Terms and Conditions
By using the services (as defined below) or the website, you, on behalf of any business enterprise or organization for which you intend to use the Stockchain services, websites or tools available through Stockchain, enter into this agreement between you, on behalf of your company, and Stockchain. Therefore you agree, on behalf of the company, that by using the services or signifying your acceptance will constitute legally binding electronic signature to this agreement. You acknowledge that prior to using the services or accepting and signing this agreement electronically, you received, read and understood this agreement.
All of the terms of this agreement, including terms referenced in this agreement, are part of this agreement. In addition, you represent that you are the age of majority or otherwise have permission from a legal guardian who can form a legally binding agreement under applicable law. You acknowledge that you have read this agreement, that you are authorized on behalf of your company to execute this agreement on your company’s behalf, and affirm that you intend to be legally bound by your company. If you do not agree, do not use the services, websites and tools.
Use of the Service
- If you subscribe to the Service on behalf of a business, you represent to Stockchain that you have the authority to bind that business and that your acceptance of this Agreement will be treated as acceptance by that business. You further agree that Stockchain may use the name and logo of that business on Stockchain’s website and other promotional material as a customer of the Service.
- As long as you comply with this Agreement, Stockchain grants you a limited, revocable, non-exclusive, non-assignable, non-sublicensable right to access and use the Service as it is intended to be used and in accordance with this Agreement and applicable law. In all instances where software provided by Stockchain is required to be installed on a system other than Stockchain’s, including your systems, such software is deemed to be a Service, and governed according to these Terms of Service, including all rights, obligations, restrictions and prohibited actions related thereto as stated herein. Stockchain grants you no other rights, implied or otherwise.
- You may not use the Service to disseminate any unlawful or other objectionable material, or to harm others or the Service itself. For example, you must not:
(i) use the Service to harm, threaten, or harass another person, organization, or Stockchain;
(ii) damage, disable, overburden, or impair the Service;
(iii) resell or redistribute any part of the Service or access to the Service, including the sale or purchase of an Account;
(iv) use or attempt to use any unauthorized means to modify, reroute, or gain access to the Service;
(v) use any automated process or service (such as a bot, a spider, periodic caching of information stored by Stockchain, or metasearching) to access or use the Service, or to copy or scrape data from the Service; or
(vi) obtain (or try to obtain) any data from the Service, except the data that we intend to make available to you.
- By using the Service, you grant Stockchain a worldwide, irrevocable, non-exclusive, royalty free license to use all material (including without limitation text, images and other visual material, hereafter referred to as the “User Content”) you upload or post to the Service. The content as given will not be shared with Third Parties except for the Parties as chosen by you. You hereby acknowledge that all content as posted to the Service is already publicly available.
- You may not upload or post to the Service or otherwise use in any way in connection with your use of the Service User Content which includes any text, images or other material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right. The burden of determining that any material is not protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from your violation of this prohibition. All trademarks and/or service marks displayed on the Service are the exclusive property of their respective owners, and may not be used without the owner’s permission.
- Stockchain does not claim ownership of the User Content. Although Stockchain reserves the right to edit or remove any User Content you upload or post to the Service, we do not control or verify the User Content that you upload or post to the Service, nor do we undertake to monitor the User Content uploaded or posted to the Service.
- You control who may access your User Content. When you give others access to your User Content on the Service, you grant them free, nonexclusive permission to use, reproduce, distribute, display, transmit, and communicate to the public such User Content solely in connection with the Service. If the User Content includes a photograph or other digital image, you also expressly waive any and all rights of privacy and publicity with respect to the image. If you do not want others to have those rights, do not use the Service to share your User Content.
- You are responsible for backing up the User Content that you store on the Service. We may permanently delete your User Content from the Service if your access to the Service is suspended or canceled. We do not have any obligation to return User Content to you after your access to the Service has been suspended or canceled. If User Content is stored with an expiration date, we may also delete the User Content as of that date. User Content that is deleted may be irretrievable.
- You agree that Stockchain is not responsible for any Product or Professional Service that is shown within the Service and originates from a source other than Stockchain. All matters concerning the Products or Professional Services offered by Third Parties, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Parties. We make no warranties or representations whatsoever with regard to any Products or Professional Services by Third Parties. You will not consider us (and we will not be construed as) a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions.
- All functionalities and features of the Service are paid functionalities (hereafter collectively referred to as “Functionalities”). You agree to pay the charge associated with the use of Functionalities within 30 days. We may suspend or cancel your access to the Service if we do not receive such charge on time. Suspension or cancellation of your access to the Service for nonpayment could result in a loss of access to and use of your Account, as well as loss of your User Content stored on the Service.
- To pay the charges for Functionalities delivered through the Service, you will receive a payment method by email at the time you sign up for such Functionalites. You can access and change your billing account information and payment method by changing your account information in your dashboard Stockchain. You agree to keep your billing account information current at all times. You acknowledge that to the extent you send account or payment information via the Services, the collection and use of such data may be governed by the terms of our third party payment processors.
- By issuing a payment to Stockchain with a payment method, you
(i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate;
(ii) authorize Stockchain to charge you for the Functionalites using your payment method; and
(iii) authorize Stockchain to charge you for the Functionalities. We will bill you in advance of each billing period and on a recurring basis. Typically, a billing period entails a month.
- Subscription to our Service is automatically renewed each billing period. The charge for each billing period is based on the Functionalities of the Service you use in combination with other factors including, but not limited to, the number of imported items, number of connections and number of shops. Calculation of the height of the charge is done automatically and can vary each billing period. More information on pricing can be found on http://getstockchain.com/pricing/. To stop your subscription, you must cancel the Functionalities before the billing date to avoid being billed for the renewal. If you cancel your recurring payment option, your account will remain active until its next renewal date. In case of such cancellation, you will not be given any refund. If you delete your account before the end of the period for which you paid, your cancellation will take effect immediately. In case of deletion of your account, you will not be given any refund.
- We will provide you with an invoice via email. We will later update the Service in such a way that you are able to view your invoices in your Account settings. If we make an error on your bill, you must tell us within 30 days after the error first appears on your bill. We will then promptly investigate the charge. If you do not tell us within that time, you release us from all liability and claims of loss resulting from the error and we will not be required to correct the error or provide a refund. If Stockchain has identified a billing error, we will correct that error within 30 days.
- When you use Functionalities from us, you agree that we may begin to provide Functionalities immediately. You will not be entitled to a cancellation or “cooling off” period, except if the law requires a cooling off period. Payment for Functionalities (whether these are transactions or subscriptions) is non-refundable.
- Stockchain may change the price of the Functionalities at any time and will notify you by email at least 30 days before the price change. This does not include the change in subscription because of the factors as stated in paragraph 17. If you do not agree to the price change, you must cancel and stop using the Functionalities before the price change takes effect. If there is a fixed term and price for your Functionalities offer, that price will remain in force for the term.
- You must pay for all reasonable costs we incur to collect any past due amounts. These include reasonable attorneys’ fees and other legal fees and costs, in event of default.
- If Stockchain owes you a payment, then you agree to accurately provide us with any information we need to get that payment to you within 14 days. You are responsible for any taxes and charges you may incur as a result of this payment to you. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may also reduce the payment to you without notice to adjust for any previous overpayment.
Intellectual Property Rights
- Stockchain owns and retains all proprietary rights to the Service and all associated copyrights, trademarks, brands, service marks, patents, object’s library, characters, props or other proprietary rights under law. All of the trademarks, service marks, brand and trade names and logos appearing on the Service are the proprietary intellectual property of the owners of such marks or names and you may not use, modify, remove or otherwise infringe any of such proprietary intellectual property. Stockchain shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Stockchain via its Website or Services or by any other means for any purpose whatsoever. When you submit any material or information protected by intellectual property rights (e.g., photos, videos, articles, etc.) to the Website or while using the Services, you represent, warrant and covenant to Stockchain that you have the necessary rights to copy and display such information.
If you believe that any Content or Services on this Website violates or infringes upon your intellectual property rights, please notify us immediately using our contact form in the footer of the website, please provide all specifics necessary for us to consider and respond to your complaint.
- By agreeing to use the Service you agree to receive newsletters, alerts, promotional and other emails from Stockchain. You may unsubscribe from these mailing lists as required by law via the Service.
Privacy and Security
Disclaimers of warranty
- PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
Stockchain does not warrant that the functional aspects of the service will be error free, or that the service will be constantly available, or available at all, or that transmission of data to / from the service will occur at any minimum speed or that the service or the servers that make it available are free of viruses or other harmful components. Stockchain does not warrant or represent that any content associated with or used in connection with the service is factual or error-free or that the use of such material will not infringe rights of third parties. Stockchain reserves the right to correct any errors on and in the service.
Without limiting the foregoing, you acknowledge and agree that everything associated with the service is provided “as is” and “as available” without warranty of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Stockchain makes no warranties about the accuracy, reliability, completeness or timeliness of the material contained on the service or results to be obtained from using the service. Except as otherwise specifically set forth herein, Stockchain does not make any representation about the quality of any product, services, information or other material purchased or obtained by you through use of the service.
Limitation of Liability
Third Party Links
- You may terminate your access to the Service at any time, with or without cause by sending notice of cancellation via email using the contact form in the footer of the website http://getstockchain.com. Upon any termination of your access to the Service: (i) your Account may be canceled and closed or suspended and your user identification code and password shall be deactivated; (ii) all User Content uploaded by you shall be removed from the Service;
- Cancelation of your Account shall not relieve you of any payment obligations that may have arisen prior to such termination, or any other obligations pursuant to any other agreement that has not been specifically terminated.
- Your use of the Service does not give you any authority to act as an agent, legal representative or employee of Stockchain or of any third party with whom Stockchain has a relationship, and you agree not to represent that you are otherwise.
Applicability of Other Terms
In addition to these Terms of Service, additional or different terms and conditions (“Other Terms”) may apply in connection with certain types of available features or Content. If applicable, these Other Terms will be set forth (i) where you are permitted to access such available features and Content, or (ii) in a link adjacent to where you are permitted to access such available features and Content. You should carefully review all Other Terms, as applicable, before accessing and using such available features and Content. These Other Terms are incorporated into and made a part of these Terms of Service by reference. In the event these Terms of Service directly conflict with the Other Terms, the Other Terms shall control with respect to the specifically conflicting subject matter.
If you have any questions about these Terms and Conditions or your dealings with the Stockchain website, you can contact us at using the contact form in the footer of our website http://getstockchain.com.