Terms and Conditions
Version as of March 01, 2023
1. Introduction
1.1. Thank you for using our Application and the Service. These Terms and Conditions (the “Terms”) serve to govern your access to and use of the Application and the Service. Capitalized words are defined in the relevant dedicated section herein.
1.2. The entity providing the Application and the Service to you is CLAIMR SOFTWARE LTD, a legal entity established and operating under the laws of Cyprus, registration address: Georgiou A, 14, Flat/Office 15 Germasogeia River, 4047, Limassol, Cyprus (hereinafter – “we”, “us”, “our” or “Owner”).
1.3. If you use our Service, you agree to be legally bound by these Terms, which constitute a contract between you and us. You also represent and warrant that you have the will, right, authority and capacity to enter into, and to be bound by, these Terms and to abide by the provisions hereof. These Terms supersede any and all other agreements, whether oral or in writing, regarding the Service provision and no supplement, modification or amendment of these Terms shall be binding unless it is stipulated herein.
1.4. If you have any questions about this contract or the Service, please contact us as defined in the “Contact us” section herein. Any translation of the Terms from time to time available is meant to aid you in understanding the said terms, and do not in any way result in application of the local laws in your country of residence or operation.
1.5. To improve the quality of Service, to comply with legal requirements and to respond to changes in market conditions we may update and change these Terms from time to time. The new version of the Terms comes into force from the moment of its placement on our website. In this case, we undertake to notify you of the changes altering the content of these Terms by posting a notice or by sending it to your e-mail address at least fifteen (15) calendar days prior to such changes. During that period, you have a right to agree or disagree with them. The period of such notice may be extended at our discretion in case of significant changes, or may be reduced if such changes are required by national law. By continuing to use the Service, you accept these Terms of service as amended. Ensure that you read these Terms each time you wish to use our Service. If you refuse to accept updates to these terms of service, you should not visit the Application and use the Service. You undertake to delete your account and terminate use of the Application and the Service in such a case.
For some changes or updates of these Terms that we need to make in connection with security, legal or regulatory requirements, we may not be able to notify you in advance but we will notify you afterwards as soon as possible.
1.6. These Terms contain an arbitration clause and a waiver of rights to bring a class action against us.
1.7. Nothing in these Terms creates any relationship of employment, agency, or partnership between the involved parties.
2. Age restrictions
2.1. The Application and the Service can be used only by people of 18 (eighteen) years old and over (or other age of maturity in your jurisdiction). For example, if you are a User from Indonesia, the use of the Service is only allowed if you are 21 (twenty-one) years old.
2.2. If you are under the age of 18 (or other age of maturity in your jurisdiction) you must not access the Service and you must not create an account.
3. User Accounts
3.1. In order to use the Service, Users must first register or establish a User account and provide all needed data or information in a comprehensive and truthful way.
3.2. Users may also use the Service without registering or creating a User account, however, this may cause limited availability or full unavailability of certain features or functions.
3.3. Users are responsible for keeping their login credentials private and secure. Users must select passwords that satisfy the maximum requirements of strength authorized by this Application.
3.4. By registering, Users agree to be fully responsible for all activities that occur under their username and password. Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen. We will not be responsible for any loss or damage as a result of someone else using your account with or without your knowledge.
3.5. You hereby represent and warrant that (i) you are not located in a country that is subject to EU and/or U.S. Government embargo, or that has been designated by the EU and/or U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any EU and/or U.S. Government list of prohibited or restricted parties.
3.6. Access to our Application and/or Services is not permitted to any person in any jurisdiction (by way of nationality, residence, domicile or otherwise) where the publication or availability of the Application and/or the Service (or part thereof) would be in contravention of any applicable law or regulation. We make no representation that any material contained on the Application and/or the Service is appropriate for any jurisdiction. You are responsible for compliance with all applicable local laws.
3.7. Users can terminate their account and stop using the Service at any time by directly contacting the Owner at the contact details provided in this document.
4. Account suspension and deletion
4.1. We have the right to suspend or terminate any User's account at any time and without notice, at our sole discretion, at any of the following cases:
● User has violated these Terms;
● User's access or use of this Application may cause damage to us, other Users or third parties;
● the use of this Application by the User may cause violation of law or regulations;
● in case of an investigation by legal action or governmental involvement;
● the account or its use is deemed to be, at our sole discretion inappropriate or offensive or in violation of these Terms.
4.2. The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, reward, damages or reimbursement.
5. Content on this Application
5.1. Unless where otherwise specified or clearly recognizable, all content available on the Application is owned or provided by the Owner or its licensors.
5.2. We do not promise that the Service is compatible with any third-party software or equipment except where we have otherwise said that it is.
5.3. You acknowledge that there may be errors or bugs in the Service. We will use reasonable efforts to ensure the availability of the Service without significant interruptions, however, you acknowledge and agree that the Service may from time to time be completely or partially unavailable for reasons of planned or unplanned downtime, for maintenance or in case of technical issues.
6. Intellectual property rights
6.1. Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to the Application or the Service are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
7. Access to third-party resources
7.1. Using this Application, Users may have access to third-party external resources. Users understand and accept that the Owner has no control over such resources and is hence not responsible for their content or availability.
7.2. Terms and restrictions applicable to the use of any third-party resources, are governed by such third parties’ terms and conditions.
8. Acceptable use
8.1. This Application and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
8.2. Users are solely responsible for making sure that their use of this Application and/or the Service violates no applicable law, regulations or third-party rights.
8.3. As a condition of your use of the Service, you agree not to use the Service:
8.3.1. if you do not agree to comply with these terms of service or any part thereof;
8.3.2. if you are below the age of 18 years old (or other age of maturity defined by applicable law);
8.3.3. for any purpose that is unlawful under any applicable law or prohibited by these Terms;
8.3.4. to commit any act of fraud;
8.3.5. to distribute viruses or malware or other similar harmful software code;
8.3.6. for purposes of promoting unsolicited advertising or sending spam;
8.3.7. to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);
8.3.8. in any manner that disrupts the operation of our Service or business or the website or business of any other entity;
8.3.9. in any manner that harms children;
8.3.10. to promote any unlawful activity;
8.3.11. to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
8.3.12. to gain unauthorised access to or use of computers, data, systems, accounts or networks; or
8.3.13. to attempt to circumvent password or user authentication methods.
8.4. Using our Service, you also agree and undertake not to:
8.4.1. make copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works based on the Service;
8.4.2. distribute, license, transfer, or sell, in whole or in part, any of the Service or any derivative works thereof;
8.4.3. copy, download, share (beyond the limits set forth herein), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on the Service, nor allow any third party to do so through your device;
8.4.4. incorporate the Application or any portion thereof into any other program or product;
8.4.5. extract any data from the Service for commercial purposes including by using a specialized software;
8.4.6. impersonate any person or entity, falsely state or otherwise misrepresent you or your affiliation with any person or entity;
8.4.7. defame, abuse, harass, stalk, threaten, bully, or otherwise violate legal rights (such as, but not limited to, rights of privacy and publicity) of any other user or person, or use information learned to perform the aforementioned;
8.4.8. infringe intellectual property rights of any person in any manner while using the Service.; or
8.4.9. use the Service to either intentionally, recklessly or negligently upload, transmit, distribute, store:
● content which may breach applicable laws or which infringes any other person’s rights;
● unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail”, “chain letters”, “pyramid schemes”, or any other prohibited form of solicitation;
● content which may infringe any copyright, trade mark or other intellectual property rights of any other person;
● content which infringes privacy rights of any other person;
● content which is defamatory, profane, infringing, obscene, pornographic, unlawful (e.g., drug use or other criminal activity), offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals;
● content that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm;
● content which facilitates the sale of marijuana or marijuana products, regardless of legality in your jurisdiction;
● content with child sexual abuse imagery (e.g., pedophilia or inappropriate interaction targeted at a minor);
● content that is designed to provoke or antagonize people, like trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset another person;
● content that contains a threat of any kind;
● content that is racist or discriminatory;
● content that promotes terrorist acts, incites violence, or celebrates terrorist attacks;
● content that that promotes unapproved substances, such as false or misleading health claims or products that have been subject to any government or regulatory action or warning;
● content that provides instructions for the manufacture of explosives, firearms, ammunition, restricted firearm accessories, or other weapons;
● content that facilitates the sale of tobacco (including e-cigarettes and vape pens) or encourages the illegal or inappropriate use of alcohol or tobacco, such as imply that consuming tobacco can improve social, sexual, professional, intellectual, or athletic standing;
● opinions or recommendations that you are not qualified to provide.
8.5. Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to this Application or the Service, terminating contracts, reporting any misconduct performed through this Application or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the abovementioned.
8.6. We reserve the right to refuse to process, or to cancel, correct, clawback, or reverse, any token transaction, token conversion, etc. at our sole discretion at any time, in response to a subpoena, court order, or other government order, or if we suspect that your conduct may involve fraud, misconduct, money laundering, terrorist financing, or any other type of financial crime, be erroneous, or relate to not acceptable use of the Service as set forth in these Terms.
8.7. We may generate revenues, increase goodwill or otherwise increase our value from your use of the Service. You confirm and agree that, except as specifically permitted by us in these Terms or in another agreement between you and us, you will have no right to any such revenue, goodwill or value (or any their part) whatsoever.
8.8. You acknowledge and agree that you are using the Service at your own risk. The content on the Service is provided for general information only. It is not intended to be an advice on which you can rely. You must obtain professional advice before taking or refraining from any action on the basis of the content on the Service. Although we make reasonable efforts to update the information on our Application, we make no representations, warranties or guarantees, whether express or implied, that the contents are accurate, complete or up to date. The content on Application is not an invitation or inducement to engage in investment nor an offer or a solicitation to conduct investment business, as it might be considered so under applicable securities laws.
8.9. Using the Service, you may interact with other users. You are solely responsible for all your interactions with the Application and other users. You acknowledge and agree that we will not be responsible for the actions of any users with respect to any other user.
8.10. You acknowledge and agree that you will be entirely responsible for establishing whether the provision of any tokens/cryptocurrencies or similar, to you, their exchange capabilities, use and probable appreciation or depreciation thereof over time, has any legal or tax implications for you in your home jurisdiction and you agree not to hold us liable for any such liability that may arise. You must seek your own legal and/or professional tax advice in connection with your receipt and using of any tokens/cryptocurrencies or similar.
8.11. You further acknowledge and agree that any tokens/cryptocurrencies or similar, received by you through the Application or by means of the Service, are not to be construed, interpreted, classified or treated as: (i) any kind of currency, including e-money; (ii) debentures, stocks or shares issued by us; (i) rights, options or derivatives in respect of such debentures, stocks or shares; (ii) rights under a contract for differences or under any other contract the purpose or pretended purpose of which is to secure a profit or avoid a loss; (iii) units in a collective investment scheme; (iv) units in a business trust; (v) derivatives of units in a business trust; or (vi) any other security, class of securities or form of investment (whether regulated or otherwise); (vii) any kind of stocks or shares in any other legal entity. You further acknowledge and agree that nothing contained herein or on our Application is an invitation or inducement to engage in investment activity, nor an offer or a solicitation to conduct investment business, as it might be considered so under the applicable legislation.
9. Software license
9.1. All intellectual property rights on the software related to this Application and the Service are held by the Owner and/or its licensors.
9.2. The Owner merely grants Users a revocable, non-exclusive, non-sublicensable, and non-transferable license to use the software and/or any other technical means embedded in the Service within the scope and for the purposes of this Application and the Service offered, subject to Users' compliance with and despite any divergent provision of these Terms.
9.3. Users are not granted permission to use, disclose, or access the original source code under this license. The Owner or its licensors are the sole owners of the software's techniques, algorithms, procedures, and related documentation.
9.4. All rights and license grants to Users shall immediately terminate upon any termination or expiration of the Agreement or termination of User’s account for whatever reason.
10. API usage terms
10.1. Through the Application Program Interface (API), users can access their data related to this Application. Any use of the API, including use of the API through a third-party product/service that accesses this Application, is governed by these Terms, and the User expressly understands and agrees that the Owner bears no responsibility and shall not be held liable for any damages or losses incurred as a result of the User's use of the API or use of any third-party products/services that access data via the API.
11. No warranties
11.1. The Service is provided on an “as is” basis and we make no representations, warranties or guarantees, whether express or implied to you with respect to them. In particular, we make no commitments or warranties to you that (i) the Service will meet your requirements or expectations; (ii) your use of the Service will be uninterrupted, timely, secure or free of error; (iii) any information obtained by you as a result of your use of the Service will be reliable.
11.2. To the fullest extent permitted by applicable law, all disputes that you may have with any third party in connection with your use of the Application or the Service is only between you and such third party. You irrevocably release us and our affiliates from any and all claims, demands and damages (actual and consequential) of every kind and nature, arising out of or in connection with such disputes.
12. Your privacy and personal information
12.1. Our Privacy Policy is available at https://claimr.io/privacy-policy.
12.2. Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
13. Limitation of our liability
13.1. You acknowledge and agree that we are only willing to provide you the Service if you agree to certain limitations of our liability to you and third parties. Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, and to the fullest extent permitted by law we are not legally responsible for any:
13.1.1. Loss or damage caused by civil wrongs (including negligence), breach of contract or otherwise;
13.1.2. Loss of profit;
13.1.3. Loss of salary, benefits or other payments;
13.1.4. Loss of goodwill;
13.1.5. Loss of opportunity;
13.1.6. Loss of data or submission;
13.1.7. Business interruption;
13.1.8. Loss of business reputation;
13.1.9. Direct, indirect or consequential losses of whatever nature;
13.1.10. Loss of tangible property;
13.1.11. Loss of intangible property, including loss, corruption or damage to data or any computer system;
13.1.12. Wasted management or office time;
13.1.13. Losses that were not foreseeable to you and us when the contract was formed;
13.1.14. Losses that were not caused by any breach on our part; or
13.1.15. Any content or information submitted by users of the Services and published by us, or on our behalf.
13.2. Subject to clause 13.1., if, notwithstanding the foregoing exclusions, it is determined that we are liable for damages, in no event will our aggregate liability, whether arising in contract, tort, strict liability or otherwise be greater than USD 100.
13.3. Subject to clause 13.1. we exclude all implied conditions, warranties, representations or other terms that may apply to our Service, Application or any content thereon.
13.4. We assume no responsibility for any third-party content. Where our Application contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites and resources or any information you may obtain from them. We have no control over the content of these websites or resources and you agree that we are not responsible for any loss or damage whatsoever that may come from your use of these websites and resources. You agree to release us from any claims or disputes that may come from using such websites or resources.
14. Indemnification
14.1. You agree to defend, indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from:
● your use of and access to the Service, including any data or content transmitted or received by you;
● your violation of these Terms, including, but not limited to, your breach of any of the representations and warranties set forth in these Terms;
● your violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
● your violation of any statutory law, rule, or regulation;
● any content that is submitted from your account, including third party access with your unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
● your willful misconduct.
15. Governing law and dispute resolution
15.1. This Agreement shall be construed and interpreted in accordance with English law.
15.2. If any dispute arises out of or in connection with this Agreement, the parties to such dispute shall attempt in good faith to settle the same by friendly negotiation within 30 days.
15.3. In the event an amicable settlement should not be reached, any dispute, disagreement, question or claim arising out of or in connection with the execution of this Agreement, including any question regarding its existence, validity or termination, shall be exclusively and settled by arbitration in accordance with the Arbitration Rules of the SCC Arbitration Institute for the time being in force, which rules are deemed to be incorporated by reference in this clause.
The seat of the arbitration shall be Stockholm.
The Tribunal shall consist of one arbitrator.
Language of the arbitration shall be English.
15.4. You agree that regardless of any applicable statute or law to the contrary, any claim or cause of action arising out of or in connection with your use of the Service or these terms of service must be filed within 2 (two) years after such claim or cause of action arose or be forever and fully barred.
15.5. You agree that any claim shall be limited to the dispute between us and you individually. To the fullest extent permitted by law, (i) no litigation shall be joined with any other; (ii) there is no right or authority for any dispute to be resolved on a class-action or collective-action basis or to utilize class or collective action procedures; (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons; and if the dispute is subject to arbitration, the arbitrator shall not have authority to combine or aggregate similar claims or conduct any class or collective action.
16. General provisions
16.1. No Waiver. The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
16.2. Service interruption. We will use all reasonable efforts to ensure that the Service is free from defects, viruses and other malicious content. To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately. Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law. Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (e.g. labor actions, infrastructural breakdowns or blackouts etc.).
16.3. Feedback. In case you will send us any notice or feedback containing ideas for products, services or features, or any related documentation, artwork, computer code, diagrams, or other materials, you agree that:
● the information provided by you will be deemed non-confidential and no confidentiality obligations may be imposed on us regardless of what you have mentioned in your notice to us;
● you irrevocably grant us an unconditional, exclusive, royalty-free, fully transferable (including sub-licensable), perpetual worldwide and unlimited license to adapt, reproduce, distribute, create derivative works of, modify, publicly perform, communicate to the public, make available, display, and otherwise use the information provided by you without any restrictions and free of charge;
● we have no obligation to review, consider, or reply to you, unless otherwise established by the applicable legislation.
16.4. Advertising from third parties. Our Application may contain advertising from third-party advertisers and sponsors. Such advertisers and sponsors are fully responsible for complying with applicable laws, rules, regulations and guidelines, with respect to the content they submit to the Application and with respect to the product or service they advertise. We will not be responsible for any illegal or incorrect actions of the advertisers and sponsors.
16.5. Assignment of contract. We may freely assign, sub-contract and/or otherwise transfer any or all of our rights and/or obligations under these Terms to any other person, company, trust or similar establishments. You may not transfer your rights or obligations under these Terms to anyone else unless you obtain our prior written approval.
16.6. Third party rights. No one other than a party to this contract has any right to enforce any term of this contract, except as otherwise directly stipulated herein.
16.7. Contacts. All communications relating to the use of this Application must be sent using the contact information stated in this document.
16.8. Severability. If any part of these Terms is, at any time, found to be invalid by a court, tribunal or other forum of competent jurisdiction, or otherwise rendered unenforceable, that decision shall not invalidate or void the remainder of these Terms.
16.9. California Users. In case you are a resident of California, you shall be aware that: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at the contact information set forth at https://www.dca.ca.gov
16.10. Surviving provisions. This Agreement shall continue in effect until it is terminated by either this Application or the User. Upon termination, the provisions contained in these Terms that by their context are intended to survive termination or expiration will survive, including but not limited to the following:
● the User’s grant of licenses under these Terms shall survive indefinitely;
● the User’s indemnification obligations shall survive for a period of five years from the date of termination;
● the disclaimer of warranties and representations, and the stipulations under the section containing indemnity and limitation of liability provisions, shall survive indefinitely.
17. Contact Us
You can contact us by post or email if you have any questions about these Terms or our Service.
Our contact details are shown below:
Name: CLAIMR SOFTWARE LTD
Postal address: Georgiou A, 14, Flat/Office 15 Germasogeia River, 4047, Limassol, Cyprus
Email: info@claimr.io
18. Definitions
Application - refers to
● this website, including its subdomains and any other website through which the Owner makes its Service available;
● applications for mobile, tablet and other smart device systems;
● the Application Program Interfaces (API);
● any applications, sample and content files, source code, scripts, instruction sets or software included as part of the Service, as well as any related documentation.
Service - The service provided by this Application as described in these Terms and on this Application.
User (or You) - Indicates any natural person or legal entity using this Application.