Terms of Service
Welcome to OnChained LLC / OnChained GmbH (“OnChained”, “we”, “us”, “our”). These Terms of Service govern your access to and use of our website(s), our APIs, our services and/or any software, tools, features or functionalities provided on or in connection with our services (“Service”).
For purposes of these Terms of Service, “user”, “you”, and “your” means you as the user of our Service, whether you are an individual or a legal entity.
Please read these Terms of Service carefully. They form a legally binding agreement between you and us. If you do not agree with these Terms of Service, please do not access or use our Service.
We reserve the right to modify these Terms of Service at any time. Any changes will be effective immediately upon publication on our website(s), with an updated effective date. By accessing our Service after any changes have been made, you signify your agreement on a prospective basis to the modified Terms of Service.
2. The Service
The Service aids users in monitoring NFT marketplaces and provides information on various NFTs including, in particular, the current potential value of various NFTs, through the use of proprietary algorithms utilizing publicly available data.
The Service serves educational purposes only and does not serve as financial advice, instruction, solicitation, or an offer to buy or sell any NFT.
We reserve the right in our sole discretion to modify, suspend, or discontinue, temporarily or permanently, the Service (or any features or parts thereof) at any time and without liability as a result.
3. Disclaimer regarding Service Contents and Investment and/or Trading decisions on the Basis of Service Contents
We cannot and do not represent or guarantee that any of the information available through our Service at any particular time is accurate, reliable, current, complete or appropriate for your needs. Various information available through our Service may be obtained by publicly available information from professional businesses or organizations, such as NFT exchanges, news providers, market data providers and other content providers. Due to various factors — including the inherent possibility of human and mechanical error — the accuracy, completeness, timeliness, results obtained from use, and correct sequencing of information available through our Service are not and cannot be guaranteed.
You warrant that you understand the importance of DYOR – Doing Your Own Research. You bear full responsibility for verifying the authenticity, legitimacy, identity, and other details about any NFT, collection, or account that you view or otherwise interact with in conjunction with our Service. We make no guarantees or promises about the identity, legitimacy, or authenticity of any NFT, collection, or account displayed on or linked through the Service.
You accept and acknowledge that the value of an NFT is subjective. Prices of NFTs are subject to volatility and fluctuations in the price of cryptocurrency can also materially and adversely affect NFT prices. You acknowledge that you fully understand this subjectivity and volatility and that you may lose money if you engage in any investment or trading activity with NFTs.
4. Access to the Service
You may gain access to the Service by accessing our website(s) and for some parts of the Service, creating a user account and/or purchasing a membership.
By accessing and using our Service and, if applicable, creating a user account and/or purchasing a membership, you are granted a limited, non-exclusive, non-transferable, non-sublicensable, and personal license to access and use the Service, provided, however, that such license is subject to your compliance with these Terms of Service. If any software, content, or other materials owned by, controlled by, or licensed to us are distributed or made available to you as part of your use of the Service, we hereby grant you a non-commercial, personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and license to access such software, content, and materials provided to you as part of the Service.
Your access and use of the Service may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance, or repair of the Service or other actions that we, in our sole discretion, may elect to take.
You are responsible for providing the mobile device, wireless service plan, software, Internet connections, and/or other equipment or services that you need to download, install, and use the Service. We do not guarantee that the Service can be accessed and used on any particular device or with any particular service plan. We do not guarantee that the Service will be available in any particular geographic location.
5. User Account
You may create a user account by either providing an email address and a user password or using MetaMask. You represent that all information provided by you is accurate and current and you agree to maintain and update your information to keep it accurate and current.
We require all users to be at least 18 years old to create a user account and/or purchase a membership.
You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur in your account. Please be aware of scammers and note that OnChained will never contact you to ask you for your user account details or wallet seed phrase.
You agree to use the Service only for lawful purposes and comply with any applicable laws. You agree that OnChained has the right to immediately pause or cancel your access to your user account if OnChained suspects that (i) your user account is being used for any illegal activity or (ii) you have violated these Terms of Service.
6. Paid Memberships
6.1 Membership Plans
Some parts of the Service are available only with a paid membership. You will be billed in advance on a recurring and periodic basis, depending on the type of membership plan you select when purchasing the membership.
We offer two different membership plans: (i) Standard and (ii) Premium. These membership plans offer different levels of access to the Service.
You may purchase a membership either over the payment service provider Stripe Inc. (payments with fiat currencies using a credit card) or Utrust/MODERNlTYPARTY OÜ (payments with crypto currencies).
6.2 Automatic Renewal
At the end of each period, your membership will automatically renew under the exact same conditions unless you or we cancel it.
6.4 Membership Fees
The current fees for our membership plans are displayed under https://nft.onchained.com/pricing.
OnChained, in its sole discretion and at any time, may modify the membership fees. Any membership fee change will become effective at the end of the then-current membership period.
In case of an increase in membership fees, we will terminate your running membership at the end of the then-current membership period. You may then choose to subscribe to the new membership plan.
Except when required by law, paid membership fees will not be refunded.
The Service, including its “look and feel” (e.g., text, graphics, images, logos, page headers, button icons, and scripts), proprietary content, information and other materials, and all content and other materials contained therein, including, without limitation, the OnChained logo and all designs, text, graphics, pictures, data, software, sound files, other files, and the selection and arrangement thereof are the proprietary property of OnChained, or our affiliates, or services, websites or users linked through our Service, as applicable. You agree not to take any action(s) inconsistent with such ownership interests.
OnChained’s name, logo, trademarks, and any OnChained product or service names, designs, logos, and slogans are the intellectual property of OnChained, or our affiliates, or licensors and may not be copied, imitated or used, in whole or in part, without our prior written permission in each instance. You may not use any metatags or other “hidden text” utilizing “OnChained” or any other name, trademark or product or service name of OnChained or our affiliates or licensors without our prior written permission. In addition, the “look and feel” of the Service constitutes the service mark, trademark or trade dress of OnChained and may not be copied, imitated or used, in whole or in part, without our prior written permission.
All other third-party trademarks, registered trademarks, and product names mentioned on the Service or contained in the content linked to or associated with any NFTs displayed on the Service are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable intellectual property rights holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by OnChained.
4. User Conduct
You agree that you will not violate any law, contract, intellectual property or other third-party right, and that you are solely responsible for your conduct and content, while accessing or using the Service. You, in particular, agree that you will not:
- Use or attempt to use another user’s account without authorization from such user;
- Distribute spam, including through sending unwanted NFTs to other users;
- Use the Service in any manner that could damage, disable, overburden, or impair the functioning of the Service;
- Attack the Service via a denial-of-service attack or a distributed denial-of-service attack;
- Use any data mining, robot, spider, crawler, scraper, script, browser extension, offline reader, or other automated means or interface not authorized by us to access the Service, extract data, or otherwise interfere with or modify the rendering of Service pages or functionality;
- Reverse engineer, duplicate, decompile, disassemble, or decode any aspect of the Service, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any service, area, or code of the Service;
- Attempt to circumvent any OnChained membership fee systems;
- Impersonate or attempt to impersonate OnChained, OnChained employees, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing);
- License, sell, resell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service, whether in whole or in part, or any content displayed on the Service, in particular, any price estimates provided by the Service;
- Use the Service or data collected from our Service for any advertising or direct marketing activity (including without limitation, email marketing, SMS marketing, social media marketing, and telemarketing) without our explicit consent;
- Modify or make derivative works of, any part of the Service;
- Use the Service to engage in price manipulation, fraud, or other deceptive, misleading, or manipulative activity;
- Infringe or violate the intellectual property rights or any other rights of others; and/or
- Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service.
9. Liability and Indemnification
To the maximum extent permitted by law, in no event shall OnChained be liable to you or any third party for any direct or indirect losses, such as, but not limited to, lost profits revenue or capital, lost data, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these Terms of Service or your use of, or inability to use, the Service, content or information accessed via the Service, or any disruption or delay in the performance of the Service.
Access to, and use of, the Service is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
You agree to indemnify and hold OnChained and our subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content made available through the Service, your use of the Service, your connection to the Service, your violation of these Terms of Service, or your violation of any rights of another.
10. The Termination
If you breach any of the provisions of these Terms of Service, your membership will terminate automatically and your user account will be deleted. In any such event you will not be entitled to a refund of any amounts that you have already paid to us.
11. General Terms
11.1 Data Protection
If any provision of these Terms of Service (or any portion thereof) is determined to be invalid or unenforceable, the remaining provisions of these Terms of Service shall not be affected thereby and shall be binding and enforceable, as though said invalid or unenforceable provision (or portion thereof) were not contained in these Terms of Service.
You may not assign or transfer any rights hereunder without the prior written consent of OnChained.
11.4 Governing Law and Jurisdiction
These Terms of Service shall be governed by and construed in accordance with the laws of Switzerland, excluding the provisions of the United Nations Conventions for the International Sale of Goods (CISG).
Any disputes arising in connection with these Terms of Service shall be subject to the exclusive jurisdiction of Swiss courts.
If you are a consumer whose country of habitual residence is an EU Member State, you may bring any legal proceedings or dispute which may arise under or in respect to these Terms of Service in Swiss courts, or to the competent court of your country of habitual residence. We shall bring any legal proceedings or dispute which may arise under or in respect to these Terms of Service to the competent court of your country of habitual residence if such country of habitual residence is an EU Member State, or otherwise the Swiss courts.
11.5 Entire Agreement
These Terms of Service constitute and contain the entire agreement between you and OnChained and supersedes any prior or contemporaneous oral or written agreements. Each party acknowledges and agrees that the other has not made any representations, warranties or agreements of any kind, except as expressly set forth in these Terms of Service.