GENERAL TERMS OF SERVICE
INTRODUCTION
TOKENY S.àr.l., a Luxembourg private limited liability company (société à responsabilité limitée), with registered office at 9, rue du Laboratoire, L - 1911 Luxembourg, Grand Duchy of Luxembourg, registered with the Luxembourg Register of Commerce and Companies (Registre du commerce et des sociétés, Luxembourg) under number B218805 (hereinafter referred to as the "Company"), provides the "Leandexer Blockchain Indexer" (hereinafter referred to as the "Service"), a Software as a Service (SaaS) solution that offers live streams of blockchain data on EVM-compatible blockchain and enables the setup of alert notifications.
The Service is currently in beta version and is provided to the User for testing and evaluation purposes only.
1. DEFINITIONS
Unless otherwise defined in these general terms of service – beta version (the “Terms of Service”), terms beginning with a capital letter, used in the singular or plural, shall have the meanings given to them hereinafter."
Alert Notifications" refers to the notifications that can be set up by the User to receive alerts from the EVM-compatible blockchains.
"Beta Version" refers to the pre-release version of the Service that is made available to the User for testing and evaluation purposes.
“Data”: refers to the data and files added on the Company’s platform as a result of the use of the Service by the User.
“Ethereum Virtual Machine” or “EVM” refers to a software that sets the rules of computing the state of the Ethereum network from block to block. It executes smart contracts, processes transactions, and updates account balances.
"EVM-compatible blockchain" refers to any blockchain that is compatible with the Ethereum Virtual Machine.
"Live Streams" refers to the real-time data feeds provided by the Service from any EVM-compatible blockchain.
"Purchase Order" refers to the purchase order stipulating the details of the Service as ordered by the User, entirely subject to these Terms of Service."User" means any individual, company or organization that accesses or uses the Service.
2. PURPOSE
The purpose of these Terms of Service is to define the terms and conditions under which the User can use the Beta Version of the Service.
3. CONTRACTUAL DOCUMENTS
These Terms of Service and the Purchase Order signed by the User (and its appendices, if any) shall together constitute the contract (the “Contract”), excluding any other document. In addition, some modules of the Service developed or provided by third parties may give rise to additional terms and conditions, which the User must accept in order to use such modules.
In case of conflict between the Purchase Order and these Terms of Service, the Purchase Order shall prevail. In case of doubt about the extent or nature of the Service, the Purchase Order shall be interpreted in accordance with these Terms of Service.
4. DURATION
The Contract shall become effective from the date of receipt by the Company of the Purchase Order signed by the User, for the duration of the Beta Version testing period, or until the Contract is terminated in accordance with these Terms of Service.
5. THE SERVICE
The Company provides the User with access to the Beta Version of the Service, which includes Live Streams of blockchain data on any EVM-compatible blockchain and the ability to set up Alert Notifications from blockchains, such as events triggered by smart contracts. The User acknowledges that the Beta Version of the Service may contain bugs, errors, and other defects, and that the Service may be modified, suspended or discontinued at any time without notice. The User further acknowledges that, in all cases, it is solely responsible for (i) adapting its practices to the features and management rules of the Service, (ii) conducting any required management or internal changes, and (iii) configuring the Service.The User shall have a period of ten (10) Business Days to test the Beta Version of the Service and notify the Company in writing of any reservations. The Company will address such reservations as soon as possible. In the absence of written notification by the User within ten (10) Business Days, or if the reservations are related to a third-party item or service, the Beta Version of the Service is deemed to be finally accepted without reservation.In case of a User request for a specific adjustment that is beyond the Service’s settings’ capability, the Company may submit a specific quote to the User, outlining the timing and fees for the specific requested adjustment.
6. DATA LOADING AND PRIVACY
Where applicable, the User makes its Data available in the manner specified by the Company. The User is solely responsible for the quality and nature of the Data transmitted to the Company or loaded on the Company’s platform. The User shall ensure the integrity, legality and correct use of any Data.The Company shall collect and process the User's personal data in compliance with applicable data protection laws and regulations. The Company shall implement appropriate technical and organizational measures to protect the User's personal data against unauthorized access, disclosure, alteration or destruction.
7. SERVICE INTERCONNECTION
In principle, the interaction is done via the Service’s interfaces and APIs without additional integration diligence. If the User requires a deeper integration service, it must formulate the request with the Company, and the Company may propose a fee quote. In all cases, the User is solely responsible for obtaining the necessary rights and authorisations for any interconnection with the relevant publishers and is solely responsible for any damage that may occur in case of failure of a third-party item. More generally, the Company assumes no liability for any malfunction of the Service or damage to Data caused by any third-party software or services with which the Service interacts. The Company does not guarantee that the compatibility of the Service with the User’s websites or smart contracts will be permanent, given the fact that the websites and smart contracts are not under the Company’s control, which the User acknowledges.
8. ACCESS TO THE SERVICE
The User accesses the Service via the resources made available by the Company, the User’s workstations only constituting terminals on which the Data and features of the Service are displayed. Some or part of certain services may be developed by third parties and incorporated into the Service by the Company.
The User is solely responsible for actions performed using the assigned code. The Company assumes no responsibility for any intentional or unintentional disclosure by the User of the passwords or other information provided by the Company, if any. The User shall be the only party authorised by the Company to use the Service and, if applicable, the Company may separately invoice the User for any costs related to checks and/or repairs carried out in case of fraudulent introduction or use of the Service by unauthorised third parties.
The Service and the User’s Data are hosted on the Company’s servers or its hosting subcontractor’s servers (at the Company’s sole discretion), enabling the remote processing and safeguarding of Data.
For the purposes of executing the Service, the User expressly grants the Company, its hosting subcontractor and any of its third-party subcontractors, a personal, non-assignable and non-transferable right to reproduce the Data on the Company’s platform.
9. USE OF THE SERVICE
Use of the Service means the exploitation of the Service by the User, within the limit of the number of services stipulated in the Purchase Order. Any corrections, updates or new versions of the Service, within the scope of the Purchase Order, are subject to the conditions set out in these Terms of Service.
The User cannot make the Service or the Company’s know-how or code available to the public. It is strictly forbidden to manufacture, distribute, transfer or otherwise make available to third parties the Service without the Company’s prior approval.
Consequently, any use of the Service other than its intrinsic use by the User shall be prohibited, unless expressly authorised by the Company in writing. As such, the User shall prohibit its representatives from carrying out (i) any temporary or permanent reproduction of all or part of the Service by any means whatsoever, (ii) decompiling or reverse engineering of the Service, regardless of whether it results in a similar service, (iii) any interfacing or integrating with other services or software without prior authorisation from the Company, (iv) any dissemination, distribution, or reproduction of the Service for the benefit of another business, the public or third parties, and (v) any adaptation or modification of the Service whatsoever. Similarly, any extraction or reuse of a qualitatively or quantitatively substantial part of the Service is prohibited.
The User agrees to use the Service for its intended purpose, in accordance with the legal and professional rules applicable to the User’s activities, as well as the provisions of the Contract. The right of use is granted to the version of the services available at the time of signing of the Purchase Order, which may be updated to another version at the sole discretion of the Company.
When storing Data contrary to the provisions set out herein or using the Service for any purpose other than stipulated in the Contract, the Company reserves the right to (i) remove the disputed Data in an emergency or threat and notify the User thereof, (ii) suspend access to the Service immediately and without notice, and/or (iii) terminate the Contract of the User. Such termination shall not give rise to any compensation whatsoever, without prejudice to any damages that the Company may claim from the User as a result of the User’s actions.
10. MAINTENANCE OF THE SERVICE
The User acknowledges that the Service is provided in Beta Version and the Company shall have no obligation to keep the Service available, nor to provide any maintenance or support of the Service. The Company may suspend or alter the Service at any time in its sole discretion, without the User’s consent.
10. INTELLECTUAL PROPERTY
All intellectual property rights in the Service, including but not limited to patents, copyrights, trademarks, trade secrets, and other proprietary rights, are and shall remain the exclusive property of the Company. The User shall not acquire any right, title or interest in the Service, except for the limited right to use the Service in accordance with the Contract.
GUARANTEE
The User guarantees to the Company that it has any necessary permissions, licences and intellectual property rights needed to make use of the Service, and to control the Data stored and processed through the Service, and holds the Company harmless from any claim or damage by a third party. The User agrees to defend and indemnify the Company for damages arising from any claims, lawsuits or convictions brought by a third party.
SECURITY
While the Company will make its reasonable efforts to use the best security practices available, there may be instances where third parties can commit data breaches and other security breaches. Said security breaches will not be the responsibility of the Company, and the Company shall not be liable for any security breach.
LIMITATION OF LIABILITY
The Company shall not be liable for any breaches under the Contract or for any claims resulting from the use or inability to use the Service by the User. Furthermore, the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the User has been advised of the possibility of such damages), resulting from the use or the inability to use the Service.
The User shall be liable for any breach of its obligations under the Contract, and generally in cases of fraud, negligence or wilful misconduct, and shall indemnify the Company for any damages and/or costs incurred as a result thereof.
In addition, the User is solely responsible for Data loads and processes that it uses through the Service, including their legality and technical safety. Consequently, the User is responsible for any damage whatsoever that is suffered by the Company and/or its subcontractor host and/or third parties in respect of Data loaded and/or actions taken by the User and/or its representatives via the Service. The User warrants and shall indemnify the Company against any action arising from any third party.
TERMINATION
The Company may terminate the Contract at any time without cause by giving the User written notice. The User may terminate the Contract at any time by giving the Company written notice. Upon termination of the Contract, the User shall immediately cease using the Beta Version of the Service.
GOVERNING LAW AND JURISDICTION
These Terms of Service shall be governed by and construed in accordance with the laws of Luxembourg, without giving effect to any principles of conflicts of law. Any dispute arising out of or in connection with these Terms of Service shall be subject to the exclusive jurisdiction of the competent courts of Luxembourg.
MISCELLANEOUS
The Contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether oral or written. Any amendment or waiver of any provision of the Contract must be in writing and signed by both parties. The User shall not assign the Purchase Order to a third party without the express written consent of the Company.
If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The failure of either party to enforce any provision of these Terms of Service shall not constitute a waiver of that party's right to enforce such provision in the future.
The User expressly authorises the Company to reproduce its logo and its brand as a business reference, in its printed and online marketing materials for the duration of two years, unless otherwise indicated in written form by the User.
The User agrees to participate in the redaction and publication of a common press release explaining why it chose the Company’s Service. The User agrees to work with the Company on the language and information used in the press release until said press release is agreeable to all parties. All parties must be given a chance to review and approve the press release before publication.
The User waives initiating or employing, directly or through intermediaries, any employee or freelancer of the Company or its affiliates, without prior express consent of the Company. This waiver is valid for the duration of the Contract and during the twelve (12) months following its termination. In the event that the User fails to comply with this obligation, it will compensate the Company by paying it immediately upon request a lump sum equal to twelve (12) times the monthly gross salary of the employee or freelancer at the time of his/her departure.
In case of dispute, evidence provided by the Company of the actions of the User and/or its representatives and/or third parties, using the connection logs and transmissions identified by the Company, shall be considered as the only true and authentic evidence, particularly with regard to the date, nature and content of any Data reports.
As a result of the particular technologies that it uses as part of the Service, the Company reserves the right to modify at any time without notice at its sole discretion the content of these Terms of Service, without notification to the User. The Company shall not have to pay any compensation to the User as a result of the modification of the Terms of Service or termination of the Contract as a consequence thereof.
CONTACT INFORMATION
If you have any questions about these Terms of Service, please contact us at contact@leandexer.com.
TOKENY S.àr.l., a Luxembourg private limited liability company (société à responsabilité limitée), with registered office at 9, rue du Laboratoire, L - 1911 Luxembourg, Grand Duchy of Luxembourg, registered with the Luxembourg Register of Commerce and Companies (Registre du commerce et des sociétés, Luxembourg) under number B218805 (hereinafter referred to as the "Company"), provides the "Leandexer Blockchain Indexer" (hereinafter referred to as the "Service"), a Software as a Service (SaaS) solution that offers live streams of blockchain data on EVM-compatible blockchain and enables the setup of alert notifications.
The Service is currently in beta version and is provided to the User for testing and evaluation purposes only.
1. DEFINITIONS
Unless otherwise defined in these general terms of service – beta version (the “Terms of Service”), terms beginning with a capital letter, used in the singular or plural, shall have the meanings given to them hereinafter."
Alert Notifications" refers to the notifications that can be set up by the User to receive alerts from the EVM-compatible blockchains.
"Beta Version" refers to the pre-release version of the Service that is made available to the User for testing and evaluation purposes.
“Data”: refers to the data and files added on the Company’s platform as a result of the use of the Service by the User.
“Ethereum Virtual Machine” or “EVM” refers to a software that sets the rules of computing the state of the Ethereum network from block to block. It executes smart contracts, processes transactions, and updates account balances.
"EVM-compatible blockchain" refers to any blockchain that is compatible with the Ethereum Virtual Machine.
"Live Streams" refers to the real-time data feeds provided by the Service from any EVM-compatible blockchain.
"Purchase Order" refers to the purchase order stipulating the details of the Service as ordered by the User, entirely subject to these Terms of Service."User" means any individual, company or organization that accesses or uses the Service.
2. PURPOSE
The purpose of these Terms of Service is to define the terms and conditions under which the User can use the Beta Version of the Service.
3. CONTRACTUAL DOCUMENTS
These Terms of Service and the Purchase Order signed by the User (and its appendices, if any) shall together constitute the contract (the “Contract”), excluding any other document. In addition, some modules of the Service developed or provided by third parties may give rise to additional terms and conditions, which the User must accept in order to use such modules.
In case of conflict between the Purchase Order and these Terms of Service, the Purchase Order shall prevail. In case of doubt about the extent or nature of the Service, the Purchase Order shall be interpreted in accordance with these Terms of Service.
4. DURATION
The Contract shall become effective from the date of receipt by the Company of the Purchase Order signed by the User, for the duration of the Beta Version testing period, or until the Contract is terminated in accordance with these Terms of Service.
5. THE SERVICE
The Company provides the User with access to the Beta Version of the Service, which includes Live Streams of blockchain data on any EVM-compatible blockchain and the ability to set up Alert Notifications from blockchains, such as events triggered by smart contracts. The User acknowledges that the Beta Version of the Service may contain bugs, errors, and other defects, and that the Service may be modified, suspended or discontinued at any time without notice. The User further acknowledges that, in all cases, it is solely responsible for (i) adapting its practices to the features and management rules of the Service, (ii) conducting any required management or internal changes, and (iii) configuring the Service.The User shall have a period of ten (10) Business Days to test the Beta Version of the Service and notify the Company in writing of any reservations. The Company will address such reservations as soon as possible. In the absence of written notification by the User within ten (10) Business Days, or if the reservations are related to a third-party item or service, the Beta Version of the Service is deemed to be finally accepted without reservation.In case of a User request for a specific adjustment that is beyond the Service’s settings’ capability, the Company may submit a specific quote to the User, outlining the timing and fees for the specific requested adjustment.
6. DATA LOADING AND PRIVACY
Where applicable, the User makes its Data available in the manner specified by the Company. The User is solely responsible for the quality and nature of the Data transmitted to the Company or loaded on the Company’s platform. The User shall ensure the integrity, legality and correct use of any Data.The Company shall collect and process the User's personal data in compliance with applicable data protection laws and regulations. The Company shall implement appropriate technical and organizational measures to protect the User's personal data against unauthorized access, disclosure, alteration or destruction.
7. SERVICE INTERCONNECTION
In principle, the interaction is done via the Service’s interfaces and APIs without additional integration diligence. If the User requires a deeper integration service, it must formulate the request with the Company, and the Company may propose a fee quote. In all cases, the User is solely responsible for obtaining the necessary rights and authorisations for any interconnection with the relevant publishers and is solely responsible for any damage that may occur in case of failure of a third-party item. More generally, the Company assumes no liability for any malfunction of the Service or damage to Data caused by any third-party software or services with which the Service interacts. The Company does not guarantee that the compatibility of the Service with the User’s websites or smart contracts will be permanent, given the fact that the websites and smart contracts are not under the Company’s control, which the User acknowledges.
8. ACCESS TO THE SERVICE
The User accesses the Service via the resources made available by the Company, the User’s workstations only constituting terminals on which the Data and features of the Service are displayed. Some or part of certain services may be developed by third parties and incorporated into the Service by the Company.
The User is solely responsible for actions performed using the assigned code. The Company assumes no responsibility for any intentional or unintentional disclosure by the User of the passwords or other information provided by the Company, if any. The User shall be the only party authorised by the Company to use the Service and, if applicable, the Company may separately invoice the User for any costs related to checks and/or repairs carried out in case of fraudulent introduction or use of the Service by unauthorised third parties.
The Service and the User’s Data are hosted on the Company’s servers or its hosting subcontractor’s servers (at the Company’s sole discretion), enabling the remote processing and safeguarding of Data.
For the purposes of executing the Service, the User expressly grants the Company, its hosting subcontractor and any of its third-party subcontractors, a personal, non-assignable and non-transferable right to reproduce the Data on the Company’s platform.
9. USE OF THE SERVICE
Use of the Service means the exploitation of the Service by the User, within the limit of the number of services stipulated in the Purchase Order. Any corrections, updates or new versions of the Service, within the scope of the Purchase Order, are subject to the conditions set out in these Terms of Service.
The User cannot make the Service or the Company’s know-how or code available to the public. It is strictly forbidden to manufacture, distribute, transfer or otherwise make available to third parties the Service without the Company’s prior approval.
Consequently, any use of the Service other than its intrinsic use by the User shall be prohibited, unless expressly authorised by the Company in writing. As such, the User shall prohibit its representatives from carrying out (i) any temporary or permanent reproduction of all or part of the Service by any means whatsoever, (ii) decompiling or reverse engineering of the Service, regardless of whether it results in a similar service, (iii) any interfacing or integrating with other services or software without prior authorisation from the Company, (iv) any dissemination, distribution, or reproduction of the Service for the benefit of another business, the public or third parties, and (v) any adaptation or modification of the Service whatsoever. Similarly, any extraction or reuse of a qualitatively or quantitatively substantial part of the Service is prohibited.
The User agrees to use the Service for its intended purpose, in accordance with the legal and professional rules applicable to the User’s activities, as well as the provisions of the Contract. The right of use is granted to the version of the services available at the time of signing of the Purchase Order, which may be updated to another version at the sole discretion of the Company.
When storing Data contrary to the provisions set out herein or using the Service for any purpose other than stipulated in the Contract, the Company reserves the right to (i) remove the disputed Data in an emergency or threat and notify the User thereof, (ii) suspend access to the Service immediately and without notice, and/or (iii) terminate the Contract of the User. Such termination shall not give rise to any compensation whatsoever, without prejudice to any damages that the Company may claim from the User as a result of the User’s actions.
10. MAINTENANCE OF THE SERVICE
The User acknowledges that the Service is provided in Beta Version and the Company shall have no obligation to keep the Service available, nor to provide any maintenance or support of the Service. The Company may suspend or alter the Service at any time in its sole discretion, without the User’s consent.
10. INTELLECTUAL PROPERTY
All intellectual property rights in the Service, including but not limited to patents, copyrights, trademarks, trade secrets, and other proprietary rights, are and shall remain the exclusive property of the Company. The User shall not acquire any right, title or interest in the Service, except for the limited right to use the Service in accordance with the Contract.
GUARANTEE
The User guarantees to the Company that it has any necessary permissions, licences and intellectual property rights needed to make use of the Service, and to control the Data stored and processed through the Service, and holds the Company harmless from any claim or damage by a third party. The User agrees to defend and indemnify the Company for damages arising from any claims, lawsuits or convictions brought by a third party.
SECURITY
While the Company will make its reasonable efforts to use the best security practices available, there may be instances where third parties can commit data breaches and other security breaches. Said security breaches will not be the responsibility of the Company, and the Company shall not be liable for any security breach.
LIMITATION OF LIABILITY
The Company shall not be liable for any breaches under the Contract or for any claims resulting from the use or inability to use the Service by the User. Furthermore, the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the User has been advised of the possibility of such damages), resulting from the use or the inability to use the Service.
The User shall be liable for any breach of its obligations under the Contract, and generally in cases of fraud, negligence or wilful misconduct, and shall indemnify the Company for any damages and/or costs incurred as a result thereof.
In addition, the User is solely responsible for Data loads and processes that it uses through the Service, including their legality and technical safety. Consequently, the User is responsible for any damage whatsoever that is suffered by the Company and/or its subcontractor host and/or third parties in respect of Data loaded and/or actions taken by the User and/or its representatives via the Service. The User warrants and shall indemnify the Company against any action arising from any third party.
TERMINATION
The Company may terminate the Contract at any time without cause by giving the User written notice. The User may terminate the Contract at any time by giving the Company written notice. Upon termination of the Contract, the User shall immediately cease using the Beta Version of the Service.
GOVERNING LAW AND JURISDICTION
These Terms of Service shall be governed by and construed in accordance with the laws of Luxembourg, without giving effect to any principles of conflicts of law. Any dispute arising out of or in connection with these Terms of Service shall be subject to the exclusive jurisdiction of the competent courts of Luxembourg.
MISCELLANEOUS
The Contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether oral or written. Any amendment or waiver of any provision of the Contract must be in writing and signed by both parties. The User shall not assign the Purchase Order to a third party without the express written consent of the Company.
If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The failure of either party to enforce any provision of these Terms of Service shall not constitute a waiver of that party's right to enforce such provision in the future.
The User expressly authorises the Company to reproduce its logo and its brand as a business reference, in its printed and online marketing materials for the duration of two years, unless otherwise indicated in written form by the User.
The User agrees to participate in the redaction and publication of a common press release explaining why it chose the Company’s Service. The User agrees to work with the Company on the language and information used in the press release until said press release is agreeable to all parties. All parties must be given a chance to review and approve the press release before publication.
The User waives initiating or employing, directly or through intermediaries, any employee or freelancer of the Company or its affiliates, without prior express consent of the Company. This waiver is valid for the duration of the Contract and during the twelve (12) months following its termination. In the event that the User fails to comply with this obligation, it will compensate the Company by paying it immediately upon request a lump sum equal to twelve (12) times the monthly gross salary of the employee or freelancer at the time of his/her departure.
In case of dispute, evidence provided by the Company of the actions of the User and/or its representatives and/or third parties, using the connection logs and transmissions identified by the Company, shall be considered as the only true and authentic evidence, particularly with regard to the date, nature and content of any Data reports.
As a result of the particular technologies that it uses as part of the Service, the Company reserves the right to modify at any time without notice at its sole discretion the content of these Terms of Service, without notification to the User. The Company shall not have to pay any compensation to the User as a result of the modification of the Terms of Service or termination of the Contract as a consequence thereof.
CONTACT INFORMATION
If you have any questions about these Terms of Service, please contact us at contact@leandexer.com.