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Terms of Service
Last Updated: August 24, 2023
Welcome to AlphaScan, an analytics-based information provider that enables you (the “User”) to receive aggregated data and set up automated trading strategies on external trading platforms (not affiliated with AlphaScan) based on social signals and on-chain data (the “Services”). AlphaScan is operated by AlphaScan Ltd., a British Virgin Islands limited company (“AlphaScan,” the “Company,” “we,” or “us”). By accessing or using https://alphascan.xyz/, including any subdomain, API, token, bot or mobile application we provide (the “Platform”), you signify that you have read, understand, and agree to be bound by these terms of service (“Terms of Service”).
For purposes of these Terms of Service, “User,” “you,” and “your” means you as the user of the Platform. If you use the Platform on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms of Service, and (b) you agree to these Terms of Service on the entity’s behalf.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND AFFECT YOUR LEGAL RIGHTS. AS OUTLINED BELOW, THEY INCLUDE A MANDATORY ARBITRATION AGREEMENT AND CLASS ACTION WAIVER WHICH (WITH LIMITED EXCEPTIONS) REQUIRE ANY DISPUTES BETWEEN THE COMPANY AND USER/YOU TO BE RESOLVED THROUGH INDIVIDUAL ARBITRATION RATHER THAN IN COURT.
BY USING THE PLATFORM OR THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE, THEN YOU MAY NOT ACCESS OR USE THE PLATFORM.
Changes to these Terms of Service. We may make changes to these Terms of Service from time to time. We will post any changed Terms of Service on the Platform and will indicate at the top of this page the date the Terms of Service were last updated. You understand and agree that your continued use of the Platform or its Services after we have made any such changes constitutes your acceptance of the new Terms of Service.
2. TERMS APPLICABLE TO ALL USERS
Eligibility: General. By using the Platform or its Services, you agree to and will abide by all of the terms and conditions stated in these Terms of Service. If you violate any of these Terms of Service, or otherwise violate an agreement between you and us, we may revoke your access and any content or information that you have posted on the Platform and/or prohibit you from using or accessing the Platform or its Services at any time in our sole discretion, with or without notice.
Fees. You understand and agree that use of the Platform and Services may be charged with a fee, which shall be documented in an agreement between you and us. You understand that it is your responsibility to read and understand the terms of any such agreements.
Registration. To register and become a User of the Platform, you must be at least 18 years of age. In addition, you must be in good standing and not either (a) previously barred by AlphaScan from using the Platform, either at AlphaScan’s discretion or as a result of an action under applicable laws and statutes, or (b) a “Prohibited Person” as herein defined:
“Prohibited Persons.” No Prohibited Person may register or create an account or otherwise use the Platform. “Prohibited Person” means: (i) any resident, the government or a government official of Cuba, Democratic People’s Republic of Korea (North Korea), Iran, Syria, or Crimea (a region of Ukraine annexed by the Russian Federation) and Sevastopol; (ii) any person or entity controlled by a person listed on the “Specially Designated Nationals and Blocked Persons” (“SDN”) List and the Non-SDN List, including the Sectoral Sanctions Identifications List, published by OFAC, the Section 311 Special Measures for Jurisdictions, Financial Institutions, or International Transactions of Primary Money Laundering Concern published by FinCEN, and any other foreign terrorist organization or other sanctioned, restricted, or debarred party; or (iii) any person that the Company, in its sole discretion, deems to have violated any of the Terms of Service.
With respect to the token and the bot only, Prohibited Persons further includes: any resident of Panama, Myanmar (Burma), Cote D’Ivoire (Ivory Coast), Democratic Republic of Congo, Iraq, Libya, Mali, Nicaragua, Somalia, Sudan, the United States of America, Yemen, Zimbabwe, or Russia.
Prohibited Persons may not use any software or networking techniques, including use of a virtual private network (VPN) to circumvent this prohibition.
Collection of User Information. When you register, you authorize AlphaScan to collect information such as your name, e-mail address, birth date, gender, mailing address, and any other information provided automatically (such as your IP address) and any other information you willingly provide to AlphaScan. You can edit your account information at any time should you become aware that information is incorrect or needs amending. In registering for an account, you agree to:
· Furnish factual, correct, current, and complete information with regards to yourself as may be requested by the data registration process; and
· Maintain and promptly update your registration and profile information in an effort to maintain accuracy and any completeness at all times.
When you set up your account, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility to notify us if you notice any unauthorized access to or actions on your account. AlphaScan is not responsible for any loss and/or damage arising from your failure to comply with this term and/or any other condition of these Terms of Service.
Restrictions on Data Collection/Termination. Without our prior consent, you may not:
· Use any automated means to access the Platform or to collect any information from the Platform;
· Frame the Platform, utilize framing techniques to enclose any content or other proprietary information on the Platform, place popup windows over the Platform’s pages, or otherwise affect the display of the Platform’s pages; engage in the practices of “screen scraping,” “database scraping” or any other activity with the purpose of obtaining content or other information; or
· Use the Platform in any manner that violates applicable law or that could damage, disable, overburden, or impair the Platform or interfere with any other party’s use and enjoyment of the Platform.
We may terminate, disable, or reduce your access to, or use of, this Platform for any reason, including without limitation, if we believe that you have violated or acted inconsistently with any portion of the Terms of Service.
User Conduct. You represent, warrant, and agree that no materials of any kind submitted through your account or otherwise posted or shared by you through the Platform will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. Additionally, you agree not to use automated scripts to collect information from the Platform for any other purpose. You further agree that you may not use the Platform in any unlawful manner or in any manner that could damage, disable, or impair the Platform in any way. In addition, you agree not to use the Platform to:
· Use the Platform for any unauthorized purpose, including accessing and/or collecting usernames and/or email addresses of other users by electronic or other means, including for the purposes of sending unsolicited email or other electronic communications, or engaging in unauthorized framing of, or linking to, the Platform without the Company’s express written consent;
· Interfere with, disrupt, disable, damage, or create an undue burden on or impair the functionality of the Platform or the equipment, networks or services connected to the Platform, including without limitation, hacking into the Platform, or using the Platform to send unsolicited or commercial emails, bulletins, prohibited comments, or other prohibited or illegal communications;
· Impersonate any other person or entity, sell or let others use your credentials or account, provide false or misleading identification or address information, or invade the privacy or personal or proprietary right of any person or entity;
· Circumvent, disable, or otherwise interfere with (i) security related features of the Platform, (ii) features that prevent or restrict use of copying any of AlphaScan’s intellectual property, or (iii) features that enforce limitations on use of the Platform;
· Engage in activities regarded as competitive with the Platform or interfere with any other party’s use of the Platform;
· Engage in activities causing harm to or constituting harassment against any person;
· Upload, post, email, transmit, or otherwise make available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful and/or racially, ethnically, or otherwise objectionable;
· Attempt to gain access to any portion of the Platform other than those for which your access is authorized;
· Use the Platform in order to disguise the origin or nature of illicit proceeds; or
· Utilize the Platform for the benefit of a Prohibited Person (as defined below).
You further represent that the information you submit through the Platform is truthful and accurate; your use of the Platform and your use of its Services does not violate any applicable laws or regulations; that you are of sufficient legal age or otherwise have legal capacity to legally enter these Terms of Service, and that your use of the Platform will comply with the Terms of Service.
Ownership and Licenses. All legal right, title, and interest in and/or to this Platform, its content, components, elements, the compilation and collection thereof, and all intellectual property rights associated with any of the foregoing (collectively, the “Company Assets”), resides with the Company or its licensors, as applicable, unless expressly provided otherwise in the Terms of Service. Use of this Platform does not grant ownership of, or any other rights, with respect to any content, code, data, or other Company Assets without prior written consent of the Company.
You further acknowledge and agree that the Services provided and made available through the Platform, which may include mobile applications and other platforms and downloadable programs, shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws and are the sole property of AlphaScan. You hereby disclaim any claim of ownership of AlphaScan’s intellectual property. You also agree that any and all AlphaScan trademarks, copyright, trade name, service marks, and other logos and brand features are the property of AlphaScan. You agree not to display or use AlphaScan’s marks in any manner without first obtaining AlphaScan’s prior written consent.
Use and Storage General Practices. You herein acknowledge that AlphaScan may set up any such practices and/or limits regarding your use of the Platform, without limitation of the maximum number of days that any email, message posting, or other uploaded content shall be retained by AlphaScan. You acknowledge and agree that AlphaScan shall have no responsibility or liability for the removal or failure to maintain storage of any email, message posting, or other uploaded content on the Platform. You further acknowledge and agree that we reserve the right to delete or remove any account that is no longer active for an extended period of time. You acknowledge and agree that it is your responsibility to preserve any email, message posting, or other uploaded content and that AlphaScan does not control or dictate the preservation policies of any third-party provider.
User Termination of Account. You may cancel or terminate your account and access to the Platform and its Services by submitting a cancellation or termination request to: [email protected]. You acknowledge and agree that AlphaScan’s response may be delayed and you agree that AlphaScan shall not be responsible or liable for any delay responding to your cancellation or termination request.
No Right of Survivorship and Non-Transferrability of your Account. You acknowledge and agree that your account is non-transferrable and any rights to your account, information, and content shall terminate upon your death.
3. COMPANY MANAGEMENT
AlphaScan reserves the right, but does not undertake the obligation to: (i) monitor or review the Platform for violations of the Terms of Service and for compliance with the Company’s policies; (ii) report to law enforcement authorities and/or take legal action against anyone who violates the Terms of Services; (iii) manage the Platform in a manner designed to protect the Company’s and third parties’ rights and property or to facilitate the proper functioning of the Platform; (iv) screen Company’s users, or attempt to verify the statement of the Company’s users; and/or (v) monitor or resolve disputed between you and other users or to terminate or block you and other users for violating the Terms of Service.
AlphaScan reserves the right, but does not undertake the obligation, to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by AlphaScan or any other content providers supplying content services to AlphaScan. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services.
Company’s Right to Terminate Use. WITHOUT LIMITING ANY OTHER PROVISION OF THE TERMS OF SERVICE, COMPANY RESERVES THE RIGHT TO, IN COMPANY’S SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE PLATFORM TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION, FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THE TERMS OF SERVICE OR VIOLATION OF ANY APPLICABLE LAW OR REGULATION.
Electronic Communications. Any disclosure regarding your rights will be provided to you electronically through by AlphaScan, either on our Platform, through email, social media or messaging.
Telephone Consumer Protection Act Overview Consent. You expressly consent to receiving calls and messages, including auto-dialed and pre-recorded message calls, and SMS messages (including text messages) from us, our affiliates, agents, and others calling at their request or on their behalf, at any telephone numbers that you have provided or may provide in the future (including any cellular telephone numbers). You cellular or mobile telephone provider will charge you according to the type of plan you carry.
By agreeing to the Terms of Service and accessing the Platform, you agree, to the fullest extent permitted by applicable law, to indemnify, defend, and hold harmless the Company, and our respective past, present, and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors, and assigns from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, taxes, penalties, interest, fees, expenses, and costs (including but not limited to attorneys’ fees and court costs), 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 related to (a) your use or misuse of the Platform, (b) your violation or breach of any term of these Terms of Service or applicable law; (c) your violation of the rights of or obligations to a third party, including another user or third-party; and (d) your negligence or willful misconduct. You agree to promptly notify the Company of any Claims and cooperate with the Company in defending such Claims. You further agree that the Company shall have control of the defense or settlement of any Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN REPLACEMENT OF, ANY INDEMNITIES SET FORTH IN OTHER WRITTEN AGREEMENTS BETWEEN YOU AND US.
5. DISCLAIMERS AND LIMITATIONS ON LIABILITY
The following disclaimers are provided herein and are effective as to the fullest extent of the law in your jurisdiction.
Your access to and use of the Platform is at your own risk. You understand and agree that the Platform is provided on an “as is” and “as available” basis and AlphaScan expressly disclaims warranties or conditions of any kind, either express or implied. AlphaScan makes no warranty or representation and disclaim all responsibility for whether the Platform will: (a) meet your requirements; (b) be available on an uninterrupted, timely, secure, or error-free basis; or (c) will be accurate, reliable, complete, legal, or safe. AlphaScan disclaims all other warranties or conditions, express or implied, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE PLATFORM. WHILE THE COMPANY ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE PLATFORM SAFE, ALPHASCAN CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES YOU INTERACT WITH USING OUR PLATFORM (OR OUR SERVICE PROVIDERS’ SERVERS) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. NO ADVICE OR INFORMATION, WHETHER ORAL OR OBTAINED FROM ALPHASCAN OR THROUGH THE SERVICE, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING OVER THE INTERNET AND WILL NOT HOLD ALPHASCAN RESPONSIBLE FOR ANY BREACH OF SECURITY.
THE COMPANY WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF PLATFORM CONTENT AND/OR CONTENT LINKED TO OR ASSOCIATED WITH THE PLATFORM, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (A) USER ERROR, INCLUDING BUT NOT LIMITED TO INCORRECT INFORMATION; (B) SERVER FAILURE OR DATA LOSS; (C) UNAUTHORIZED ACCESS OR USE; (D) ANY UNAUTHORIZED THIRD-PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE PLATFORM.
THE COMPANY WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY SUSTAINED LOSSES OR INJURY DUE TO VULNERABILITY OR ANY KIND OF FAILURE OR ABNORMAL BEHAVIOR OF SOFTWARE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OF SERVICE, THE ACCESS TO AND USE OF THE PLATFORM, OR CONTENT, EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT RECEIVED BY ALPHASCAN FOR ITS SERVICES DIRECTLY RELATING TO THE SUBJECT OF THE CLAIM.
Exclusion of Limitations. There are some jurisdictions which do not allow the exclusion of certain warranties or the limitation of exclusion of liability provisions for incidental or consequential damages. Therefore, some of the above limitations may not apply to you. You agree that you are responsible for familiarizing yourself with all applicable laws for the jurisdiction in which you reside as well as the laws of the British Virgin Islands which govern these Terms of Service.
6. ASSUMPTION OF RISK AND ACKNOWLEDGEMENT OF NO INVESTMENT ADVICE
You acknowledge that ALPHASCAN does not provide investment advice or a recommendation of securities or investments. Furthermore, you agree that the contents of THE Platform do not constitute financial, accounting, legal, or tax advice. You should always obtain independent financial and tax advice from your professional advisers before making any financial decisions.
You further accept and acknowledge:
· The Company provides data. That data must be interpreted. Any decision to trade is solely the users.
· Social media signals may be unreliable. They may have no correlation to movements in the price of any cryptocurrency.
· The value of any cryptocurrency or token is subjective. Prices of cryptocurrencies and tokens are subject to volatility and fluctuations. You acknowledge that you fully understand this subjectivity and volatility and that you may incur losses therefrom.
· A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of those ecosystems and related applications, and could therefore also negatively impact the potential value of any cryptocurrency or token.
· The regulatory regime governing blockchain technologies, cryptocurrency, and other crypto-based items is uncertain, and new regulations or policies may materially adversely affect the development of the Platform and the utility and enthusiasm for cryptocurrencies and tokens.
· The Company is not a registered broker-dealer or investment adviser in the United States or anywhere else in the world. Whether and on what basis any cryptocurrency or token may constitute property, an asset, a security, or a right varies from one jurisdiction to another. You are responsible for knowing and understanding the laws applicable to you or your property, rights, or assets and taxes.
· You are solely responsible for determining what, if any, taxes apply to transactions you conduct on third-party external trading platforms.
· You will not utilize the Platform or the Services to manipulate any markets or conduct any activity that is illegal in the jurisdiction where you reside.
· We do not control any blockchain that you may interact with.
· There are risks associated with using Internet and blockchain-based products, including but not limited to, the risk associated with hardware, software, and internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to your account. You accept and acknowledge that AlphaScan will not be responsible for any communication failures, disruptions, errors, distortions, or delays you may experience when using the Platform, however caused.
· The Platform relies on third-party platforms and/or vendors. You accept and acknowledge that the Company does not control the actions, platforms, or terms and conditions of pricing of third-party platforms and vendors.
7. DISPUTE RESOLUTION
PLEASE READ THIS FOLLOWING CLAUSE CAREFULLY AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
Initial Dispute Resolution. The Company is available by email at [email protected] to address any concerns you may have regarding your use of the Platform. Most concerns may be quickly resolved in this manner. Each of you and the Company agree to use reasonable efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
Agreement to Binding Arbitration in the British Virgin Islands (BVI). If Company and you do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued, then either you or Company may initiate binding arbitration. All claims arising out of or relating to the Terms of Service (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Platform shall be finally and exclusively settled by binding arbitration administered in accordance with the BVI International Arbitration Centre (IAC) Arbitration Rules and governed by the law of the British Virgin Islands. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator. To the extent the parties are unable to agree to an arbitrator within thirty (30) days, the parties authorize the IAC to appoint a qualified arbitrator subject to the 2021 Rules of the IAC. The arbitrator, and not any court or agency shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of the Terms of Service, including but not limited to, any claim that all or any part of the Terms is void or voidable. The place of arbitration shall be in the British Virgin Islands, unless the parties agree otherwise (i.e., unless the parties agree to appear at the arbitration by phone or, if you and Company both agree, to conduct it online, in lieu of appearing live). The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The costs of arbitration will be shared equally. The language to be used in the arbitral proceedings shall be English.
The parties understand that, absent this mandatory provision, they may have the right to sue in court. They further understand that the right to discovery may be more limited in arbitration than in court.
Class Action and Class Arbitration Waiver. You and the Company each further agree that any arbitration shall be conducted in the parties’ respective individual capacities only and not as a class action or other representative action, and you and the Company each expressly waive the respective right to file a class action or seek relief on a class basis.
8. THIRD-PARTY WEBSITES
The Platform may include links to third-party websites which are not controlled by the Company. The Company disclaims any and all responsibility for the contents of any third-party websites or any websites linked therein. Links to third-party websites are provided on this Platform as a convenience to you and the inclusion of any link in no way represents an endorsement by the Company of any kind. Additionally, the Company disclaims any and all responsibility for any and all third-party transactions.
9. MODIFICATIONS TO THE SERVICES
AlphaScan reserves the right at any time and as it deems fit, to modify, alter, and/or discontinue, whether temporarily or permanently, our Service, or any part thereof, with or without prior notice. You acknowledge and agree that AlphaScan shall not be held liable for any such alteration, modification, suspension, and/or discontinuance of the Platform, or any part thereof.
10. GOVERNING LAW AND CHOICE OF VENUE
These Terms of Service and your access to and use of the Platform shall be governed by and construed and enforced in accordance with the laws of the British Virgin Islands (without regard to conflict of law rules or principles of any jurisdiction that would cause the application of the laws of any other jurisdiction). Any dispute between the parties that is not subject to arbitration as set forth above, shall be resolved in the Commercial Court of the British Virgin Islands.
11. NO THIRD-PARTY BENEFICIARIES
You acknowledge and agree that, unless otherwise expressly agreed, there shall be no third-party beneficiaries to these Terms of Service.
If any term, clause, or provision of these Terms of Service is held invalid or unenforceable, then that term, clause, or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause, or provision, or any other term, clause, or provision of these terms.
13. NO WAIVER
At any time, should AlphaScan fail to exercise or enforce any right or provision of these Terms of Service, such failure shall not constitute a waiver of such right or provision.
All sections of the Terms which by their nature are designed to survive expiration or termination of the Terms or your use of the Platform shall survive any applicable expiration or termination.
15. CONTACT INFORMATION