TERMS OF USE

Welcome to EOSPortfolio! We appreciate Your choice of using EOSPortfolio Application.

Please read carefully these Terms of Use (the “Terms”) before using the services offered by EOSPortfolio. These Terms constitute a legally binding agreement between Kepler Technologies GmbH, registration No. CHE-395.347.099, a company registered at Sumpfstrasse 26, 6312 Steinhausen (also “EOSPortfolio”, “we”, “us”) and User (also “you”, “your”), which governs your use of EOSPortfolio Application (the “Application”). By downloading and accessing this Application, you agree to be bound by these Terms and EOSPortfolio Privacy Policy (the “Policy”). The Policy shall be an integral part of these Terms. Your downloading of the Application from the Apple App Store or other app stores is also governed by the respective terms of use and other accompanying documents of Apple App Store or other app stores.

SERVICES

The Application provides you with the services of the Portfolio Manager for the EOS assets. After downloading the Application from the Apple App Store or other app stores, you may enter the EOS Public Keys, details of your EOS accounts or your txid's obtained from Third-Party Sources, thus, allowing the Application to synchronize the assets from the entered sources and display them on your device. The Application will provide you with your overall assets analytics, auto updates of the amount of your EOS assets, historical performance statistics, cross-portfolio analysis and other services, aimed at facilitating the management of your EOS assets data. The Application does not collect any of the data as to your assets, it is stored solely on your device, and the data from the Third-Party Sources is transmitted directly to your device. For more information please refer to the Privacy Policy.

THIRD-PARTY CONTENT

THE APPLICATION USES THE INFORMATION PROVIDED BY THE THIRD-PARTY SOURCES, SUCH AS CRYPTO-EXCHANGES, COINMARKETCAP.COM., BLOCKCHAIN EXPLORER ETC. THEREFORE, THE DATA DISPLAYED IN THE APPLICATION DEPENDS COMPLETELY ON THE DATA, AUTOMATICALLY TRANSMITTED FROM THESE THIRD-PARTY SOURCES. FOR THIS REASON, WE DISCLAIM ALL AND ANY LIABILITY AS TO THE ACCURACY AND PROMPTNESS OF THE DATA PROVIDED BY THESE THIRD-PARTY SOURCES, DISPLAYED IN THE APPLICATION.

YOUR CONTENT

We do not require registration for the use of the Application. You decide on your sole discretion, which data (e.g. API Keys, crypto-wallet addresses) to enter, as well as its capacity. We do not store, transmit, use or otherwise access this data. Please, for more information refer to the Privacy Policy.

If your device supports the respective technical features, you may set up the FaceID or TouchID authentication, in order to access the Application. We do not store any such data, collected for the authentication. Please, consult the respective terms of use and privacy policies of your devices or other applications related.

SUBSCRIPTIONS AND FEES

The Application may require you to subscribe for one of the Subscriptions, to continue the use of the Application after the free-trial period. The terms and conditions of such Subscriptions, including the payments and refunds policy shall be displayed either before you perform the payment in the Application or before the payment in the Apple App Store or other app stores and shall be an integral part hereof. Please, read such terms and conditions carefully before performing the payment. The Apple App Store or other app stores payment and refunds policy shall also apply to you.

REPRESENTATIONS AND WARRANTIES

To ensure the proper use of the Application, you hereby expressly covenant, represent and warrant, that:

  1. You reached the age of legal capacity for the use of Application, comply with all other eligibility and residency criteria under these Terms, Applicable Law and local laws of your residency.
  2. You have the full capacity and legal competence to use the Application and to contract, under the Applicable Law and law of the country of your residence, with EOSPortfolio and in doing so will not violate any other agreement, which you are a party to.
  3. Your experience with, and understanding of, the usage and complexity of cryptographic tokens, cryptocurrency and Blockchain-based systems, their storage and transmission mechanisms and full framework are significant and sufficient, and you solely take full responsibility for any risks, assumptions and decisions involved.
  4. If you are representing a corporation, governmental organization or other legal entity, you have the legal right, power and authority, confirmed by respective documents to enter into these Terms on behalf of such legal entity and bind them by these Terms.
  5. You have never conceivably been engaged in any fraudulent, deceptive and illegal activity, including but not limited to: money laundering and the financing of terrorism.
  6. You will not perform acts aimed at a breach of the normal functioning of the Application, both by means of software and through your direct acts within the Application, or perform any other illegal acts.
  7. You are solely responsible for granting the access to the Application to any third parties and the consequences thereof.

If you breach any of the covenants, representations and warranties under these Terms or the Applicable Law, we may terminate your use of the Application and take legal actions under the Applicable Law and these Terms.

INTELLECTUAL PROPERTY

The Application is the property of EOSPortfolio, and is protected by copyright, patent, trade secret and other intellectual property laws. EOSPortfolio and its licensors retain any and all rights, title and interest in and to the Application (including, without limitation, all Intellectual Property Rights), including all copies, modifications, extensions and derivative works thereof. Your right to use the Application is limited to the rights expressly granted by these Terms. All rights not expressly granted to the you are reserved and retained by EOSPortfolio and its licensors.

DISCLAIMERS OF WARRANTIES

You expressly understand and agree that you use the Application at your own risk. The services of the Application are provided on an “as-is” and “as-available” basis. EOSPortfolio expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. EOSPortfolio makes no warranty that the services will be uninterrupted, timely, or error free. Use of any obtained material through the Application shall be at your own discretion and risk.

No advice or information, whether written or oral, obtained by you from EOSPortfolio, its employees or representatives shall create any warranty, not expressly stated in the Terms.

Due to the risk, related to the use of Cryptocurrencies and Blockchain-based systems, which you covenant to be aware of, EOSPortfolio shall not be deemed liable, and we disclaim any and all our responsibility for your unavailability or restrictions to use the Application due to any social, political, regulatory reforms, possible changes and risks, which may somehow affect Blockchain-based technologies and are out of our direct or absolute control, and, consequently, partly or absolutely restrict you from accessing and/or using the Application.

LIMITATION OF LIABILITY

EXCEPT AS OTHERWISE REQUIRED BY LAW, IN NO EVENT SHALL EOSPORTFOLIO, OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR APPLICATION OR THE EOSPORTFOLIO MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM EOSPORTFOLIO, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO EOSPORTFOLIO’S RECORDS, PROGRAMS OR APPLICATION.

IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. YOU UNDERSTAND AND AGREE THAT IT IS YOUR OBLIGATION TO ENSURE COMPLIANCE WITH ANY LEGISLATION RELEVANT TO YOUR COUNTRY OF DOMICILE CONCERNING THE USE OF THE APPLICATION, AND THAT YOU SHOULD NOT ACCEPT ANY LIABILITY FOR ANY ILLEGAL OR UNAUTHORIZED USE OF THE APPLICATION. YOU AGREE TO BE SOLELY RESPONSIBLE FOR ANY APPLICABLE TAXES IMPOSED DUE TO THE USE OF THE APPLICATION UNDER YOUR TAX RESIDENCY REGULATIONS.

INDEMNIFICATION

You hereby agree to indemnify EOSPortfolio, any of its officers, directors, employees and agents and its affiliated and related entities from and against any claims, costs, losses, liabilities, damages, expenses and judgments of any and every kind arising out of, relating to, or incurred in connection with any claim, complaint, audit, inquiry, or other proceeding, that arises or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms; (b) your wrongful or improper use of the Application; (c) any other party’s access or use of the Application with your information; (d) arising out of a breach of any warranty, representation, or obligation hereunder.

You shall not have any claim of any nature whatsoever against EOSPortfolio for any failure to carry out any of our obligations under these Terms as a result of Force Majeure – causes beyond our control, including but not limited to any strike, lockout, shortage of labor or materials, delays in transport, in securing any permit, consent or approval required by EOSPortfolio, for the supply of products, delay by any sub-contractor or supplier of ours, accidents of any kind, riot, political or civil disturbances, the elements, by an act of state or government, including regulatory action imposed or any other authority, or any other cause whatsoever beyond our absolute and direct control.

AMENDMENTS

We reserve the right to modify, amend or otherwise change these Terms from time to time if doing so will be deemed necessary in order to comply with the applicable laws and actual circumstances of the functioning of the Application, so please periodically check this page to ensure that you’re satisfied with any changes. Additional notifications on any amendments will pop-up when using the Application after the amendments were made. If within one week after such notification has been shown to you you continue to use the Application, you will be considered as having accepted all the amendments, unless there is an obligation imposed on EOSPortfolio by an applicable law to obtain your explicit consent to the amendments.

APPLICABLE LAW AND DISPUTE RESOLUTION

These Terms and other relationships between you and EOSPortfolio shall be governed by the law of England and Wales.

All disputes and disagreements that might arise from these Terms shall be resolved by means of negotiations. You agree that for the purposes of the settlement of disputes between you and EOSPortfolio, an e-mail correspondence with the authorized persons of EOSPortfolio at: privacy@kepler.finance shall be the effective and binding method of communication.

If the Parties cannot agree on the subject of the dispute within thirty (30) days, the dispute shall be shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be London. The language to be used in the arbitral proceedings shall be English. The governing law of the contract shall be the substantive law of England and Wales.

MISCELLANEOUS

Severability. These Terms shall supersede any other arrangements between the parties as well as all prior versions thereof. Should any provision of these Terms (a clause or a statement within a clause) be void, unenforceable or legally invalid otherwise, it shall not affect any other provision hereof, or these Terms as a whole.

Waivers. Our failure to assert any right or provision in these Terms shall not constitute a waiver of such right or provision, and no waiver of any term shall be deemed a further or continuing waiver of such or other term.

Termination. These Terms and shall be valid till terminated by either party. Notwithstanding anything contained herein, we reserve the right, without notice and at our sole discretion, to terminate these Terms or suspend your right to access the Application, including (but not limited to) in case of your breach of these Terms or if EOSPortfolio believes you have committed fraud, negligence or other misconduct.

Headings. Headings of the Sections are for convenience only and shall not be used to limit or construe such sections. All the sections in the agreement shall survive any termination or expiration of these Terms.

Contact. Should you have any questions regarding the use of the Application or regarding these Terms, please send us an e-mail at: privacy@kepler.finance or contact us at: Kepler Technologies GmbH, registration No. CHE-395.347.099, Sumpfstrasse 26, 6312 Steinhausen, Switzerland.