Terms of use
Block Solutions spółka z ograniczoną odpowiedzialnością (Polish limited liability company_)_ (” Block Solutions“, ” we ,” ” us ,” or ” our“) is the leading blockchain software development company. With a focus on utilizing decentralized technologies, such as Blockchain, Block Solutions hosts websites such as https://tokenguard.io/, that serves information regarding Block Solutions and our offerings, as well as sub-domains for our product offerings (the ” Sites“), which include text, images, audio, code and other materials or third party information.
These Terms of Use (the ” Terms ,” ” Terms of Use” or ” Agreement“) contain the terms and conditions that govern your access to and use of the Site and Services (as defined below) provided by us and is an agreement between us and you or the entity you represent (” you“, ” your“). Please read these Terms of Use carefully before using the Site or Services. By using the Site, or clicking a button or checkbox to accept or agree to these Terms where that option is made available or, completing an order form for Services, or, if earlier, using or otherwise accessing the Services (the ” Effective Date“), you (1) accept and agree to these Terms and any additional terms, rules and conditions of participation issued by Block Solutions from time to time and (2) consent to the collection, use, disclosure and other handling of information as described in our Privacy Policy. If you do not agree to the Terms, then you may not access or use the Services.
You represent to us that you are lawfully able to enter into contracts. If you are entering into this Agreement for an entity, such as the company you work for, you represent to us that you have legal authority to bind that entity.
Definitions.
“Acceptable Use Policy” means the policy set forth below, as it may be updated by us from time to time. You agree not to, and not to allow third parties to, use the Services:
- to violate, or encourage the violation of, the legal rights of others (for example, this may include allowing End Users to infringe or misappropriate the intellectual property rights of others in violation of the legal provisions, in particular Polish Law;
- to engage in, promote or encourage any illegal or harmful activity or infringing, offensive or harmful content;
- for any unlawful, invasive, infringing, defamatory or fraudulent purpose (for example, this may include phishing, creating a pyramid scheme or mirroring a website);
- to intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature;
- to interfere with the use of the Services, or the equipment used to provide the Services, by customers, authorized resellers, or other authorized users;
- to disable, interfere with or circumvent any aspect of the Services (for example, any thresholds or limits);
- to generate, distribute, publish or facilitate unsolicited mass email, promotions, advertising or other solicitation; or
- to use the Services, or any interfaces provided with the Services, to access any other product or service in a manner that violates the terms of service of such other product or service.
“Applicable Threshold” has the meaning set forth in Section 5.2.
“Account Information” means information about User that User provides to Block Solutions in connection with the creation or administration of User’s Account. For example, Account Information includes names, usernames, phone numbers, email addresses and billing information associated with User’s Account.
“API” means an application program interface.
“Accepted Blockchain” means the following software which is complied with Services, including the following Ethereum, Binance Smart Chain, Polygon, Fantom.
“Base Fee” has the meaning set forth in Section 5.2.
“Content” means software (including machine images), data, text, audio, video or images and any documentation we offer for the Services.
“Dashboard” means a graphical application program interface.
“End User” means any individual or entity that directly or indirectly through another user: (a) accesses or uses User’s Content; or (b) otherwise accesses or uses the Service Offerings under your account.
“Fees” has the meaning set forth in Section 5.2.
“Interface” means an API and / or Dashboard.
“Losses” means any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees).’
“Our Marks” means any trademarks, service marks, service or trade names, logos, and other designations of Block Solutions and their affiliates or licensors that we may make available to you in connection with this Agreement.
“Order” means an order for the Products or Services executed through an order form directly with Block Solutions, or through a cloud vendor, or other services provider.
“Overage Fees” has the meaning set forth in Section 5.2.
“Policies” means this Agreement, Acceptable Use Policy , Privacy Policy, any supplemental policies or addendums applicable to any Service as provided to you, and any other policy or terms referenced in or incorporated into this Agreement, each as may be updated by us from time to time.
“Privacy Policy” means the privacy policy located at [●](and any successor or related locations designated by us), as it may be updated by us from time to time.
“Service” means each of the services provided by Block Solutions, including Tokenguard and any other features, tools, materials, or services offered from time to time, including its network infrastructure, by Block Solutions or its affiliates.
“Service Offerings” means the Services (including associated APIs), Block Solutions’ Content, its Marks, and any other product or service provided by Block Solutions under this Agreement. Service Offerings do not include Third-Party Content or Third-Party Services.
“Term” means the term of this Agreement described in Section 7.1.
“Termination Date” means the effective date of termination according to Section 7, in a notice from one party to the other.
“Tokenguard” means a platform consisting of API, Dashboard and other Services.
“User” means the person specified in Account Information.
“User’s Content” means Content that User or any End User transfers to us for processing, storage or hosting by the Services in connection with Account and any computational results that you or any End User derive from the foregoing through their use of the Services. User’s Content does not include Account Information.
The Services.
- User may access and use the Services according to this Agreement. User agrees to comply with the terms of this Agreement and all laws, rules and regulations applicable to your use of the Service Offerings.
- Block Solutions offer a number of products (each a ” Service“) under the Block Solutions brand or brands owned by Block Solutions. These include Tokenguard and others. Services are accessed through the Tokenguard platform, unless otherwise agreed in writing or otherwise offered. Some Services may require User to create an Account, enter a valid form of payment, and select a paid plan (a ” Plan“), or initiate an Order for a Plan or Service.
- Using of Services may include using the services of one or more third parties. Such using of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
Changes.
- Block Solutions reserve the right to change or discontinue any or all of the Services or change or remove functionality of any or all of the Services from time to time. Block Solutions shall notify User of any amendment to or discontinuation of the Services. If User is on a Plan, User will be notified of any material amendments to the Service at least 10 days in advance of such change. For any discontinuation of or material amendment to a Service, Block Solutions will use commercially reasonable efforts to continue supporting the previous version of the Service till the end of the settlement period (but no longer than one month). The above does not apply to:
- a security or intellectual property issue,
- economically or technically burdensome, or
- would cause the Block Solutions to violate the law or requests of governmental entities).
- Block Solutions reserve the right, at its sole discretion, to amend or replace any part of the hereby Agreement (including the Privacy Policy) at any time. The User is responsible for being familiar with any amendment of the Agreement. Continuation of using of or accessing the Services following the posting of any amendments to this Agreement means acceptance of those changes.
Recipients of personal data
The recipients of your personal data may be:
- entities providing services ensuring appropriate technical and organizational solutions of the Administrator (e.g. IT service providers, entities providing maintenance services);
- entities providing legal services, in case of the need to assert due claims (including courts or enforcement authorities) or financial services (e.g. banks);
- entities entitled on the basis of commonly binding legal regulations;
- entities entitled to perform inspection, supervision or audit, including also Administrator’s bodies or certification bodies.We will attempt to notify you of lawful requests for your data, unless prohibited by law or decision court or if the request is urgent. We may challenge such requests if we believe they are overly broad, vague or unlawful
Fees and Payment.
- Some Services, including paid Services up to a certain use threshold, may be offered to the public and licensed on a free basis.
- Unless otherwise specified in an Order form for Services, to the extent a Service incurs fees, Block Solutions calculate and bill fees and charges monthly according to User’s Plan or as otherwise advertised and charged on the Service (the “On Use Fees“). On Use Fees are charged contemporaneously with User’s use of the Services. For Services under a Plan, on the first day of each billing period, User is obliged to pay to the Block Solutions the applicable fees (the “Base Fees“) and any applicable taxes based on the Services in the plan that User selected (the “Selected Plan“). In addition, we may, for particular Services as defined in your Order, issue an invoice to you for all charges above the applicable threshold for your Selected Plan (the “Applicable Threshold“) based on your use of the Services during the previous billing period (the “Overage Fees” and, together with the Base Fees, the “Fees“).
- If User makes any other changes to the Services during a billing period (e.g. upgrading or downgrading your Selected Plan), Block Solutions have right to apply any additional charges or credits to the next billing period. User is obliged to pay to Block Solutions the Fees for use of the Service Offerings in chosen currency available on the Platform.
Temporary Suspension
Block Solutions may suspend User’s right to access or use any part or all of the Services immediately upon the prior notice to User, if Block Solutions determine:
- User’s use of the Services (i) poses a security risk to the Services or any third party, (ii) could adversely impact Block Solution’s systems, the Services or the systems of any other user, (iii) could subject Block Solutions, its affiliates, or any third party to liability, or (iv) could be fraudulent;
- User, or any End User is, in breach of this Agreement;
- User is in breach of his payment obligations under Section 4 and such breach continues for 30 days or longer.
Term and Termination.
- The term of this Agreement will commence on the Effective Date and will remain in effect until terminated under this Section 7. Any notice of termination of this Agreement by either party to the other must include a Termination Date that complies with the notice periods in Section 7.2.- 7.4.
- User may terminate this Agreement for any reason by, in the case of Plan is not requiring an Account, ceasing use of the Service. In the case of paid Plan(s) or Plan(s) requiring an account, only according to User’s Order. In the case of Plan’s not requiring an Account, Block Solutions may terminate this Agreement for any reason by providing you at least 30 days’ written notice. In the case of paid Plan(s) or Plan(s) requiring an account, we may terminate only in accordance with your Order.
- Either party may terminate this Agreement for cause if the other party is in material breach of this Agreement and the material breach remains uncured for a period of 30 days from receipt of notice by the other party.
- Block Solutions may also terminate this Agreement immediately upon notice to you (A) for cause if Block Solutions have the right to suspend under Section 6, (B) if relationship with a third-party partner who provides software or other technology Block Solution uses to provide the Services expires, terminates or requires Block Solutions to change the way of providing the software or other technology as part of the Services, or (C) in order to comply with the law or requests of governmental entities.
- Upon the Termination Date:
• all User’s rights under this Agreement immediately terminate;
• each party remains responsible for all fees and charges it has incurred through the Termination Date and are responsible for any fees and charges it incurs during the post-termination period; - For any use of the Services after the Termination Date, the terms of this Agreement will again apply and, if your use is for a paid Plan, you will pay the applicable fees at the rates.
Proprietary Rights.
- Except as provided in this Section 8, Block Solutions obtain no rights under this Agreement from User to User’s Content. User grants consent to Block Solution’s use of User’s Content to provide the Services to User.
- User grants Block Solutions the consent for collecting and using the User’s tokens data for commercial purposes. Abovementioned consent does not include the source code of the User’s tokens.
- Either party may terminate this Agreement for cause if the other party is in material breach of this Agreement and the material breach remains uncured for a period of 30 days from receipt of notice by the other party.
- Block Solutions or its licensors own all right, title, and interest in and to the Services, and all related technology and intellectual property rights. For the avoidance of doubt, Block Solutions grants to User a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to do the following: (a) access and use the Services solely according to this Agreement; and (b) copy and use Block Solutions’ Content solely in connection with your permitted use of the Services.
- Except as provided in this Section 8.4. User obtains no rights under this Agreement from the Block Solutions, its affiliates or licensors to the Service Offerings, including any related intellectual property rights. Some of Block Solutions Content and Third-Party Content may be provided to you under a separate license, such as open source license.
- The User grants to the Block Solutions the consent for using his logo and/or trademark on the Block Solutions’ websites and the marketing materials.
- Neither User nor any End User will use the Services in any manner or for any purpose other than as expressly permitted by this Agreement. Except as expressly authorized, neither User nor any End User will, or will attempt to:
- modify, distribute, alter, tamper with, repair, or otherwise create derivative works of any Content included in the Services (except to the extent Content included in the Services is provided to you under a separate license that expressly permits the creation of derivative works),
- reverse engineer, disassemble, or decompile the Services or apply any other process or procedure to derive the source code of any software included in the Services (except to the extent applicable law doesn’t allow this restriction),
- access or use the Services in a way intended to avoid incurring fees or exceeding usage limits or quotas,
- use scraping techniques to mine or otherwise scrape data except as permitted by a Plan, or
- resell or sublicense the Services unless otherwise agreed in writing.
- User will not use Block Solutions’ Marks unless obtaining Block Solutions’ prior consent. User will not misrepresent or embellish the relationship between Block Solutions and User (including by expressing or implying that Block Solutions may supports, sponsors, endorses, or contributes to User or User’s business endeavors).
Disclaimers Risk.
- EXCEPT TO THE EXTENT PROHIBITED BY LAW, OR TO THE EXTENT ANY STATUTORY RIGHTS APPLY THAT CANNOT BE EXCLUDED, LIMITED OR WAIVED, BLOCK SOLUTIONS AND ITS AFFILIATES AND LICENSORS (A) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICE OFFERINGS OR THE THIRD-PARTY CONTENT, AND (B) DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES (I) OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, (II) ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE, (III) THAT THE SERVICE OFFERINGS OR THIRD-PARTY CONTENT WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, AND (IV) THAT ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR ALTERED (C) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY PIECES OF INFORMATION CONCERNING THE TOKENS OR SOURCE CODE RATINGS REGARDLESS OF THE USER’S LOSSES..
- SERVICES RELY ON EMERGING AND EXPERIMENTAL TECHNOLOGIES, SUCH AS BLOCKCHAIN. SOME SERVICES ARE SUBJECT TO INCREASED RISK THROUGH YOUR POTENTIAL MISUSE OF THINGS SUCH AS PUBLIC/PRIVATE KEY CRYPTOGRAPHY. BY USING THE SERVICES USER EXPLICITLY ACKNOWLEDGE AND ACCEPT THESE HEIGHTENED RISKS.
Indemnification.
User will defend, indemnify, and hold harmless Block Solutions, its affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any Losses arising out of or relating to any claim concerning:
• breach of this Agreement or violation of applicable law by User; and
• a dispute between User and any of your customers or users.
- User will defend Block Solutions, its affiliates, and their respective employees, officers, and directors against any third-party claim alleging that any of User’s Content infringes or misappropriates that third party’s intellectual property rights, and will pay the amount of any adverse final judgment or settlement.
- In no event will a party agree to any settlement of any claim that involves any commitment, other than the payment of money, without the written consent of the other party.
Limitations of Liability.
- WITH THE EXCEPTION OF CLAIMS RELATING TO A BREACH OF OUR PROPRIETARY RIGHTS AS GOVERNED BY HEREBY TERMS OF USE, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EACH PARTY TOGETHER WITH ALL OF ITS AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY YOU HEREUNDER FOR THE SERVICES GIVING
- SUBJECT TO THE IMPERATIVE PROVISIONS OF POLISH LAW, IN NO EVENT WILL BLOCK SOLUTIONS OR ITS AFFILIATES HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY LOST PROFITS, REVENUES, GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT, EVEN IF A PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF A PARTY’S OR ITS AFFILIATES’ REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
Complains
- The User may lodge a complaint if the services specified in these Terms of Use are not performed by the Block Solutions or are performed not in compliance with the provisions of these Terms of Use.
- The User may submit a complaint by e-mail to the address [contact@tokenguard.io]. A complaint should include at least the e-mail address provided by the User in Account Information, a description of the reported objections and the expected manner of resolving the issue.
- The Block Solutions may request the complainant to supplement the complaint within a specified scope and deadline, if the Block Solutions deems it appropriate and necessary to clarify the matter. If the deadline expires without effect, the complaint cannot be considered and is dismissed. The act of summoning the User to supplement the complaint suspends the time limit for its examination. This provision is without prejudice to mandatory provisions of law, to the extent to which they grant broader protection to consumers.
- The Block Solutions shall consider the complaint within 14 days from the date of its receipt in its correct form, with the reservation that the Block Solutions may refuse to consider complaints submitted after the lapse of 30 days from the disclosure of reasons for the complaint.
- The response to a complaint shall be sent only to the e-mail address assigned to the User’s Account. In particularly justified cases the Block Solutions may send a reply to another e-mail address indicated by the complainant, which is not assigned to the Account of the user submitting the complaint.
Miscellaneous.
- User will not assign or otherwise transfer this Agreement or any of his rights and obligations under this Agreement, without Block Solutions’ prior written consent. Any assignment or transfer in violation of this Section 12.1 will be void. Block Solutions may assign this Agreement 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 this Agreement and we are fully released from all of our obligations and duties to perform under this Agreement. Subject to the foregoing, this Agreement will be binding upon, and inure to the benefit of the parties and their respective permitted successors and assigns.
- Neither party nor their respective affiliates will be liable for any delay or failure to perform any obligation under this Agreement 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.
- All communications and notices made or given pursuant to this Agreement must be in the English or Polish language.
- Block Solutions may provide any notice to User under this Agreement by: (i) posting a notice on the Site; or (ii) sending a message to the email address then associated with your Account. Notices we provide by posting on the Site will be effective upon posting and notices we provide by email will be effective when we send the email.
- User may provide any notice to Block Solutions according to the hereby Agreement, User must contact Block Solutions by following email contact@tokenguard.io.
- This Agreement shall be governed and construed in accordance with the laws of Poland.
- Any and all disputes arising or in connection with this Agreement shall be adjusted in a definitive by the court of competent jurisdiction for Block Solutions registered office.
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