Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY.
BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE
AND ALL TERMS INCORPORATED BY REFERENCE.
These Terms of Service and any terms expressly incorporated herein (“Terms”) apply
to your access to and use of all services (our “Services”) provided by INFURA and ConsenSys AG
(“Company,” “we,” or “us”).
You represent and warrant that you: (a) are of legal age to form a binding contract;
(b) have not previously been suspended or removed from using our Services; and (c)
have full power and authority to enter into this agreement and in doing so will
not violate any other agreement to which you are a party. If you are registering
to use the Services on behalf of a legal entity, you further represent and warrant
that (i) such legal entity is duly organized and validly existing under the applicable
laws of the jurisdiction of its organization, and (ii) you are duly authorized by
such legal entity to act on its behalf.
2. ACCOUNT REGISTRATION
Usage or access to our services may require an account consisting of a User ID and/or a
Password ("Account"). When
you create an Account, you agree to: (a) create a strong password that you do not
use for any other website or online service; (b) provide accurate and truthful information;
(c) maintain and promptly update your Account information; (d) maintain the security
of your Account by protecting your Account password and restricting access to your
computer and your Account; (e) promptly notify us if you discover or otherwise suspect
any security breaches related to your Account; and (f) take responsibility for all
activities that occur under your Account and accept all risks of any authorized
or unauthorized access to your Account, to the maximum extent permitted by law.
When you create an Account, we assign you an account identifier that you must retain
to access your Account.
3. DISCONTINUANCE OF SERVICES
We may, in our sole discretion and without liability to you, with or without
prior notice and at any time, modify or discontinue, temporarily or permanently,
any portion of our Services.
4. ASSUMPTION OF RISK
You acknowledge and agree that there are risks associated with utilizing an Internet-based
service including, but not limited to, the risk of failure of hardware, software
and Internet connections, the risk of malicious software introduction, and the risk
that third parties may obtain unauthorized access to information stored within your
Account. You acknowledge and agree that Company will not be responsible for any communication
failures, disruptions, errors, distortions or delays you may experience when using
the Services, however caused. Company takes no responsibility for and will not be
liable for any losses, damages or claims arising from the use of our Services, including,
but not limited to, any losses, damages or claims arising from (a) passwords being
"Bruteforced", (b) server failure or data loss, (c) forgotten passwords, (d) corrupted
wallet files, (e) incorrectly constructed transactions or mistyped Ethereum addresses;
or (f) unauthorized access to mobile applications, (g)"phishing," viruses, third-party
attacks or any other unauthorized third-party activities.
5. THIRD-PARTY SERVICES AND CONTENT
In using our Services, you may view content or utilize services provided by third
parties, including links to web pages and services of such parties (“Third-Party
Content”). We do not control, endorse or adopt any Third-Party Content and will
have no responsibility for Third-Party Content, including, without limitation, material
that may be misleading, incomplete, erroneous, offensive, indecent or otherwise
objectionable in your jurisdiction. In addition, your business dealings or correspondence
with such third parties are solely between you and the third parties. We are not
responsible or liable for any loss or damage of any sort incurred as the result
of any such dealings, and you understand that your use of Third-Party Content, and
your interactions with third parties, is at your own risk.
6. ACCEPTABLE USE
When accessing or using the Services, you agree that you will not violate any law,
contract, intellectual property or other third-party right or commit a tort, and
that you are solely responsible for your conduct while using our Services. Without
limiting the generality of the foregoing, you agree that you will not:
- Use our Services in any manner that could interfere with, disrupt, negatively
affect or inhibit other users from fully enjoying our Services, or that could damage,
disable, overburden or impair the functioning of our Services in any manner;
- Use our Services to pay for, support or otherwise engage in any illegal activities,
including, but not limited to illegal gambling, fraud, money-laundering, or terrorist
- Use any robot, spider, crawler, scraper or other automated means or interface
not provided by us to access our Services or to extract data;
- Use or attempt to use another user’s account without authorization;
- Attempt to circumvent any content filtering techniques we employ, or attempt to
access any service or area of our Services that you are not authorized to access;
- Introduce to the Services any virus, trojan worms, logic bombs or other harmful
- Develop any third-party applications that interact with our Services without our
prior written consent;
- Provide false, inaccurate, or misleading information; and
- Encourage or induce any third party to engage in any of the activities prohibited
under this Section.
7. COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated by us, all copyright and other intellectual property
rights in all content and other materials contained on our website or provided in
connection with the Services, including, without limitation, the Company or Company
logo and all designs, text, graphics, pictures, information, data, software, sound
files, other files and the selection and arrangement thereof (collectively, “Company
Materials”) are the proprietary property of Company or our licensors or suppliers
and are protected by copyright laws and other intellectual property rights laws.
We hereby grant you a limited, nonexclusive and non-sublicensable license to access
and use the Company Materials for your personal or internal business use. Such license
is subject to these Terms and does not permit (a) any resale of the Company Materials;
(b) the distribution, public performance or public display of any Company Materials;
(c) modifying or otherwise making any derivative uses of the Company Materials,
or any portion thereof; or (d) any use of the Company Materials other than for their
intended purposes. The license granted under this Section will automatically terminate
if we suspend or terminate your access to the Services.
“INFURA” the Company logo, and any other Company product or service names, logos
or slogans that may appear on our Services are trademarks of Company and may not
be copied, imitated or used, in whole or in part, without our prior written permission.
You will not use any trademark, product or service name of Company without our prior
written permission, including without limitation any metatags or other “hidden text”
utilizing any trademark, product or service name of Company. In addition, the look
and feel of our Services, including all page headers, custom graphics, button icons
and scripts, is the service mark, trademark and/or trade dress of Company and may
not be copied, imitated or used, in whole or in part, without our prior written
permission. All other trademarks, registered trademarks, product names and company
names or logos mentioned through our Services are the property of their respective
owners. Reference to any products, services, processes or other information, by
name, trademark, manufacturer, supplier or otherwise does not constitute or imply
endorsement, sponsorship or recommendation by us.
9. SUSPENSION; TERMINATION
In the event of any Force Majeure Event, breach of these Terms, or any other
event that would make provision of the Services commercially unreasonable for
Company, we may, in our discretion and without liability to you, with or without
prior notice, suspend your access to all or a portion of our Services. We may
terminate your access to the Services in our sole discretion, immediately and
without prior notice, and delete or deactivate your Account and all related
information and files in such account without liability to you, including, for
instance, in the event that you breach any term of these Terms.
10. DISCLAIMER OF WARRANTIES
(a) TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE
LAW, AND EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY US, OUR SERVICES
ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED
UNDER APPLICABLE LAW. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT
AS TO OUR SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.
(b) YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES
MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY
OF CAUSES, INCLUDING SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS,
INTERNET OUTAGES, FORCE MAJEURE EVENT OR OTHER DISASTERS, SCHEDULED OR UNSCHEDULED
MAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OUR CONTROL. YOU ARE SOLELY
RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU
STORE OR TRANSFER THROUGH OUR SERVICES.
11. LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE REQUIRED BY LAW, IN NO EVENT SHALL COMPANY, OUR DIRECTORS,
MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF
USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING
BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OF OR INABILITY TO USE OUR SERVICES OR THE COMPANY MATERIALS, INCLUDING
WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER
ON ANY INFORMATION OBTAINED FROM COMPANY, OR THAT RESULT FROM MISTAKES, OMISSIONS,
INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION
OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE
MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS
TO COMPANY’S RECORDS, PROGRAMS OR SERVICES.
You agree to defend, indemnify and hold harmless Company (and each of our officers,
directors, members, employees, agents and affiliates) from any claim, demand, action,
damage, loss, cost or expense, including without limitation reasonable attorneys’
fees, arising out or relating to
(a) your use of, or conduct in connection with,
(b) any Feedback you provide;
(c) your violation of these Terms; or
(d) your violation of any rights of any other person or entity.
13.1. Entire Agreement; Order of Precedence. These Terms contain the entire agreement,
and supersede all prior and contemporaneous understandings between the parties regarding
the Services. These Terms do not alter the terms or conditions of any other electronic
or written agreement you may have with Company for the Services or for any other
Company product or service or otherwise. In the event of any conflict between these
Terms and any other agreement you may have with Company, the terms of that other
agreement will control only if these Terms are specifically identified and declared
to be overridden by such other agreement.
13.2. Amendment. We reserve the right to make changes or modifications to these
Terms from time to time, in our sole discretion. Amended Terms will become effective immediately on the date they are posted to the
Services unless we state otherwise via our notice of such amended Terms. Any amended
Terms will apply prospectively to use of the Services after such changes become
effective. Your continued use of the Services following the effective date of such
changes will constitute your acceptance of such changes. If you do not agree to
any amended Terms, you must discontinue using the Services.
13.3. Waiver. Our failure or delay in exercising any right, power or privilege under
these Terms will not operate as a waiver thereof.
13.4. Severability. The invalidity or unenforceability of any of these Terms will
not affect the validity or enforceability of any other of these Terms, all of which
will remain in full force and effect.
13.5. Force Majeure Events. Company will not be liable for any loss or damage
arising from any event beyond Company’s reasonable control, including, but not
limited to, flood, extraordinary weather conditions, earthquake, or other act of
God, fire, war, insurrection, riot, labor dispute, accident, action of
government, communications, power failure, or equipment or software malfunction
(each, a “Force Majeure Event”).
13.6. Assignment. You may not assign or transfer any of your rights or
obligations under these Terms without prior written consent from Company,
including by operation of law or in connection with any change of control.
Company may assign or transfer any or all of its rights under these Terms, in
whole or in part, without obtaining your consent or approval.