TrackCoin terms of use

2.1 In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Trackcoin certain personal information, such as your name, e-mail address, mobile phone number, IP address, country of residence and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Trackcoin’s termination of these TOU with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Trackcoin in writing, you may only possess one Account.

3.1 Your right to use the Services is a personal, restricted, non-exclusive, non-transferable, non-sublicensable, revocable, limited license, and it is subject to the limitations and obligations in these TOU.

3.2 Nothing in these TOU gives you any license (other than as set out in this paragraph), right, title, or ownership of, in, or to any of the Services, or Trackcoin’s copyrights or marks.

3.3 You have the right to share or otherwise make available to Trackcoin, by any means, market data, related data or any information including insights, trends, and other contents which will be treated by Trackcoin, in each case, as non-confidential. With regard to such contents, you grant to Trackcoin a perpetual, irrevocable, non-exclusive, fully paid, royalty-free, sublicensable and transferable (in whole or in part) worldwide right to use, copy, publish, modify, create derivative works from, and otherwise exploit such contents for any purpose whatsoever.

4.1 User will not access or use, or assist third parties to access or use, the Services in a way which circumvents or contravenes applicable laws or which may contradict the purposes or hinder the operations of the Services.

4.2 User will not use any Services to interfere with or subvert the rights or obligations of Trackcoin.

4.3 User will not falsify or materially omit any information or provide misleading or inaccurate information requested by Trackcoin in the course of, directly or indirectly relating to, or arising from the use of any Services, including at registration or during administration or other due diligence processes, and that if any information provided to Trackcoin becomes incorrect or outdated, User will promptly provide corrected information to Trackcoin;

4.4 Where User is subject to prohibitions or restrictions under this Agreement, User will not access any Services utilizing any virtual private network, proxy service, or any other third-party service, network, or product with the effect of disguising User’s IP address or location.

4.5 Trackcoin may address suspected or proven prohibited uses through an appropriate sanction, in its sole and absolute discretion.

5.1 If User is a natural person, User is 18 years of age or older and that User has the capacity to contract under applicable laws;

5.2 If User is a legal entity, that such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and that all persons using the Services on behalf of the legal entity are duly authorized by such legal entity to act on its behalf;

5.3 User fully understands the risks associated with using the Services, and that User has had the opportunity to seek legal, accounting, taxation and other professional advice regarding this Agreement;

5.4 User knows the prevailing industry practice and has concluded that the TOU are commercially reasonable as a general matter and specifically in light of such industry practice;

5.5 User has not received from Trackcoin any assurance or guarantee as to the expected results of Trackcoin’s obligations under this Agreement;

5.6 User is not prohibited or restricted from using the Services under applicable laws, or otherwise prohibited by applicable laws from using, or acting for the benefit of another person that is prohibited or restricted from using, the Services;

5.7 User is currently in compliance with, and must, at User’s own cost and expense, comply with all laws that relate to or affect the Services conducted under this Agreement;

5.8 All information that User has provided to Trackcoin is accurate, not misleading, up-to-date and User has not withheld any material information from Trackcoin;

5.9 User will not introduce or transmit any malicious software, virus or other harmful or surreptitious code into Trackcoin’s App;

5.10 User will promptly inform Trackcoin if User knows or has reasons to know that any of the foregoing representations and warranties no longer is correct or becomes incorrect.

5.11 User fully understands and has significant experience of crypto-assets, blockchain systems and services and associated risks. User further acknowledges that crypto-asset trading markets are extremely volatile and shift quickly in terms of liquidity, market depth, and trading dynamics and that crypto-assets are not suitable for persons who do not have the relevant knowledge and/or experience.

5.12 User is aware of the risks related to the trading of crypto-assets, for which User is solely responsible and liable and that Trackcoin does not recommend, suggest or incentivize the purchase or sale of any crypto-asset at any particular time.

7.1 You have the option to pay: (i) a one-off discounted fee for an annual subscription; or (ii) on a monthly basis. Details of the applicable fees are set out in our Fee Schedule.

7.2 Tax rates are calculated based on the information you provide and the applicable rate at the time of your monthly charge.

7.3 Payment must be made immediately, through your mobile application store.

7.4 Your payment to Trackcoin will automatically renew at the end of the applicable subscription period, unless you cancel your subscripution before the end of the then-current subscription period. Contact our Customer Support team at contact@gavekal-is.com for instructions on how to cancel. The cancellation will take effect the day after the last day of the current subscription period. We do not provide refunds or credits for any partial subscription periods.

9.1 In no event will Trackcoin, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for any loss or damages, including without limitation, direct, indirect, special, consequential, or punitive loss or damages, arising from or related to your use of the Services, whether in an action of contract, tort or otherwise, and regardless of whether such damages were foreseeable and whether or not Trackcoin was advised of the possibility of such damages.

9.2 Without limiting the generality of the foregoing, Trackcoin takes no responsibility for and will not be liable for any financial or other loss or damages arising from or related to the use of the Services, including, without limitation, to any of the following: (i) shutdown, malfunction, or other technical failure; (ii) data loss; (iii) unavailability, incorrectness, incompleteness, inaccuracy, unreliability, non-up-datedness of the Services or of third party data, information, insights, analysis or other contents, services, or goods that may be linked to the Services; (iv) delays, errors, or interruptions in the transmission or delivery of the Service (v) “phishing” or other websites masquerading as Trackcoin; or (vi) loss of business or goodwill.

9.3 Trackcoin takes no responsibility for decisions, actions or losses resulting from your use of the Services. Trackcoin does not warrant or make any representations regarding the use or the results of the use of the Services in terms of their correctness, completeness, accuracy, reliability, up-datedness or otherwise.

9.4 Services provided by third parties may be integrated with the Services; in general, such third parties take no responsibility for the Services and will not be liable for any loss or damages caused by the Services; You expressly agree to release such third parties as well as their directors, officers, employees, contractors, agents, partners, and attorneys from any and all losses and to indemnify and hold them harmless from and against all losses. In such circumstances, Trackcoin’s liability will be limited according to the provisions of these TOU.

9.5 In no event will the aggregate liability of Trackcoin, arising out of or related to these TOU and/or the Services, exceed the amount paid by you, if any, for using the Services.

9.6 Any information in these TOU is given for general information purpose only and Trackcoin does not provide with any warranty as to the accuracy and completeness of this information.

9.7 The limitations of liability set out above will not be applicable in the event that Trackcoin, or a Trackcoin-employee has caused the damage by intentional misconduct or by gross negligence.

13.1 The Services are protected by copyright, trademark, trade secret, and other intellectual property or proprietary rights laws in various jurisdictions. All rights not expressly granted to you in these TOU are reserved by Trackcoin or its licensor(s). Except as expressly authorized by Trackcoin, you will not (i) license, sublicense, rent, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any person all or any part of the Services in any way; (ii) copy, modify, republish, distribute, or make derivative works based upon all or any part of the Services; (iii) “frame” or “mirror” all or any part of the Services on any other server or wireless or Internet-based device; or (iv) reverse engineer or access all or any part of the Services in order to (a) build a competitive product or service, (b) build a product or service using similar ideas, features, functions, or graphics of all or any part of the Services, or (c) copy any ideas, features, functions, or graphics of all or any part of the Services. You will not use, resell, transfer, distribute, or dispose of any data or information contained in the Services in any manner that could compete with the business of Trackcoin.

13.2 You acknowledge and agree that Trackcoin retains all rights, title, and interest in and to all copyrights, trademarks, trade secrets, patents, and any other proprietary rights in the Services, the software and application programming interfaces (APIs) comprising the Services, and all content therein. You acknowledge and agree that “Trackcoin”, its trademark, service mark, logo and graphics are the registered trademarks or trademarks of Trackcoin.

13.3 You agree to protect the proprietary rights of Trackcoin and all others having rights in the Services during and after the term of this agreement and to comply with all reasonable written requests made by Trackcoin to protect its and others’ rights in the Services.