Clovyr LLC (“Clovyr”) offers tools to access, create, deploy, manage, and extend decentralized applications. You agree to these Terms of Service (“Terms”) by installing or using our apps, services, or website (together, “Services”), and by doing so, these Terms become a binding agreement between you and Clovyr. If you use our Services on behalf of your employer, then these Terms become a binding agreement between your employer (“you”) and Clovyr. If you do not have the authority to bind your employer to these Terms, you are not authorized to use our Services on behalf of your employer.
Minimum Age. You must be at least 18 years old to use our Services, unless your legal guardian enters into this Agreement and grants you permission to access their account. The minimum age to use our Services without parental approval may be higher in your home country.
Account Registration. Some of our Services require that you sign up for an account and/or downloand and install our software. Your use of that account and/or software will be subject to additional terms and conditions (e.g. payment terms, additional required information, etc.) that will be presented to you for acceptance at the time of account creation or download.
Software. In order to enable new features and enhanced functionality, you consent to allow us to download and install updates to the software you’ve installed to use our Services.
Fees and Taxes. You are responsible for all Internet access, data, and mobile carrier fees and taxes associated with the devices on which you use our Services.
Our Terms and Policies. You must use our Services according to our Terms and posted policies. If we disable your account for a violation of our Terms, you may not create another account without our permission.
Legal and Acceptable Use. You agree to use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate or infringe the rights of Clovyr, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) involve engaging in illegal transactions of any kind; or (c) involve sending illegal or impermissible communications that harm Clovyr, or third parties, including without limitation any action that harms the public Ethereum network or a private consortium ledger.
Harm to Clovyr. You must not (or assist others to) access, use, modify, distribute, transfer, or exploit our Services in unauthorized manners, or in ways that harm Clovyr, our Services, or systems. For example, you must not (a) gain or try to gain unauthorized access to our Services or systems; (b) disrupt the integrity or performance of our Services; (c) create accounts for our Services through unauthorized or automated means; (d) collect information about our users in any unauthorized manner; (e) sell, rent, or charge for our Services; or (f) access our Services for the purposes of creating a competing service.
Keeping Your Account Secure. Clovyr embraces privacy by design. You are responsible for keeping your device and your Clovyr account safe and secure. If you lose access to or control of your phone or other device used to access our Services, follow the steps on our Support site to either reset your account password (if applicable) or utilize our optional encrypted device management tools. You agree and understand that it is your obligation to backup any application data that may be used by or provided to the Services, as the Services are not designed to be a dedicated, always-available system.
Third-party services. Our Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. When you use third-party services, their terms and privacy policies govern your use of those services.
Your Rights. You own the information you submit through our Services, subject to any underlying rights in such information that may belong to third parties.
Clovyr’s Rights. We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our written permission. To report copyright, trademark, or other intellectual property infringement, please contact email@example.com.
Clovyr’s License to You. Clovyr grants you a limited, revocable, non-exclusive, and non-transferable license to use our Services in accordance with these Terms.
Disclaimers. YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE PROVIDE OUR SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. CLOVYR DOES NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR-FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU RELEASE US, AND OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, “CLOVYR PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU MAY HAVE AGAINST THE CLOVYR PARTIES.
Limitation of liability. THE CLOVYR PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES, EVEN IF THE CLOVYR PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE CLOVYR PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Availability of Our Services. Our Services may be interrupted, including for maintenance, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time.
Resolving disputes. You agree to resolve any Claim you have with us relating to or arising out of our Terms, us, or our Services exclusively in the United States Federal and state courts located in New York, New York. You also agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such disputes. The laws of the State of Delaware govern our Terms, as well as any disputes, whether in court or arbitration, which might arise between Clovyr and you, without regard to conflict of law provisions.
Ending these Terms. You may end these Terms at any time by deleting all of the Clovyr software or apps you’ve received from us and and discontinuing use of our Services. We may modify, suspend, or terminate your access to or use of our Services anytime for any reason, such as if you violate the letter or spirit of our Terms or create harm, risk, or possible legal exposure for Clovyr. The following provisions will survive termination of your relationship with Clovyr: “Legal and Acceptable Use,” “Harm to Clovyr,” “Disclaimers,” “Limitation of Liability,” “Resolving disputes” “Availability” and “Ending these Terms,” and “General”.
Clovyr may update the Terms from time to time. When we update our Terms, we will update the “Last Modified” date associated with the updated Terms. Your continued use of our Services confirms your acceptance of our updated Terms and supersedes any prior Terms. You will comply with all applicable export control and trade sanctions laws, and you understand and agree that Clovyr may block access to the Services from IP addresses where the use of the Services is prohibited. Our Terms, along with any End User License Agreements you may accept in connection with the use of our Services cover the entire agreement between you and Clovyr regarding our Services. If you do not agree with our Terms, you do not have permission to use our Services.
If we fail to enforce any of our Terms, that does not mean we waive the right to enforce them. If any provision of the Terms is deemed unlawful, void, or unenforceable, that provision shall be deemed severable from our Terms and shall not affect the enforceability of the remaining provisions. Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country. If you have specific questions about these Terms, please contact us at firstname.lastname@example.org