Last Updated: July 14, 2024
Welcome to SwanBlocks, Inc. (“SwanBlocks,” “we,” “our,” or “us”). These Terms of Service (“Terms”) outline the rules and regulations for using our platform and services. By accessing or using our platform, you agree to adhere to these Terms. Please read them carefully.
1. Definitions
1.1 “Platform” refers to the software and services provided by SwanBlocks, including SaaS and on-premises hosting options.
1.2 “Customer“,“you,“ or “your“ refers to the entity or individual using the SwanBlocks platform.
1.3 “Data” refers to any information uploaded, stored, or processed on the platform by the customer.
1.4 “Services” refers to the integration and workflow automation between Web2 and Web3 technologies provided by SwanBlocks.
2. Services, Access, and Use
2.1 Eligibility
To use our platform, you must be at least 18 years old and have the legal capacity to enter into these Terms.
2.2 Account Registration
To access certain features of our platform, you may need to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary.
2.3 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately if you suspect any unauthorized use of your account.
3. Fees and Payment
3.1 Fees
You agree to pay all applicable fees associated with your use of the platform as described in the applicable order form or pricing plan.
3.2 Payment Terms
Fees are due in accordance with the payment terms specified in the applicable order form or pricing plan. Late payments may be subject to interest charges.
3.3 Taxes
You are responsible for all taxes, duties, and other governmental assessments associated with your use of the platform, excluding taxes based on SwanBlocks’ net income.
4. Confidential Information
4.1 Definition
“Confidential Information” refers to any non-public information disclosed by either party that is designated as confidential or that reasonably should be understood to be confidential.
4.2 Obligations
Both parties agree to use the same care to protect the other’s Confidential Information as they use to protect their own, but in no event less than reasonable care. Confidential Information may only be used to perform obligations or exercise rights under these Terms.
5. Support and Service Levels
5.1 Support
SwanBlocks will provide technical support for the platform in accordance with our support policy, which may be updated from time to time.
5.2 Service Levels
We strive to maintain the availability and performance of the platform in accordance with our service level agreement (SLA).
6. Your Materials and Data
6.1 Data Ownership
You retain all rights, title, and interest in and to your data. SwanBlocks does not claim ownership of any data you upload to the platform.
6.2 Data Security
While we encrypt data on our platform, SwanBlocks is not responsible for any loss of data, cryptocurrency, or digital assets. Customers are responsible for maintaining the security and integrity of their data and digital assets.
7. Representations and Warranties
7.1 By SwanBlocks
We represent and warrant that we have the right to enter into these Terms and provide the platform as described.
7.2 By You
You represent and warrant that you have the right to enter into these Terms and use the platform in compliance with all applicable laws and regulations.
8. Indemnification
You agree to indemnify, defend, and hold harmless SwanBlocks from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your use of the platform or your violation of these Terms.
9. Warranty and Disclaimer
9.1 Warranty
The platform is provided “as is” and “as available” without warranties of any kind, either express or implied. SwanBlocks does not warrant that the platform will be uninterrupted or error-free.
10. Limitation of Liability
To the fullest extent permitted by law, SwanBlocks shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, cryptocurrency, or digital assets arising out of or in connection with your use of the platform.
11. Term and Termination
11.1 Term
These Terms will commence on the effective date and continue until terminated by either party.
11.2 Termination by SwanBlocks
We may terminate or suspend your access to the platform at any time, with or without cause, with or without notice, effective immediately.
11.3 Termination by You
You may terminate your account at any time by contacting us at [contact information]. Upon termination, you must cease all use of the platform and delete any copies of the platform in your possession.
12. Dispute Resolution, Arbitration, and Class Waiver
12.1 Dispute Resolution
Any disputes arising out of or relating to these Terms or the platform shall be resolved through binding arbitration in Delaware, in accordance with the rules of the American Arbitration Association.
12.2 Class Waiver
All claims and disputes within the scope of these Terms must be arbitrated or litigated on an individual basis and not on a class or collective basis. Only individual relief is available, and claims of more than one customer cannot be arbitrated or litigated jointly or consolidated with those of any other customer.
13. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.
14. General
14.1 Entire Agreement
These Terms constitute the entire agreement between you and SwanBlocks regarding the use of the platform and supersede all prior agreements and understandings, whether written or oral.
14.2 Waiver and Severability
The failure of SwanBlocks to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
14.3 Assignment
You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. SwanBlocks may assign or transfer these Terms, in whole or in part, without restriction.
14.4 Notices
All notices or other communications required or permitted under these Terms shall be in writing and delivered by email, postal mail, or courier to the contact information provided by the respective parties.