Terms and Conditions

License

The Services and any “Content” (meaning any text, images, videos, audio, or software) published by or on behalf of Aurachain are not sold to You, they are provided by Aurachain under a limited, non-exclusive, non-transferable, and revocable license to use them, in accordance with the applicable Term. They are property of Aurachain retain all right, title and interest in and to the Services and Content made available by Aurachain.

The Services enable You to share, create, link or upload Content. You are solely responsible for any Content that You make available via the Services and for any harm resulting from it. Aurachain is not responsible for any public display or misuse of Your Content. By using the Services, You may access or use Content provided by Aurachain. Aurachain cannot guarantee that any Content, in the Services or elsewhere, will be free of (i) material You may find objectionable or otherwise inappropriate or (ii) malware or other contaminants that may harm Your computer, mobile device, or any files therein. Aurachain disclaims any responsibility or liability related to Your use of such Content.

Any suggestions, ideas, comments, and other feedback regarding the Services provided by You to Aurachain (“Feedback”) may be used without any restriction or compensation to You.

Access and Security

When You use or access the Services, You warrant that You made all necessary arrangements in order to comply with applicable laws and the Terms of Use. If You create an account to use the Services, You need to provide Aurachain with accurate and complete information.

You are responsible for securely storing any credentials to access and use the Services. You must notify Aurachain immediately of any unauthorized use of Your account and any other breach of security by emailing us at dpo@auracahain.ch. Aurachain cannot and will not be liable for any loss or damage due to Your failure to comply with this security obligation. Also, Aurachain cannot guarantee that unauthorized third parties will not be able to circumvent Aurachain’s or its suppliers’ security measures. Information You provide to Aurachain for using the Services is handled in accordance with the Privacy Policy, if not otherwise stated in the applicable Specific Terms.

Use Restrictions

By accessing or using the Services You will not (or allow those acting on your behalf to):

• Perform or promote illegal activities;
• Defame, stalk, harass or threaten others (including spam), or organize acts of violence;
• Violate intellectual property, privacy, or other rights. Do not share Content that You do not have the right to share, claim Content that You did not create as Your own, or otherwise infringe or misappropriate Aurachain’s someone else’s intellectual property or other rights. Always attribute materials used or quoted by You to the original copyright owner;
• Breach Your contractual obligations;
• Share Your username and password, let anyone access Your account, or do anything that might put Your account at risk;
• Attempt to access any other user’s account;
• Reproduce, transfer, sell, resell, or otherwise misuse, gain or attempt to gain commercial benefits from any Content from our Services, unless otherwise agreed with Aurachain;
• Access or attempt to access, tamper with, or use areas of our systems, networks or Services which have not been made purposefully available to users by Aurachain;
• Degrade, break or circumvent authentication or security measures or otherwise test the vulnerability of our systems, networks or Services;
• Try to reverse engineer, decompile, alter, adapt, merge, modify, translate, develop versions or derivative works, upgrade, improve or extend, features or functionalities of any portion of the Services;
• Interfere or attempt to interfere with any user, host, or network, for example by sending a virus, overloading, spamming, or mail-bombing or use the Services to distribute malware;
• Promote or facilitate disruptive commercial messages or advertisements;
• Remove, obscure, alter or falsify any Aurachain proprietary markings (such as trademarks or copyright notices), the Terms or any links to the Terms, author attributions, legal notices, or other labels of the origin or source of Content;
• challenge or assist others in challenging Aurachain’s trademarks, or our registration or enforcement of Aurachain trademarks; (ii) attempt to adopt, use, apply for, or register any trademark, service mark, logo, URL, Internet domain name, or symbol that is confusingly similar to Aurachain trademarks; or (iii) make any negative, false, or disparaging statements (whether written or oral) to any third-party about us or our Services;
• Impersonate or misrepresent Your affiliation with any person or entity;
• Otherwise violates the Terms or encourage or help anyone do any of the things on this list.

In its own discretion, Aurachain may (i) remove or modify Content that violates the Terms or (ii) suspend, disable, or terminate a user’s access to all or part of the Services.

“Confidential Information” means information that one party discloses to the other party under these Terms, and which is marked as confidential or would normally under the circumstances be considered confidential information. It does not include information that is independently developed by the recipient, is rightfully given to the recipient by a third party without confidentiality obligations or becomes public through no fault of the recipient.

The recipient will not disclose the Confidential Information, except to Affiliates, employees, agents or professional advisors who need to know it and who have agreed in writing (or in the case of professional advisors are otherwise bound) to keep it confidential. The recipient will ensure that those people and entities use the received Confidential Information only to exercise rights and fulfill obligations under the Terms, while using reasonable care to keep it confidential.

Notwithstanding any provision to the contrary in the Terms, the recipient may also disclose Confidential Information to the extent required under law, governmental regulation, court order, subpoena, warrant, governmental regulatory or agency request, or other valid legal authority, legal procedure, or similar process; provided that the recipient uses commercially reasonable efforts to: (i) promptly notify the other party of such disclosure before disclosing; and (ii) comply with the other party’s reasonable requests regarding its efforts to oppose the disclosure. Notwithstanding the foregoing, subsections (i) and (ii) above will not apply if the recipient determines that complying with (i) and (ii) could: (a) result in a violation of a legal process; (b) obstruct a governmental investigation; and/or (c) lead to death or serious physical harm to an individual.

Aurachain or its suppliers periodically schedule system downtime for the Services for maintenance and other purposes. Additionally, unplanned system outages may occur. You agree that Aurachain and its suppliers have no responsibility for: (a) the unavailability of the Services; (b) any loss of materials, data, transactions or any other information or materials caused by such system outages; (c) the resultant delay, miss delivery, or non-delivery of data, transactions or any other information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation, any companies or servers hosting the Services, any internet service providers, any third party, or any internet facilities and networks.

Limited Warranty

The Services are provided “AS-IS”. Neither Aurachain nor their officers, directors, employees, shareholders, agents or representatives (“Aurachain Parties”) make any express or implied representations or warranties to You or any other person or entity with respect to the Services, whether oral or written, express, implied or statutory. Without limiting the foregoing, any implied warranty or condition of merchantability or fitness for a purpose, and those arising in the course of dealing or usage of trade are expressly excluded and disclaimed. Aurachain does not warrant that use of the Services will be error free or uninterrupted, that errors or defects in the Services will be corrected, or that the Services functionality will meet Your requirements.

Limited Liability

In no event will Aurachain Parties be liable to You or any other person or entity for any indirect, special, incidental, exemplary or consequential damages, for loss of goodwill in any way relating to the Terms or resulting from the use of or inability to use the Services of the performance or non-performance of any Services, including the failure of essential purpose, regardless if Aurachain notified You of the possibility or likelihood of such damages occurring, and whether such liability is based on contract, tort, negligence, strict liability, products liability or otherwise. To the extent permissible under applicable law, Aurachain Parties are not responsible for any loss or damage arising from Your failure to comply with the Terms or due to use of Your account, either with or without Your knowledge, including due to someone else using Your password, prior to You notifying Aurachain of unauthorized access to Your account. Nothing in the Terms limits or excludes our liability for gross negligence, for Aurachain’s (or Aurachain’s Parties’) intentional misconduct, for death or personal injury.

Indemnification

You will indemnify, defend and hold harmless the Aurachain Parties against any loss, damages, fines and expenses (including attorneys’ fees and costs) arising out of or relating to any claims based on (a) Your use or attempted use of the Services in violation of the Terms; (b) Your violation of any law or rights of any third party; or (c) Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

Termination

You may stop using the Services at any time. Termination of Your account does not relieve You of any obligation to pay any outstanding fees (if applicable). Aurachain may, without prior notice to You, immediately terminate, suspend Your right to use and access the Services, or delete Your account, if: (i) Aurachain has reasonable suspicion of Your breach or attempted breach of these Terms; (ii) required to do so by law (for example, where the provision of the Services is, or becomes, unlawful); (iii) You fail to make timely payment for the Services (if applicable); (iv) Aurachain elects to discontinue the Services, in whole or in part; or (v) there has been an extended period of inactivity in Your free account.

Non-Assignment

You may not assign or otherwise transfer these Terms or Your rights and obligations under the Terms, in whole or in part, without Aurachain’s written consent and any such attempt will be void. Aurachain may transfer its rights under these Terms to a third party, in which case these Terms will be updated and made available on the Aurachain website.

Statute of Limitations

To the extent permitted by applicable law, any cause of action arising out of or related to the use of the Services or the Terms must be filed within 1 year after such cause of action arose. Any cause of action which is not filed within such period is permanently barred.