application; (d) access the Application in order to build a similar or competitive
software; (d) copy, reproduce, distribute, republish, download, display, post or
transmit the Application except as expressly permitted herein; and (e) remove or
destroy any copyright notices or other proprietary markings contained in the
Application.
3.2
By using the Utilities, you hereby represent and warrant that you:
(a)
are of legal age in the jurisdiction in which you reside to use the Utilities,
and you have legal capacity to consent and agree to be bound by these
Terms;
(b)
have all technical knowledge necessary or advisable to understand and
evaluate the risks of using the Utilities;
(c)
comply with all applicable laws, rules and regulations in your relevant
jurisdiction and your use of the Utilities is not prohibited by and does not
otherwise violate or facilitate the violation of any applicable laws or
regulations, sanction regimes or contribute to or facilitate any illegal
activity;
(d)
are not a person currently or ordinarily located or resident in (or
incorporated or organised) in one of the Restricted Jurisdictions;
(e)
are not using Tor (The Onion Router), VPNs (virtual private networks) to
misrepresent your IP address and/ or location.
“Restricted Jurisdiction” means Syria, North Korea, Cuba, and the United
States of America
.
3.3
All graphics, logos, service marks and trade names used on or in connection with
the Application are trademarks that belong to our affiliates and may not be used
without permission in connection with any third-party products or utilities.
4.
Privacy
4.1
By signing up to use the Application you agree that we may from time to time
collect the IP information of the device used to access the Application for a better
user experience and statistics purposes, but this information and logs are kept as
non-personally identifiable information and does not allow us to link it to or
retrieve it for a particular user.
4.2
We use cookies. The data automatically collected from cookies may include
information and details of your visits to our Application, including page views,
length of visit and navigation paths, and how you interact with the Utilities. We
collect this data in order to help us improve our Application. The information we
collect automatically may also include statistical and performance information
arising from your use of our Application. This type of data will only be used by us
in an aggregated and anonymized manner. We may share data indicated in point
4.2 with our affiliates.
5.
Discontinuation of Utilities
We may, in our sole discretion and without cost to you, with or without prior
notice, and at any time, modify or discontinue, temporarily or permanently, any
portion of our Utilities.
6.
Indemnification
You agree to indemnify and hold us harmless from any losses, costs, liabilities
and expenses (including reasonable attorneys’ fees) relating to or arising out of:
(a) your use of, or inability to use the Application; (b) your violation of the ToU; (c)
your violation of any rights of another party; or (d) your violation of any applicable
laws, rules or regulations. This provision does not require you to indemnify us for
any fraud, gross negligence, or willful misconduct in connection with providing
Utilities.
7.
Disclaimer
7.1
The Application is provided “as is” except to the extent prohibited by law. We
make no representations or warranties of any kind, whether express, implied,
statutory or otherwise regarding the Application, and disclaim all warranties,
including any implied or express warranties (i) of merchantability, satisfactory
quality, fitness for a particular purpose, non-infringement, (ii) arising out of any
course of dealing or usage of trade, (iii) that the Application will be uninterrupted,
error free or free of harmful components, and (iv) that any content will be secure
or not otherwise lost or altered.
7.2
Our utilities rely on new technologies, such as The Open Network blockchain.
Some utilities are subject to increased risk through your potential misuse of
things such as public/private key cryptography. By using the Application, you
explicitly acknowledge and accept these heightened risks.
8.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event will we or any of our
officers, directors, representatives, agents, servants, counsel, employees,
consultants, lawyers, and other personnel authorized to act, acting, or purporting
to act on our behalf be liable to you under contract, tort, strict liability, negligence,
or any other legal or equitable theory, for: (a) any lost profits, data loss, cost of
procurement of substitute goods or utilities, or direct, indirect, incidental, special,
punitive, compensatory, or consequential damages of any kind whatsoever
resulting from: (i) your use of, or conduct in connection with, the Application; (ii)
any unauthorized use of your wallet address and/or private key due to your
failure to maintain the confidentiality of your wallet; (iii) any interruption or
cessation of transmission to or from the Application; or (iv) any bugs, viruses,
trojan horses, or the like that are found in the application or that may be
transmitted to or through our utilities by any third party (regardless of the source
of origination), or (b) any direct damages. These limitations apply regardless of
legal theory, whether based on tort, strict liability, breach of contract, breach of
warranty, or any other legal theory, and whether or not we were advised of the
possibility of such damages. Some jurisdictions do not allow the exclusion or
limitation of liability for consequential or incidental damages, so the above
limitation may not apply to you. Under no circumstances shall we be required to
deliver to you any cryptocurrency as damages, make specific performance or any
other remedy.
For clarity, we shall have no responsibility or liability whatsoever in the event you
are unable to access your TON Space or Non-Custodial Wallet for any reason
including without limitation your failure to keep your wallet address and private
keys information secure.
9.
Governing law
These ToU and any action related thereto will be governed and interpreted by
and under the laws of
the Republic of Seychelles
. The parties agree to submit to
the courts of
the Republic of Seychelles
for exclusive jurisdiction of any dispute
arising out of or related to these ToU or your use of the Application. You waive
any objection based on lack of personal jurisdiction, place of residence, improper
venue, or forum non conveniens in any such action.
10.
Miscellaneous
10.1 Assignment. You will not assign or otherwise transfer these ToU or any of your
rights and obligations under these ToU, without our prior written consent. Any
assignment or transfer in violation of this section will be void. We may assign
these ToU without your consent (a) in connection with a merger, acquisition or
sale of all or substantially all of our assets, or (b) to any affiliate or as part of a
corporate reorganization; and effective upon such assignment, the assignee is
deemed substituted for us as a party to these ToU and we are fully released from
all of our obligations and duties to perform under these ToU. Subject to the
foregoing, these ToU will be binding upon, and inure to the benefit of the parties
and their respective permitted successors and assigns.
10.2 Force Majeure. Neither party nor their respective affiliates will be liable for any
delay or failure to perform any obligation under these ToU where the delay or
failure results from any cause beyond such party’s reasonable control, including
but not limited to acts of God, utilities or other telecommunications failures, cyber
attacks, earthquake, storms or other elements of nature, pandemics, blockages,
embargoes, riots, acts or orders of government, acts of terrorism, or war.
10.3 Severability. In the event that any provision of these ToU is unenforceable under
applicable law, the validity or enforceability of the remaining provisions will not be
affected. To the extent any provision of these ToU is judicially determined to be
unenforceable, a court of competent jurisdiction may reform any such provision
to make it enforceable. The provisions of these ToU will, where possible, be
interpreted so as to sustain its legality and enforceability.
10.4 Independent Contractors. Nothing in these ToU is intended to, nor shall create
any partnership, joint venture, agency, consultancy or trusteeship. We and you
are independent contractors for purposes of these ToU.
10.5 Notice. We may provide any notice to you under these ToU by posting a notice in
the Application. To give us notice under these ToU, you must contact us:
support@ton.space.
10.6 Entire Agreement. These ToU set forth the entire understanding and agreement
as to the subject matter hereof and supersedes any and all prior discussions,
agreements, and understandings of any kind and every nature between us.
10.7 Changes. We may from time to time, at our discretion, make changes and
improvements to this Agreement. By continuing to use the Application after these
changes have been made, you express and acknowledge your consent to the
changes.
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