TERMS OF USE
Last Modified: March 6, 2023
PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE USING THIS WEBSITE OR ANY ASSOCIATED PAGES, PRODUCTS,APPLICATIONS, SERVICES OR DECENTRALIZED PROTOCOLS LINKED OR MADE AVAILABLE THROUGH THIS WEBSITE, AS THEY MAY MATERIALLY AND OR ADVERSELY AFFECT OR LIMIT YOUR LEGAL RIGHTS AND OBLIGATIONS.
THESE TERMS OF USE MAY CHANGE AT ANY TIME WITHOUT NOTICE TO YOU AND CREATE LEGAL AGREEMENT BETWEEN YOU AND INCEPTION SOFT LLC (“INCEPTION SOFT”) AND GOVERN YOUR USE OF THIS WEBSITE. ANY WEBSITES, PRODUCTS, APPLICATIONS, SERVICES, OR DECENTRALIZED PROTOCOLS REFERENCED, LINKED OR MADE ACCESSIBLE THROUGH THIS WEBSITE TO THIRD PARTY WEBSITES, PAGES, PRODUCTS, SERVICES OR DECENTRALIZED PROTOCOLS SHALL UNDER NO CIRCUMSTANCES WHATSOEVER BE DEEMED OR CONSTRUED AS AN EXPRESS OR IMPLIED ENDORSEMENT OF SUCH BY INCEPTION SOFT.
BY ACCESSING OR USING INCEPTION SOFT’S WEBSITES AND ANY ASSOCIATED WEBSITES, PRODUCTS, SERVICES, APPLICATIONS OR PROTOCOLS, WHETHER DEVELOPED OR MAINTAINED BY INCEPTION SOFT, ONE OF ITS AGENTS OR AFFILIATES, OR OTHER THIRD PARTY, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, ACCEPT, AND AGREE TO BE LEGALLY BOUND BY THE MOST RECENT VERSION OF THESE TERMS OF USE WHICH YOU HEREBY ACKNOWLEDGE AND AGREE CREATE A LEGALLY ENFORCEABLE AGREEMENT BETWEEN YOU AND INCEPTION SOFT. IF YOU DO NOT OR CANNOT AGREE TO THESE TERMS OF USE OR ARE UNDER THE AGE OF EIGHTEEN (18), YOU MAY NOT ACCESS OR OTHERWISE USE THE SERVICES.
PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT REQUIRES YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ACCESSING THIS WEBSITE AND/OR USING ANY ASSOCIATED WEBSITES, PAGES, PRODUCTS, SERVICES, OR PROTOCOLS ASSOCIATED WITH OR LINKED TO THIS WEBSITE, , YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND ALL THE TERMS OF THIS AGREEMENT AN HAVE TAKEN TIME TO SUFFICIENTLY CONSIDER ALL OF THE POTENTIAL CONSEQUENCES OF THIS IMPORTANT DECISION.
Accessing the Website These Terms of Use apply to the websites and applications, products, services, and decentralized protocols developed, owned, operated maintained, or updated by Inception Soft LLC and its agents, affiliates, service providers, partners, and licensors (hereinafter referred to as “Inception Soft”, “We”, “Our,” or “Us”) and the Services offered thereon. Such websites and mobile applications are collectively referred to as the “Websites,” or each individually as the “Website.” In some cases, the Websites may be governed by different terms of use (“Additional Terms”), in which case any conflicting terms in the Additional Terms shall prevail over the terms and conditions of these Terms of Use.
When accessing and using this Website and associated Services (as hereinafter defined), you shall comply with these Terms of Use, which Inception Soft may amend at any time and without prior notice. Such amended Terms of Use shall be effective upon publication on the Website and shall continue until you stop accessing the Website and using the Services. Therefore, it is your sole responsibility to ensure you have read, understand, acknowledge and agree to the current terms and conditions contained in these Terms of Use and any future, updated, revised, amended, and/or modified terms applicable to your access or use of the Website, the Services, and any products, services, and decentralized protocols subject to these terms.
Use of Services The Services offered via the Website are those you interact with from the Website, particularly the decentralized Tender Finance protocol (the “Protocol”) and any associated protocols, code, scripts, programs, applications, products and services, including without limitations any smart contracts underlying the foregoing (collectively, the “Services”). You hereby agree to access the Website and use the Services in full compliance with per these Terms of Use and any applicable laws and regulations applicable in your jurisdiction.
In particular, you agree that when using the Services, You will not:
1 Use the Services in connection with surveys, contests, chain letters, junk email, illegal schemes, spamming, or any duplicative or unsolicited messages (commercial or otherwise).
2 Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
3 Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, obscene, illegal, indecent, or unlawful topic, name, material, or information.
4 Upload, or otherwise make available, files that contain images, photographs, software, or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless You own or control the rights thereto or have received all necessary consent to do the same.
5 Use any material or information, including images or photographs, made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any party.
6 Use the Services to transmit files that contain viruses, malware, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
7 Use the Services in any manner which could be perceived as deceptive or dishonest.
8 Use the Services to advertise for sale any illicit products or services.
9 Download any file posted by another user of the Services that You know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
10 Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
11 Restrict or inhibit any other user from using and enjoying the Services.
12 Harvest or otherwise collect information about others, including e-mail addresses or any other information that could be deemed ‘personal’ in nature.
13 Create a false identity to mislead others or otherwise provide false registration information for any Services which may require registration.
14 Use, download, or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
Inception Soft hereby reserves the right to review your use of the Services and restrict or terminate Your access to the Services at any time, without notice, for any reason whatsoever. Inception Soft further reserves the right at all times to disclose any information as Inception Soft 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 its sole discretion.
Payment of Fees Your use of some Services may require payment of fees to the protocol which nonrefundable. In addition, executing transactions on the blockchain generally requires the payment of a transaction fees or “gas,” which users should note are also nonrefundable. The protocol is built around a set of permissionless, open-source, self-executing and non-custodial smart contracts and as such, Inception Soft does itself does not provide Services to users or send, hold, or deliver users’ digital assets. Services and transactions conditioned upon payment to the protocol are accompanied by payment terms specific to that Service or transaction. If you do not comply with the payment terms of the Services, Inception Soft reserves the right to restrict or terminate Your use of the Services without notice.
Disclaimer and Limitation of Liability Inception Soft does not warrant the accuracy, reliability, timeliness, or availability of any information published or not published on the Website, nor does it endorse any content, viewpoints, products, or services linked from this Website, and shall not be held liable for any losses caused by reliance on the accuracy, reliability, timeliness or availability of such information. You acknowledge that some or all of such information may be incorrect, innaccurate, not current or unavailable from time to time. Any person or entity that relies on any information obtained from the Website does so at their own risk and without legal recourse.
This Website may provide links to other websites not under Inception Soft's control. Inception Soft shall not be responsible for the content of such other websites. To the extent applicable, Inception Soft provides such links only as a convenience to you and the inclusion or publication of any link to any such website(s) does not imply endorsement by Inception Soft of the content of such websites.
ALL CONTENT AND OTHER INFORMATION MENTIONED ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” BASIS. INCEPTION SOFT HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEBSITE OR THE CONTENT OR OTHER INFORMATION. INCEPTION SOFT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THIS WEBSITE. YOU ACKNOWLEDGE ANY INFORMATION SENT OR TRANSMITTED OVER THE INTERNET MAY BE INTERCEPTED BY MALICIOUS THIRD PARTIES. INCEPTION SOFT DOES NOT WARRANT THAT THE WEBSITE OR THE SERVERS WHICH MAKE THIS WEBSITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY INCEPTION SOFT OR IMPERSONATORS OF INCEPTION SOFT ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. AGAIN, INCEPTION SOFT DISCLAIMS ANY AND ALL LIABILITY FOR ANY LOSS OR DAMAGE RESULTING FROM ANY DEFECT REGARDLESS OF FAULT OR NEGLIGENCE TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
IN NO EVENT WHATSOEVER SHALL INCEPTION SOFT OR ANY OF ITS AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, VENDORS, COUNSEL, OR THE LIKE, BE LIABLE TO YOU OR OTHERS FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF FUNDS, ASSETS, BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION) RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS WEBSITE OR THE SERVICES.
Intellectual Property Copyright and all other intellectual property rights for the Website and all material mentioned on it, including but not limited to software, audio, video, text, image, and photographs (hereinafter referred to as “Content”) and Services rests with Inception Soft, its affiliates, its partners or its licensors. All rights in the Content and Services not expressly granted herein are reserved by Inception Soft, its affiliates, partners, or its licensors. Unless otherwise provided, the Content and Services published on this Website may be reproduced or distributed in unmodified form for personal, non-commercial use only. Any other use of the Content or Services, including without limitation distribution, reproduction, modification, display, or transmission without the prior written consent of Inception Soft is strictly prohibited. Users shall retain all copyright and other proprietary labels and notices on all reproductions of the Services in any medium or format.
Non-Commercial Use Unless otherwise specified, the Services are for non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from or by using the Services without the prior written consent of Inception Soft. To avoid doubt, any media, files, applications, or code downloaded from the Websites may only be used for non-commercial purposes unless otherwise specified.
Linking to Website and Services Inception Soft consents only to links to the Website in which the link and the pages that are activated by the link do not: (a) create frames around any page on this Website or use other techniques that alter in any way the visual presentation or appearance of any content within this site; (b) misrepresent Your relationship with Inception Soft; (c) imply that Inception Soft approves or endorses you, your company, your website and/or your service(s), product offering(s) or brand(s); and (d) publishing or presenting false or misleading impressions about Inception Soft, the protocol or otherwise damage the goodwill associated with Inception Soft name or its trademarks whatsoever. Failure to abide by the foregoing terms may result in serious legal consequences and consequences and you acknowledge and hereby agree to indemnify and reimburse Inception Soft for all legal costs and fees associated with such legal action taken against you without limitation.
You further acknowledge and agree that Inception Soft may at any point in time, in its sole discretion, terminate, withdraw your right to link to the Websites, the Services, the Protocol and/or use of Inception Soft’s trademarks and/or copyrights where permission may have been previously granted. Inception Soft may also demand that you cease and desist linking the Websites, the Services, the Protocol and/or use of Inception Soft’s trademarks, copyrights and other proprietary intellectual property. If either occurs, you hereby agree to immediately remove all links to the Websites and/or the Services and cease use of Inception Soft’s trademarks and/or copyrights. Failure to immediately abide by any such demand may result in serious legal consequences and you acknowledge and hereby agree to indemnify and reimburse Inception Soft for all legal costs and fees associated with such legal action taken against without limitation.
In addition, Inception Soft reserves the right, in its sole discretion to terminate your use of the Services, Protocol, and Websites, and we may elect to use any measures available to suspend, restrict, terminate, and/or block your use of any or all of the Services, Protocol or Websites, with or without prior notice to you, for any reason whatsoever.
In the event that any of the foregoing actions or measures occur, you acknowledge and agree that you shall have no legal recourse against Inception Soft, and under no circumstance shall Inception Soft be liable to you for any damages, loss, inconvenience, or any other claim for redress whatsoever. Inception Soft hereby expressly disclaims any and all liability of any kind for measures taken to enforce the terms of the Services, Protocol, and/or Websites.
Assumption of Risk By accessing this Website and/or using the Services, you assume the risks of engaging in transactions that rely on open-source smart contracts existing on the Arbitrum blockchain network and other technologies still considered “experimental” in nature. The Protocol relies upon smart contracts and other software, applications and systems that interact with blockchain-based networks which in some or all cases. These technologies are inherently risky. Some of the risks associated with all decentralized protocols including the Protocol include bugs, malfunctions, cyberattacks, or changes to the blockchain network itself (such as “forks”) could disrupt the state and integrity of these technologies. As a result, you could lose all of your digital assets and in such event Inception Soft shall not be liable for your loss or any other damages that arise from your use of the Services and/or Protocol. You are solely responsible for the safekeeping of the private key associated with the blockchain wallet you use to interact with the Protocol. You assume any and all responsibility for any and all risk of loss and Inception Soft shall have no liability or responsibility to you for any such risks. If you are not comfortable assuming these risks, you are not authorized to access or engage with the Protocol or Services because these risks are inherent to the use of blockchain technology.
YOU ACKNOWLEDGE YOUR UNDERSTANDING THAT ALL TRANSACTIONS RECORDED TO DECENTRALIZED PUBLIC BLOCKCHAINS, INCLUDING TRANSFERS OF DIGITAL ASSETS AND ALL DATA PROGRAMMED INTO THESE ASSETS (SUCH AS REVENUE AND INTEREST ALLOCATIONS), MUST BE TREATED AS PERMANENT AND CANNOT BE REVERSED BY INCEPTION SOFT OR BY ANYONE ELSE. YOU MUST EXERCISE EXTREME CAUTION AND CARE WHEN YOU FINALIZE ANY TRANSACTION THAT WILL BE RECORDED ON THE BLOCKCHAIN.
Indemnification You shall indemnify and hold Inception Soft, its officers, boards, employees, contractors, advisors, vendors, service providers, counsel and other agents, affiliates, and other related parties harmless from all claims, injuries, suits, actions, judgments, damages, losses, costs, expenses and liabilities of any kind whatsoever, whether actual or hypothetical including but not limited to, attorney’s fees and costs of defense which it may incur as result of your own misconduct, including any violation of these Terms of Use. You also acknowledge that you may be subject to punitive damages if such misconduct or violation of the terms and conditions of these Terms of Use rises to the level of willful, wreckless, negligent, careless or tortious conduct. This includes but is not limited to your violation of any third party intellectual property rights or license arising out of your use of the Websites or Services, regardless of whether or not the willful, negligent, or tortious act is caused in part by Inception Soft.
Governing Law and Arbitration The Terms of Use shall be governed by the laws and regulations of Switzerland. Any dispute, controversy, or claim arising out of, or in relation to, this contract, including regarding the validity, invalidity, breach or termination thereof, shall be resolved by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Arbitration Centre in force on the date on which the Notice of Arbitration is submitted in accordance with those Rules and the following shall apply:
The number of arbitrators shall be one;
The seat of the arbitration shall be Zug, Switzerland);
The arbitral proceedings shall be conducted in English.
The Expedited Procedure shall apply.
Notwithstanding the foregoing,, the parties may mutually agree in writing at any time to submit the dispute to mediation in accordance with the Swiss Rules of Commercial Mediation of the Swiss Chambers’ Arbitration Institution.
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL ANY REAL OR HYPOTHETICAL CLAIM YOU MAY HAVE OR ALLEGE TO HAVE AGAINST INCEPTION SOFT, INCLUDING WITHOUT LIMITATION INCEPTION SOFT’S PAST AND PRESENT AFFILIATES, OFFICERS, DIRECTORS, CONTRACTORS, EMPLOYEES, COUNSEL, ADVISORS, BOARD OF DIRECTORS, AGENTS, VENDORS OR SERVICE PROVIDERS MUST BE BROUGHT INDIVIDUALLY IN ACCORDANCE WITH THIS SECTION. YOU SHALL NOT JOIN SUCH CLAIM WITH CLAIMS OF ANY OTHER PERSON OR ENTITY OR BRING, JOIN OR PARTICIPATE IN A CLASS ACTION AGAINST INCEPTION SOFT.
Severability In the event that any provision of these Terms of Use shall for any reason be held invalid, illegal, or unenforceable in any respect by a court or arbitrator of competent jurisdiction, to such extent such provision shall be deemed null and void and severed from these Terms of Use and the remainder hereof shall remain in full force and effect.
Contacting Inception Soft To submit questions regarding these Terms of Use or to exercise any rights relating to Your personal information, please contact Inception Soft LLC by email at the following address: support@tender.fi.