Waev Terms of Use
Waev Data Inc. (“Waev”) provides access to software that allows user of such software to assemble, store, read, analyze, exchange and otherwise share their data on the blockchain (the “Software”). By using the Software, you are entering into a legally binding agreement with Waev that includes these Terms of Use and Waev’s Privacy Policy (the “Privacy Policy”), which is incorporated into these Terms of Use by this reference. A copy of the Privacy Policy can be accessed by clicking or tapping on http://waevdata.xyz/privacy. These Terms of Use and the Privacy Policy are collectively referred to below as these “Terms”.
These Terms govern your access to and use of the Software. Please read them carefully and completely BEFORE your use of the Software. Your accessing and use of the Software assumes that you accept these Terms and that you promise to comply with these Terms.
1. Use.
You are responsible for your use of the Software and for any consequences thereof. You may use the Software only if you can be contractually bound to a contract with us and if you are not a person barred from accessing the Software under applicable law. If you are under 18 years of age, you may not use the Software. You may use the Software only in compliance with these Terms and applicable law.
Without prior notice, we may change the form and nature of the Software, we may suspend or terminate (permanently or temporarily) making available the Software and/or any features currently available via the Software and/or limit your (or others’) use of the Software.
The Software may include advertisements, which may be targeted to the content or information on the Software, queries made through the Software, or other information. The type and extent of advertising on the Software is subject to change. In consideration for our granting you access to and use of the Software, you consent to our placing, and/or allowing third parties to place, such advertising on the Software or in connection with the display of content or information from the Software.
2. Privacy; Further Communication
Any information that you provide to us via the Software is subject to the Privacy Policy, which governs our collection and use of your information. If we provide to you communications related to use of the Software (e.g., service announcements, administrative messages, etc.), these communications are considered part of these Terms and/or your use of the Software may be conditioned upon your compliance with such communications. You may not be able to opt out from receiving these messages without discontinuing your use of the Software.
3. Usernames; Passwords
You may not use as a username the name of another person or entity or a name or mark to which another has legal rights without such other’s consent. You may not use a username that we deem to be offensive, vulgar or obscene.
You are responsible for safeguarding the password or credentials (including but not limited to private keys, seed phrases, tokens, etc) that you use to access the Software. We encourage you to use a password that combines upper and lower case letters, numbers and symbols and that is different from any password you use for any other purpose. We may not be held liable for any loss or damage arising from your failure to safeguard or retain the password or credentials you use to access the Software. If you become aware of any breach of security or unauthorized use of your account, you must immediately notify us by emailing [email protected].
4. Content on the Software
We do not verify the accuracy of any information available via the Software. Any use or reliance on any information you obtain via the Software is at your own risk. By using the Software, you may be exposed to content that is inaccurate or that you deem to be offensive, harmful or otherwise inappropriate. Under no circumstances may we be deemed liable in any way for any information available via the Software. By using the Software, (1) you consent to our collection, storage, use and processing of the information you provide, or make available to us via the Software (which may include its transfer to and/or from the United States and/or other countries) and (2) promise that any such information is being provided or made available to us without violation of any applicable law and that you have the right to provide it, or make it available, to us.
5. Waev’s Rights
Except as otherwise set forth in these Terms, all right, title and interest in and to the Software is and will remain the exclusive property of Waev Data Inc. and our licensors (including, without limitation, any and all rights in any data, reporting, documentation or other information generated by the Software for any purposes other than your use of the Software). The Software is protected by copyright, trademark and other laws of both the United States and foreign countries. We reserve all rights not expressly granted in these Terms. If you provide any feedback, comments or suggestions regarding the Software or otherwise to us, your doing so is entirely voluntary and provided without any expectation of payment or other consideration and with the expectation that we may use any and/or all of the same without any obligation to you, as we see fit and/or not at all.
6. Restrictions On Use Of The Software
We reserve the right, but have no obligation, to suspend and or terminate your use of the Software if you fail to comply with these Terms.
While using the Software, you may not (1) access, tamper with or use non-public areas of the Software, our computer, network and/or other systems and/or the computer, network and/or other systems of our licensors and/or service providers, (2) probe, scan or test the vulnerability of any computer, network and/or other system or breach or circumvent any measures (e.g., security, authentication, etc.) used to prevent and/or limit access to such systems, (3) access or search the Software by any means (automated or otherwise) other than through interfaces we make available for such purpose (if any), (4) “scrape” or otherwise pull content from the Software, (5) use the Software to send altered, deceptive or false source-identifying information, (6) interfere with, or disrupt, the access of any user of the Software, (7) create an undue burden on the Software (even if by a means we make available albeit for other purposes) or (8) attempt to do any of that set forth above.
7. Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that information delivered to the Software infringes on the copyright or other intellectual property rights of any person or entity.
If you are a copyright owner, or authorized on behalf of copyright owner, and believe that copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to [email protected], with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged infringement. You may be held accountable for damages (including costs and attorneys’ fees) for any misrepresentation or bad-faith claim alleging infringement.
8. Termination
These Terms will continue to apply to your use of the Software until their applicability to such use is terminated.
You may terminate the applicability of these Terms to your use of the Software by (1) discontinuing your use of the Software and (2) deactivating your account by contacting us at [email protected]. Even after any such termination, you may still be deemed liable for a violation of these Terms that occurred prior to such termination. If you use the Software after any such termination, upon doing so, these Terms will again apply to your use of the Software.
We may suspend or terminate (permanently or temporarily) your use of the Software at any time and/or for any reason.
9. Disclaimers; Limitations of Liability; Indemnity
This section limits our liability and that of our employees, officers, directors, stockholders, agents, representatives, affiliates and licensors (collectively, the “Waev Entities”). Please read it carefully BEFORE your use of the Software.
Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
Your access to and use of the Software is at your own risk. The Software is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, THE WAEV ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
The Waev Entities make no warranty as to and disclaim all responsibility and liability for (1) any actions of the Software’s users, (2) the completeness, accuracy, availability, timeliness, security or reliability of the Software, (3) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Software, (4) the deletion of, or the failure to store or to transmit, any data maintained by the Software, (5) whether or not the Software will meet your requirements or be available on an uninterrupted, secure or error-free basis and (6) any injuries or harm you or a third party incurs as a result of using the Software.
The Software may contain links to third-party services or resources. We are not responsible or liable for the availability or accuracy of such services or resources and/or the content, products or services made available via any such link. Links to such services or resources do not imply any endorsement by any of the Waev Entities. You assume any and all risk arising from your use of any product or services made available via any such link.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NONE OF THE WAEV ENTITIES MAY BE HELD LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL OR OTHER INTANGIBLE LOSSES, RESULTING FROM (1) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SOFTWARE, (2) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SOFTWARE, (3) ANY CONTENT OBTAINED FROM THE SOFTWARE, WHETHER BY YOU OR OTHERWISE OR (4) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT MAY THE AGGREGATE LIABILITY OF THE WAEV ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) AND THE AMOUNT YOU PAID TO US, IF ANY, IN THE PAST SIX MONTHS TO USE THE SOFTWARE.
THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE WAEV ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
To the extent not prohibited by law, you will indemnify and hold harmless the WAEV Entities from and against any and all liabilities, expenses, damages and costs, including, but not limited to, reasonable attorneys’ fees and costs, related to all third-party claims, charges and investigations related to (1) your failure to comply with these Terms; (2) your interactions with any other user of the Software and (3) any activity you undertake via the Software.
10. Miscellaneous.
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary and the remaining provisions of these Terms will remain in full force and effect.
These Terms and any action related thereto will be governed by the laws of the State of Delaware without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Software will be brought solely in the federal or state courts located in Suffolk County, Massachusetts. By using the Software, you consent to the applicability of such jurisdiction and venue in such courts and waive any objection with respect to the same. You may only bring claims against us related to your use of the Software on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding.
Unless there is another agreement between you and us that relates to your use of the Software, these Terms constitute the entire and exclusive agreement between you and us regarding your use of the Software.
These Terms were last revised on August 5, 2022. We may revise these Terms at any time. If we deem such revisions to be material, we will notify you that such revisions were made. If you do not wish to be bound by any such revision, you must terminate the applicability of these Terms to your use of the Software as set forth in these Terms. By using the Software after such revisions become effective, you agree that they apply to your use of the Software and that you are bound by these Terms, as so revised. The current, in-effect version of these Terms is available at http://waevdata.xyz/terms.
If you have any questions about these Terms, please contact us at [email protected].
