Blockpour Terms of Service
Last Updated: 20 July 2023
These Terms of Service and any terms expressly incorporated herein (the “Terms”) apply to your access to and use of all websites, platforms, apps and services provided by Blockpour Pte. Ltd. (a company incorporated in the Republic of Singapore, defined hereinafter as the “Company”, ”Blockpour”, “we”, or “us”) and any of our other subdomains and affiliates at https://www.blockpour.com and app.blockpour.com (the “Service”).
The Service provided by Blockpour allows users to access and analyze decentralized data across multiple ecosystems. These Terms apply to all visitors, users and others who access or use the Service, and may apply to you individually, the business or other legal entity user you represent, or both. If you are entering into these Terms, or using the Service, on behalf of a company or other legal entity, you hereby represent and warrant that you have the authority to enter into these Terms on behalf of such entity. You also confirm that you are 18 years old or over or otherwise of the age of majority in the jurisdiction in which you reside.
By ordering, accessing, registering for or using the Service, you: (1) acknowledge that you have read and understand these Terms; (2) agree to be bound by them in their entirety, and (3) are entering into a legally binding agreement with us. As used in these Terms and unless separately identified as applicable to either an individual or entity, “you” and “your” refer to both you individually and the entity on behalf of which you are entering into these Terms. In the event you have entered into a separate written agreement with us regarding the Service that contemplates terms that are inconsistent with these Terms, the written agreement shall control and these Terms will not apply to you to the extent inconsistent with such written agreement, or, if such written agreement is contemplated to be in lieu of these Terms, then these Terms shall not apply at all.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SERVICE. YOUR USE OF OUR SERVICE REQUIRES YOUR ACCEPTANCE OF THESE TERMS AS THEY MAY BE AMENDED FROM TIME TO TIME, INCLUDING THE POLICIES INCORPORATED BY REFERENCE HEREIN.
Questions about these Terms should be addressed to [email protected].
1. Access to and use of the Service
To access the premium services, you must create a user account. You are solely responsible for maintaining the confidentiality and security of your account information, including your login credentials and password.
Blockpour is committed to continually enhancing the Service by introducing new features and functionality. As such, we reserve the right to modify, remove, or replace any existing features and functionalities at our discretion, without prior notice.
2. Subscription, Payment, Billing, and Refund
By subscribing to our premium services, you agree to pay the applicable subscription fees as set forth on our website either at monthly or annual frequency. Unless otherwise denoted, all fees are assessed in U.S. dollars. Your selected payment method will be charged automatically on a recurring monthly or annual basis. Your subscription will be renewed automatically, and you will be charged in advance of each billing cycle unless you cancel. Subscription fees may change over time, and we may offer promotional rates, referral discounts, or discounted fees for annual purchases as compared to monthly plans. The specific details of any promotional or discount offers will be communicated to you at the time of your subscription.
When cancelling a monthly subscription, all future charges associated with future months of your subscription will be cancelled. You may notify us of your intent to cancel at any time; your cancellation will become effective at the end of your current monthly billing period. You will not receive a refund. However, your subscription access and/or delivery and accompanying subscriber benefits will continue for the remainder of the current monthly billing period.
When cancelling an annual subscription, all future charges associated with the future years of your subscription will be cancelled. You may notify us of your intent to cancel at any time; your cancellation will become effective at the end of your current annual billing period. You will not receive a refund, prorated or otherwise, for the remainder of the annual term. However, your subscription access and/or delivery and accompanying subscriber benefits will continue for the remainder of the current annual billing period.
Promotional Discounts & Introductory Offers
From time to time, we offer introductory pricing at a reduced rate for a specified period of time (the “Introductory Offers”). Introductory Offers can only be redeemed by subscribers who meet certain criteria that are designated by us at our sole discretion from time to time. If you do not qualify for an Introductory Offer, we reserve the right to reject your order to reflect current subscriber pricing. We may determine your eligibility for an Introductory Offer at any time without prior notice and with no liability, to the extent permitted under applicable law.
For all Introductory Offers, we will require you to provide payment details to start a subscription to some or all of the Services. By providing such details you agree that we will automatically charge the full price of the relevant Services on the first day following the end of the relevant Introductory Offer on a recurring monthly basis or another interval that we disclose to you in advance. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL YOUR SUBSCRIPTION BEFORE THE END OF THE INTRODUCTORY PERIOD BY CONTACTING US. IF YOU RECEIVED YOUR INTRODUCTORY OFFER THROUGH A THIRD PARTY, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH THE THIRD PARTY.
We may also offer trial periods for our premium services, typically lasting seven (7) days. However, trial periods may vary in length based on promotions and marketing campaigns. You acknowledge that trial periods are subject to change at our discretion.
You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered through the Service by Blockpour or by any other vendor or service provider. All fees and charges shall be billed to you, and you shall be solely responsible for their payment. You shall pay all applicable taxes relating to the use of the Service through your account, and the purchase of any other products or services. Certain portions of the Service or the Service as a whole may require a prepaid fee, which may be modified from time to time in Blockpour’s sole discretion. All prepaid fees, taxes, and other fees related thereto will be paid by you in advance. If a prepaid fee is required, in no event will you receive any portions of the Service or the Service as a whole unless Blockpour receives all fees and charges payable by you, or unless otherwise agreed by Blockpour.
Cancellation & Refund Policy
Subscription fees are generally non-refundable. However, we may, at our sole discretion, consider refund requests on a case-by-case basis. To be eligible for a refund, you must submit a written request to [email protected] detailing the reasons for your dissatisfaction with the Service within 30 days of your purchase. We reserve the right to approve or deny refund requests at our sole discretion. Any such refund may be made in the form of cash or credits. Even if we do issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.
3. Account Registration & Termination, and Data Retention
As part of the registration and account creation process necessary to obtain access to certain portions of the Service, including those portions that require a fee or payment for access, you will select a username and a password. You will provide us with certain registration information, all of which must be accurate, truthful, and updated. You shall not: (i) select a username already used by another person; (ii) create an account for anyone other than yourself without permission; (iii) use a username in which another person has rights without such person’s authorization; or (iv) use a username or password that we, in our sole discretion, deem offensive or inappropriate. We reserve the right to deny creation of your account based on our inability to verify the authenticity of your registration information. You shall be solely responsible for maintaining the confidentiality of your password. You shall immediately notify us of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.
You are fully responsible for all usage and activity on your account, including, but not limited to, use of the account by any third party authorized by you to use your username and password. You agree you will not sell, transfer or assign your subscription or any subscription rights. If the computer system on which you accessed the Service is sold or transferred to another party, you warrant and represent that you will delete all cookies and software files obtained by or through use of the Service. We reserve the right to terminate your account, in our sole discretion, at any time without notice. If we disable your account, you agree that you will not create another one without our permission. You also agree that you will not use any virtual private network (or VPN) software or any other privacy or anonymization tools or techniques to circumvent, or attempt to circumvent, any restrictions that apply to the Service.
You are solely responsible for properly configuring and using the Service and otherwise taking appropriate action to secure, protect, and backup your accounts and/or your data in a manner that will provide appropriate security and protection, which might include use of encryption. If you are not able to be responsible for your own account security, or do not want such an obligation, you should not use the Service.
As a user, you may terminate your account at any time by accessing the profile section of your account and selecting the appropriate option to terminate your account. Upon termination, your access to the premium services will cease, and you will no longer be billed for any future subscription fees.
You are responsible for all charges incurred up to the time the account is terminated. Notwithstanding anything else herein, we reserve the right to pursue any and all claims against any user of your account. You agree to maintain only one account with the Service at any time and certify that you currently have no other account(s) with the Service.
We use Stripe as our payment processor, which retains your payment data. We do not store your payment data on our systems. The only data we store is your email address and usage patterns. Upon termination of your account, we will delete your email address and usage data in accordance with our data retention policies and applicable Singapore law.
4. API Use
We allow certain users who have subscribed to our premium services to access the Service through our application programming interfaces (the “APIs”). The following terms govern any such use of our APIs when you are accessing the Service:
- We impose a limit on the number of API calls that you can make in a given time period depending on the type of subscription for the Service that you may have. We may in our sole discretion reduce, add, or remove such limits at any time in our sole discretion, although we will use commercially reasonable efforts to notify you of any changes to any such API call limits.
- We may monitor your usage of our APIs to ensure compliance with the API call limits that we impose from time to time. We may use various tools and techniques to monitor your usage, including but not limited to log analysis, IP address tracking, and third-party services. We reserve the right to suspend or terminate your access to the one or more APIs if we reasonably believe that you have abused the use of our APIs, such as by making excessive or unauthorized API calls, attempting to circumvent the API call limits we imposed, or using the APIs for purposes that violate applicable laws or regulations.
- You agree that in the case where you have exceeded the API call limit we imposed in relation to your subscription for the Service, overages may apply and will be charged at a rate equivalent to the price per API call for your subscription at the time the overages occur. Any such overage charges will be calculated and billed separately from your main invoice. We also reserve the right to suspend or terminate your access to the APIs and/or the Service if any such overage charges are not paid in a timely manner.
5. Acceptable Use
You agree to use the Service in accordance with applicable laws and regulations, and in accordance with these Terms. You may not use the Service for any illegal purpose, for the facilitation of the violation of any law or regulation, or in any manner inconsistent with these Terms. When you obtain information through the use of the Service and such information is shared, presented or utilized in any way outside of the Service, which does not involve the exploitation of the Service and prior consent as specified in this Section, you are required to reference Blockpour as its source and include a direct link to the relevant query(ies), display(s), chart(s), graph(s), dashboard(s) and any other output of the Service.
You agree that you will not:
- Distribute, redistribute, sell, resell, license, or in any other way exploit any portion of the Service, use of the Service, or access to the Service without our express prior consent;
- Modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with us or the Service;
- Share, recompile, decompile, disassemble, reverse engineer, or make or distribute any other form of, or any derivative work from the Service;
- Use the Service, directly or indirectly, in any manner that could cause the Service so used to (i) be a substitute for the Service by a third party, (ii) affect our ability to realize revenue in connection with the Service, or (iii) compete with our business;
- Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Service or to extract data;
- Interfere with nor attempt to interfere with nor otherwise disrupt the proper working of the Service, any activities conducted on or through the Service or any servers or networks connected to the Service;
- Violate the security of the Service or attempt to gain unauthorized access to the Service, data, materials, information, computer systems or networks connected to any server associated with the Service, through hacking, password timing or any other means;
- Impose or may impose an unreasonable or disproportionately large load or burden on the Service or the infrastructure of the Service;
- Obtain nor attempt to obtain through any means any materials or information on the Service that have not been intentionally made publicly available either by public display on the Service or through accessibility by a visible link on the Service;
- Store or use data or content in an archival file site, database or other searchable repository except as expressly permitted by these Terms or with prior written consent; and
- Use or attempt to use another user’s account without authorization.
You further agree that you will not input, distribute, upload, post, email, transmit or otherwise make available any content through the Service that: (i) is promotional in nature, including solicitations for funds or business, without the prior written authorization of Blockpour, or constitutes junk mail, spam, chain letters, pyramid schemes or the like; (ii) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (iii) you do not have the right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (iv) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (v) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or telecommunications equipment; (vi) is harmful to minors; or (vii) constitutes the personally identifiable information of any other person that such person has not authorized you to disclose.
UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE SERVICE IS STRICTLY PROHIBITED. We reserve the right to at any time determine whether a use of the Service is in violation of these Terms or fails to comply with acceptable use (see the “Termination of Use” section below).
6. Third-party Links
The Service may contain content or links to third-party websites or services, goods, or advertisements (the “Third-Party Sites”) that are not owned or controlled by us. Our provision of links to Third-Party Sites does not imply any affiliation, partnership, or endorsement of any information, product, or service offered on or reached through such Third-Party Sites.
Blockpour is not responsible for the availability, content, or accuracy of other websites, services, or goods that may be linked to or advertised on the Service. Blockpour does not: (a) make any warranty, express or implied, with respect to the use of the links provided on or to the Service; (b) guarantee the accuracy, completeness, usefulness, or adequacy of any other websites, services, goods, or advertisements that may be linked to the Service; or (c) make any endorsement, express or implied, of any other websites, services, goods, or advertisements that may be linked to the Service.
You acknowledge and agree that we shall not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services. If you decide to leave this site and access the Third-Party Sites, you do so at your own risk, and you should be aware that our terms and policies no longer govern. You are responsible for and we advise you to read the terms of service and privacy policies of any third-party websites or services you visit.
7. Planned Maintenance, Delays, and Service Failures
We may temporarily suspend the Service from time to time for maintenance. We do not warrant any level of Service availability. We will make best efforts to limit the impact of any planned maintenance on the availability of the Service and endeavor to provide users with prior notice of any planned maintenance, where possible, to minimize inconvenience.
Further, the Service may be subject to unavailability for a variety of factors beyond our control including emergencies, third-party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and may be interrupted, limited or curtailed. Delays or omissions may occur and actual service coverage, speeds, locations and quality may vary. We are not responsible for data, messages or pages lost, not delivered, delayed or misdirected because of interruptions or performance issues with the Service or communications services or networks. We may impose usage or Service limits, suspend the Service, or block certain kinds of usage in our sole discretion to protect users or the Service. The accuracy and timeliness of data received is not guaranteed.
8. Intellectual Property
We retain all rights to all elements of the Service, including but not limited to copyrights, trademarks, patents, concept, design, know-how, and all other intellectual property rights, in all content and other materials on our website or provided in connection with the Service. The Service, and all of the content it contains, or may in the future contain, including but not limited to text, content, photographs, video, audio and graphics, goods, designs, information, applications, software, music, audio files, articles, directories, guides, photographs as well as the trademarks, service marks, trade names, trade dress, copyrights, logos, domain names, code, patents and/or any other form of intellectual property that relates to the Service, are owned by or licensed by Blockpour or other third parties and are protected from any unauthorized use, copying and dissemination by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of Singapore and other countries. The Service is also protected as a collective work or compilation under Singapore copyright and other laws and treaties. All individual modules, data sets, analytical tools and other elements making up the Service are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service.
You acknowledge that the Service has been developed, compiled, prepared, revised, selected, and arranged by Blockpour and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of Blockpour and such others. You agree to protect the proprietary rights of Blockpour and all others having rights in the Service during and after the term of these Terms and to comply with all reasonable written requests made by Blockpour or its suppliers and licensors of content, equipment, or otherwise to protect their and others’ contractual, statutory, and common law rights in the Service. You agree to notify Blockpour in writing promptly upon becoming aware of any unauthorized access or use of the Service by any individual or entity or of any claim that the Service infringes upon any copyright, trademark, or other contractual, statutory, or common law rights.
All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service (the “Intellectual Property Rights”) shall, as between you and Blockpour, at all times be and remain the sole and exclusive property of Blockpour. All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to Blockpour for its exclusive use. Except as specifically permitted by these Terms, you may not copy or make any use of the Service or any portion thereof. Except as specifically permitted herein, you shall not use the Intellectual Property Rights or the Service, or the names of any individual participant in, or contributor to, the Service, or any variations or derivatives thereof, for any purpose, without Blockpour’s prior written approval.
Unless with Blockpour’s written consent, you also may not use any of the trademarks, trade names, service marks, copyrights, or logos of Blockpour in any manner which creates the impression that such items belong to or are associated with you or are used with Blockpour’s consent, and you acknowledge that you have no ownership rights in and to any of such items.
You are granted a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Service for personal use and internal business-related, research, and general awareness purposes only, subject to compliance with these Terms. You have no other license or usage rights to the Service beyond what is explicitly stated in these Terms, and any commercial use or distribution of the Service or the contents of the Service is prohibited.
By providing us with any suggestion, enhancement request, recommendation, correction, or other feedback in relation to the Service (if any), you grant us a worldwide, perpetual, irrevocable, royalty-free permission to use and incorporate the same into the Service.
Nothing contained in these Terms or within the Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Service in any manner without the prior written consent of Blockpour or such third party that may own the Service or intellectual property displayed during our provision of the Service.
- YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT THE SERVICE AND ANYTHING CONTAINED WITHIN THE SERVICE, INCLUDING, BUT NOT LIMITED TO, CONTENT, SERVICES, GOODS, OR ADVERTISEMENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND THAT BLOCKPOUR MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICE, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW FROM A COURSE OF DEALING OR USAGE OF TRADE. BLOCKPOUR DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THIS SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THIS SITE, THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY. BLOCKPOUR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THIS SITE OR THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT BLOCKPOUR) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU.
- Blockpour does not warrant that the Service is compatible with your equipment or that the Service, or e-mail sent by Blockpour or its representative, is free of errors or viruses, worms or “Trojan horses,” or any other harmful, invasive, or corrupted files, and is not liable for any damage you may suffer as a result of such destructive features. You agree that Blockpour and its suppliers, agents, directors, officers, employees, representatives, successors, and assigns shall have no responsibility or liability for: (a) any injury or damages, whether caused by the negligence of Blockpour, its parent, or their respective affiliates, suppliers, agents, directors, officers, employees, representatives, general partner, subsidiaries, successors, and assigns, or otherwise arising in connection with the Service and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages, or any claim against Blockpour by any other party; or (b) any fault, inaccuracy, omission, delay, or any other failure in the Service caused by your computer equipment or arising from your use of the Service on such equipment. Blockpour is also not responsible for the reliability or continued availability of the telephone lines, wireless services, communications media, and equipment you use to access the Service. You understand that Blockpour and/or third-party contributors to the Service may choose at any time to inhibit or prohibit their content from being accessed under these Terms.
- BLOCKPOUR IS NOT A REGISTERED INVESTMENT ADVISOR OR LICENSED INVESTMENT PRODUCT BROKER/DEALER. You should always conduct your own research and due diligence and obtain professional investment advice before making any investment decision. Neither Blockpour nor its other users will be liable for any loss or damage caused by a reliance on information obtained through the Service.
You acknowledge that:
- the Service is provided for information purposes only and is not intended for trading purposes;
- the Service may include certain information directly or indirectly taken from decentralized exchanges, centralized exchanges and other sources from around the world;
- Blockpour does not guarantee the sequence, accuracy, completeness, or timeliness of the Service or any information, facts, views, opinions, statements or recommendations contained on this site and/or the Service;
- the provision of certain parts of the Service is subject to the terms and conditions of other agreements to which Blockpour is a party;
- none of the information contained within the Service constitutes a solicitation, offer, opinion, endorsement or recommendation by Blockpour to buy or sell any security, or to provide legal, tax, accounting, or investment advice or services regarding the profitability or suitability of any security or investment;
- the information provided via the Service is not intended for use by, or distribution to, any person or entity in any jurisdiction or country where such use or distribution would be contrary to law or regulation. Accordingly, anything to the contrary herein set forth notwithstanding, Blockpour, its suppliers, agents, directors, officers, employees, representatives, successors, and assigns shall not, directly or indirectly, be liable, in any way, to you or any other person for any:
- inaccuracies or errors in or omissions from the Service including, but not limited to, quotes and financial data;
- delays, errors, or interruptions in the transmission or delivery of the Service; or
- loss or damage arising therefrom or occasioned thereby, or by any reason of nonperformance;
- UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL BLOCKPOUR, ITS PARENTS, AFFILIATES, SUBSIDIARIES, SUPPLIERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, LICENSORS OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PERSON FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES EVEN IF BLOCKPOUR HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING IN ANY WAY FROM OR IN CONNECTION WITH THIS SITE, THE SERVICE, USE OF OR INABILITY TO USE THE SERVICE OR ANY LINKS OR ITEMS ON THE SERVICE OR ANY PROVISION OF THESE TERMS, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL BLOCKPOUR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING, SUBSCRIBING TO, OR USING THE SERVICE. BY ACCESSING, SUBSCRIBING TO, OR USING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA , AS WELL AS ANY AND ALL SIMILAR PROVISION OF LAW OR SUCCESSOR STATUTE OR COMMON LAW DOCTRINE OF ANY STATE TERRITORY, AND/OR COUNTRY WITH RESPECT TO ANY CLAIMS YOU MAY HAVE IN CONNECTION WITH THE SERVICE OR THESE TERMS;
- in connection with this waiver and release, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true. Nevertheless, you intend by these Terms to release fully, finally and forever all such matters under these Terms. In furtherance of such intention, the releases set forth in these Terms shall be and shall remain in effect as full and complete releases notwithstanding the discovery or existence of any such additional or different claims or facts relevant hereto;
- you acknowledge and agree that you shall remain liable for all of your agents’ or related personnel’s use of the Service, created applications or other results under these Terms and any third-party services, including but not limited to plug-ins. Without limiting the foregoing, we may at our discretion suspend your access to the Service (including the APIs) immediately if your use of the Service may (i) create a cybersecurity risk to us, our databases or services, the Service, and/or other users of the Services; (ii) breach these Terms; or (iii) subject us or any third party to liability through no fault on the part of us or any such third party. You further agree to indemnify and hold harmless Blockpour, its employees, directors, contractors, agents and licensors and their respective employees, directors, contractors, and agents for any claim, suit or proceeding brought against Blockpour related to your performance and that of your users, plug-in developers or any third-party developers; and
- you acknowledge that errors might occur from time to time and waive any right to claim for compensation as a result of errors in the Service. When an error occurs, you will notify us at bpsuppo[email protected] and provide us with a description of the error.
You agree to, at your own expense, indemnify, defend, and hold harmless Blockpour, its affiliates, officers, directors, employees, agents, licensors, and suppliers (collectively the “Blockpour Parties”) from and against all claims, losses, liabilities, expenses, damages, and costs, including but not limited to reasonable attorneys’ and experts’ fees, resulting from or arising out of:
- your access to or use of the Service, or any activities conducted through the Service;
- someone’s use of your account for the Service;
- any deletion, addition, insertion or alteration to, or any unauthorized use of, the Service by you or someone using your computer (or account, where applicable);
- any violation of these Terms by you or anyone using your account;
- any infringement or alleged infringement of any intellectual property rights, proprietary
- rights, or privacy rights by you or anyone using your account;
- any misrepresentation, negligence, or willful misconduct by you or anyone using your
- account; and/or
- any breach of any warranty, representation, or obligation made by you in these Terms.
You agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by the Blockpour Parties by or in connection with or arising from any such claim, suit, action, or proceeding attributable to any such claim.
Blockpour reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with Blockpour in asserting any available defenses, including providing any necessary information and assistance as reasonably requested by Blockpour. You shall not settle any indemnifiable claim without Blockpour’s prior written consent. This indemnification obligation shall survive the termination or expiration of these Terms and your use of the Service.
12. Termination of Use
We may terminate or suspend access to the Service at any time, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. In case of termination or suspension, you may have the right to appeal our decision by contacting us through the appropriate communication channels. Your right to utilize all parts of the Service terminates upon termination of your subscription or access to the Service.
Any violation of these Terms may result in restrictions on your access to all or part of this site and may be referred to law enforcement authorities. No changes to or waiver of any part of these Terms shall be of any force or effect unless formally posted or made in writing and signed by a duly authorized officer of Blockpour. Upon termination of your subscription or access to the Service, or upon reasonable demand by Blockpour, you must destroy all materials obtained in the course of your use of the Service and all related documentation and all copies and installations thereof. At the same time, we shall be entitled to permanently delete and destroy all your data and contents in our possession without further notice to you.
The termination or expiry of these Terms (or any part thereof) will not affect any rights accrued prior to termination or expiry. All provisions of these Terms which by nature should survive termination shall survive termination of these Terms, including (without limitation) ownership provisions, disclaimers, indemnity, and limitations of liability.
We reserve the absolute right, in our sole discretion, to modify, replace, and/or add to these Terms from time to time. Such modifications shall be effective immediately. Accordingly, please continue to review these Terms whenever accessing, linking to, or using the Service. If we make a change, we will post it on our website for a period of 90 days and will update the “Last Updated” date at the beginning of these Terms.
We may also notify you of any changes to the Terms by email or by posting a notice within the Service. By continuing to use the Service after the changes in Terms are effective, you agree to be bound by the revised Terms. If you do not agree, then you must stop using the Service.
Our failure to enforce any provision or rights under these Terms is not a waiver of those rights.
15. Entire Agreement
These Terms constitute the entire agreement between you and us regarding the Service and supersede any prior agreements, whether written or oral, in relation to the Service.
16. Dispute Resolution and Service of Process
IIn the event of any dispute, claim, or controversy arising out of or relating to these Terms or the Service (a “Dispute”), the parties agree to first attempt to resolve the Dispute through good faith negotiations. If the parties are unable to resolve the Dispute within thirty (30) days of such negotiations, either party may submit the Dispute to binding arbitration in accordance with the Arbitration Rules of the Singapore International Arbitration Centre. The arbitration shall take place in Singapore, and the language of the arbitration shall be English. The number of arbitrator(s) shall be one (1).
The arbitrator’s decision shall be final and binding on the parties, and the parties agree to be bound by the arbitrator’s decision and to perform any award or judgment issued by the arbitrator. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The prevailing party in any arbitration or legal proceedings shall be entitled to recover its reasonable attorneys’ fees and costs from the non-prevailing party.
Any claim or cause of action you may have with respect to these Terms or the Service must be commenced within one (1) year after the claim or cause of action arises, regardless of any statute or law to the contrary. If a claim or cause of action is not brought within this time frame, it shall be permanently barred.
Nothing in this Section shall preclude Blockpour from applying for urgent interlocutory relief from any court of competent jurisdiction. You further agree that any arbitration award made pursuant to any arbitration commenced pursuant to this Section may be enforced by Blockpour against your assets wherever those assets are located or may be found, and a judgement upon any such arbitration award may be entered into by any court of competent jurisdiction thereof and for this purpose, you expressly submit to the jurisdiction of any such court.
Without prejudice to Blockpour’s right to serve process in any other manner permitted by law, Blockpour may effect service on you of any writ, summons or other process or documents by leaving it at or sending it by ordinary post to your last known address (whether to a post office box or to a place of residence or business or otherwise). Such process shall be deemed validly served on you:
- in the case of service by leaving at your last knowing address any writ, summons or other process or documents: immediately; and
- in the case of service by post of any writ, summons or other process or documents:
- to any address in Singapore: two (2) days after it was posted by Blockpour; or
- to any address outside Singapore: fourteen (14) days after it was posted by Blockpour,
- and you hereby agree that you shall be deemed to have adequate and sufficient notice of such process.
17. Governing Law
These Terms shall be governed and construed in accordance with the laws of Singapore, without regard to its conflict of laws provisions. Where in any case the dispute resolution procedures in Section 16 above do not apply, you agree that the Singapore courts shall have non-exclusive jurisdiction to hear and decide any action, suit or proceeding and to settle any dispute arising out of or in connection with the Service.
18. Force Majeure
Neither party shall be liable for any delay or failure in performance of any part of these Terms to the extent that such delay or failure is caused by events or circumstances beyond the reasonable control of the affected party, including but not limited to acts of God, war, terrorism, civil unrest, strikes, lockouts, labor disputes, fire, flood, earthquake, severe weather, natural disasters, epidemics, pandemics, governmental actions, orders or regulations, or any other event or circumstance commonly known as force majeure (a “Force Majeure Event”).
The party affected by a Force Majeure Event shall promptly notify the other party of the occurrence of the Force Majeure Event and describe in reasonable detail the nature of the event, its anticipated duration, and the steps being taken to mitigate the impact of the event. The affected party shall use its best efforts to mitigate the effects of the Force Majeure Event and to resume performance under these Terms as soon as reasonably possible. If the Force Majeure Event continues for more than thirty (30) days, either party may terminate these Terms upon written notice to the other party.
If any provision of these Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in force.