Terms & Conditions
Cronos ID Notification Service Terms of Use
Last update: 10th January 2024
These terms of use (“Terms”) govern your access to and use of all content, services, tools, materials or other types of content available via the Cronos ID Notification Service on https://cronosid.xyz/ (the “Site”, and collectively the “Services”).
By accessing or using the Services in any way, including without limitation to visiting the Site, and/or connecting your decentralised wallet (“Wallet”) to the Services, you represent that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, then you may not access or use the Content or Services.
Definitions
“Applicable Law” means any law, rule, statute, subordinate legislation, regulation, by-law order, ordinance, protocol, code, guideline, treaty, policy, notice, direction or judicial, arbitral, administrative, ministerial or departmental judgement, award, decree, treaty, directive, or other requirement or guideline published or in force at any time which applies to or is otherwise intended to govern or regulate any person (including all parties to this Terms), property, transaction, activity, event or other matter, including any rule, order, judgement, directive or other requirement or guideline issued by any governmental or regulatory authority.
Eligibility
We have the sole and absolute discretion to determine access to the Services. By agreeing to these Terms, you represent and warrant that:
You are at least 18 years of age, or the minimum age required in your jurisdiction of residence to have the necessary legal capacity, right, power and authority to accept these Terms;
You have the full right, power, and authority to agree to these Terms;
You are not impersonating any other person;
You will not use the Services if any Applicable Laws in your country prohibit you from doing so in accordance with these Terms;
You are compliant with all Applicable Laws to which you are subject to; and
You have read, understood and agreed to these Terms or otherwise any other documents we have presented to you on the Site.
The Services
The Service allows you to (i) as a channel owner, integrate your decentralised application (“DApp(s)”) with the Service to allow users of your DApp to receive notifications and/or; (ii) as a subscriber of a channel, to receive notifications from your chosen DApps.
Channels and subscribers/users interact directly in a peer to peer manner via the Service (for example, notifications are sent directly from each channel to the subscriber), and we are not, under any circumstances, a party or intermediary to that process.
We may in our absolute and sole discretion change, update, amend, remove, or discontinue any or all parts or features of the Site and/or Services at any time without prior notice to you. It is your responsibility to check these Terms periodically for changes. Your continued use of the Site or Services following any such changes will mean that you accept and agree to such changes. We will not be liable if for any reason all or any part of the Site or Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to any users.
Your use of the Service
Subject to these Terms, we grant you a limited licence to access and use the Services for the sole purpose using the Services for your personal or internal business purposes and solely in accordance with the functionality of the Services.
You shall not access, use, download or install any software (including without limitation any SDK, API, or API key) that may be made available to you as part of the Service without our permission. Any redistribution of such software is prohibited.
If you are a channel owner, the content of the notifications will be created by you and presented to the subscriber/user of your channel/DApp in a variety of ways including images, data, text, messages, video or audio (collectively, the "User Content”). All User Content created by you is solely your responsibility and you must evaluate and bear all risks associated with the use and distribution of any of your User Content. You acknowledge that all User Content is the sole responsibility of the party from whom such User Content originated. That means that you, and other users of the Services, and not us, are responsible for all User Content.
In no circumstances shall the Site or the Services be utilised for distributing User Content relating to: (a) investment products, financial transactions or payment services, (b) gambling, lottery, sweepstakes or contests, (c) racism, (d) violence and weapons, (e) self-harm, (f) nudity, pornography or sexual services, (g) illegal substances, (h) terrorism (i) emergency calling or messaging to any emergency services personnel or public safety answering points or (j) malicious programs, viruses, Trojan horses and worms.
While using the Site and/or the Services, you agree not to:
restrict or inhibit any other user from using the Site or the Services or the User Content, including without limitation, by means of "hacking” or defacing any portion of the Site or Services;
use the Site, the Services or User Content for any unlawful purpose or in any manner not intended by us or as contemplated herein and on the Site or the Services;
engage in rude, unlawful, harassing, vulgar, obscene, hateful, threatening, abusive or otherwise objectionable behaviour;
institute an attack upon any server used in connection with the Site or the Services or any portion thereof or otherwise attempt to disrupt such servers;
express or imply that any statements you make are endorsed by us, without our prior express written consent;
knowingly transmit: (i) any content or information that is unlawful, fraudulent, threatening, abusive, libellous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (ii) any material, non-public information about companies without the authorization to do so; (iii) any trade secret of any third party; or (iv) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication;
engage in spamming or flooding;
transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
modify, adapt, sublicense, translate, reverse engineer, decompile or disassemble all or any portion of the Site or the Services;
remove, alter, conceal any copyright, trademark, patent or other proprietary rights notices contained in the Site or the Services;
link the Site or the Services or any User Content thereon to any third party website or portion thereof;
use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site or the Services or its contents; or
harvest or collect information about users of the Site or the Services without their express consent.
Limitation of Services / Termination
We reserve the right, without notice and in our sole discretion, to terminate or suspend your access to or use of the Service and the Site at any time and for any reason but in particular, if we suspect in our sole discretion that: (i) you are using the Service or is suspected to have used the Service for illegal activity; (ii) you have or we suspect that you have engaged in fraudulent activity; and/or (iii) you have or we suspect that you have engaged in activity in violation of these Terms.
We reserve the right at all times to disclose any information as it deems necessary to satisfy any Applicable Law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at our sole discretion.
We may, but are not obligated to, monitor or review the Services and User Content at any time. Without limiting the foregoing, we shall have the right, in our sole discretion, to remove any of your User Content for any reason (or no reason), including if such User Content violates these Terms or any Applicable Law. Although we do not generally monitor user activity occurring in connection with the Services or User Content, if we become aware of any possible violations by you of any provision of these Terms, we reserve the right to investigate such violations, and we may, at our sole discretion, immediately terminate your license to use the Services, or change, alter or remove your User Content, in whole or in part, without prior notice to you.
Fees and Taxes
You elect to purchase any Service in connection with which we charge fees (“Fees”), you agree that you will pay us all such Fees as set forth at our then-current standard rates. You agree that: (i) all Fees are non-cancellable, non-refundable, and non-recoupable; and (ii) all invoices for Fees are due and payable in $CROID (or an alternative currency or cryptocurrency to be agreed-upon by the parties in writing) immediately, without deduction or setoff. We reserve the right, without notice and in our sole discretion, to amend any Fees at any time and for any reason.
You agree that you are solely responsible for determining what, if any, taxes apply to your transactions on the Site. Neither Cronos ID nor any other Cronos ID affiliated entity is responsible for determining the taxes that may apply to your transactions.
Intellectual Property Rights
Except with respect to any User Content that you make available, you agree that we and our licensors own all rights, title and interest in and to the Site and the Services, and that all content and other materials contained therein, including, without limitation, the Cronos ID logo, and all designs, text graphics, pictures, information, data, software, and files relating to the Cronos ID Notification Service (the “Content”) are the proprietary property of Cronos ID or our affiliates, licensors, or users, as applicable. All rights reserved. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any Services. You may not copy, imitate or use, in whole or in part, the Content without our prior written permission.
We do not claim ownership of User Content. However, when you register your wallet and/or publish User Content on or in the Services, including without limitation to use the software to initiate or facilitate the transmission of any notification, you represent that you own and/or have, and have all rights necessary to grant to us and do hereby grant to us , a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in User Content.
Interactions with other users
You are solely responsible for your interactions with other users (whether they be users of the Service and/or subscribers/users of a channel) and any other parties with whom you interact; provided, however, that we reserve the right, but have no obligation, to intercede in such disputes. You agree that we will not be responsible for any liability incurred as the result of such interactions.
Links to third party sites
The Services provide, or third parties may provide, links to other World Wide Web or accessible sites, applications or resources. Because Cronos ID has no control over such sites, applications and resources, you acknowledge and agree that Cronos ID is not responsible for the availability of such external sites, applications or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Cronos ID shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
We reserve the right and without liability to you to do the following at any time in our sole discretion and without notice to you: update, change, remove, cancel, suspend, disable or restrict access to or discontinue the Services, User Content or change any features, component or content of the aforementioned or; decline, suspend, cancel, reverse, void or partially execute any instruction; or reverse, cancel, clawback, change any terms or refuse to honour any payment or rewards (if applicable).
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, THE SITE, THE SERVICE, OR THIRD PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF THE SITE, SERVICE OR THIRD-PARTY SITES AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE ACCESS AND USE OF THE SITE, THE SERVICE OR ANY PRODUCT OR SERVICES PURCHASES ON THE SITE (IF APPLICABLE) EXCEED US$100. THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR ANY INJURY CAUSED BY OUR FRAUD OR FRAUDULENT MISREPRESENTATION.
Indemnification
To the fullest extent permitted by Applicable Law, you agree to indemnify, defend and hold harmless us, our affiliates and past, present and future employees, officers, directors, contractor, third-party, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively the “Cronos ID Parties”), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (i) your use or misuse of the Site, Services or User Content, (ii) your breach of these Terms, and (iii) your breach or violation of the rights of a third party, including another user or third party service provider. You agree to promptly notify us of any Claims and cooperate with Cronos ID Parties in defending such Claims. You further agree that Cronos ID Parties shall have control of the defence or settlement of any Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES THAT MAY BE SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND US.
Miscellaneous
Amendment and Variation. These Terms may from time to time be updated or amended. Such updates and/or amendments will take effect immediately unless otherwise indicated. We will post any such updates on the Site. You should regularly check the Site to inform yourself of any such changes. In addition, we may at any time change, add or remove any feature or functionality of the Site without prior notice. By continuing to use the Services and/or the Site after any such changes have taken effect, you are indicating your acceptance of the updated or amended Terms as well as your acceptance of the updated Site. If you do not wish to be bound by any changes or amendments to these Terms then you should stop using the Services and Site immediately.
Transfer, Assignment or Delegation. These Terms, and any rights and obligations and licences granted hereunder, are limited, revocable, non-exclusive and personal to you and therefore may not be transferred, assigned or delegated by you to any third-party without our prior written consent, but may be transferred, assigned or delegated by us without notice and restriction, or to any successor in interest of any business associated with the Cronos ID Notification Service. Any attempted transfer or assignment in violation hereof shall be null and void.
Severability. If any provision of these Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of these Terms and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. Such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any Applicable Laws.
Entire Agreement / Translation. These Terms (together with our Protected Domains Policy, Community Guidelines and any other documents relevant to our Service) constitute the entire agreement between the parties regarding its subject matter and supersedes and invalidates all other prior representations, arrangements, understandings, and agreements relating to the same subject matter, (whether oral or in writing, express or implied). Each party acknowledges that in agreeing to these Terms it does not rely on any statement, representation, warranty, or understanding other than those expressly set out in these Terms. These Terms are concluded in the English language and all communications including any notices or information being transmitted shall be in English. In the event that these Terms or any part of it is translated (for any proceedings, for your convenience or otherwise) into any other language, the English language text of these Terms shall prevail.
Waiver. You understand and agree that if you have a dispute with one or more users (whether they be users of the Services or subscribers/users of a channel), YOU RELEASE US FROM CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IN ENTERING INTO THIS RELEASE YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOUR AT THE TIME OF AGREEING TO THIS RELEASE. Notwithstanding the foregoing, these Terms shall not be waived in whole or in part except where agreed by the parties in writing. The delay of enforcement or the nonenforcement of any of the terms of these Terms by any party shall not be construed as a waiver of any of the other rights of that party arising out of the breach or any subsequent breach of any of these Terms and no right, power or remedy conferred upon or reserved for any party in these Terms is exclusive of any other right, power or remedy available to that party and each such right, power or remedy shall be cumulative.
Third Party Rights. Other than the entities within the Cronos ID group, a person who is not a party to these Terms has no right to enforce any of these Terms.
Survival. All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, section 5 (Limitation of Services/Termination/Account Closure), section 6 (Fees and Taxes), section 7 (Intellectual Property Rights), section 8 (Interaction with other users), section 11 (Disclaimers), section 12 (Limitation of Liability), section 13 (Indemnification), this section 14 (Miscellaneous), and section 15 (Governing Law and Jurisdiction).
Governing Law and Jurisdiction
These Terms are governed by and shall be construed in accordance with the laws of Hong Kong without regard to any choice or conflict of laws rules. Any dispute, controversy or claim, whether contractual or non contractual, arising out of or in connection with these Terms, or the breach, termination or invalidity thereof, or any other issue which shall arise in virtue of these Terms, shall be referred to and finally settled by arbitration administered by the Hong Kong International Arbitration Centre (“HKIAC”) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be Hong Kong law. The seat of arbitration shall be in Hong Kong. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in the English language.