Terms and conditionsof Key Screener product
version 1.0 dated 2024
1. Introduction
This document(hereinafter – T&C) constitutes an official public offer of Cryptology KeyOÜ, who provides services to you under the brand Key Screener (hereinafter– CK, or us) to conclude a legally binding bargain on the terms and conditionsprovided below between you, (a) user of the website and/or (b) client of ourservices (in case if you purchase and consume them), and us.
The terms of use of ourwebsite https://www.key-screener.com/ (hereinafter – the Website) are deemed tobe an integral and inseparable part of this T&C.
This T&C coversboth (a) use of this Website and (b) use of the Service (described in section4.1. below).
Explanations in regardto most of the cases which you may experience in dealing with us are described inthe frequently asked questions section of this Website.
The entirety of theinformation provided in this document constitutes legally binding bargainguiding you interaction with us.
Please, read thisT&C carefully and attentively (at least those parts directly related toyour dealings with us), because the fact of your interaction with us meansyours accept of this T&C in its entirety.
Important note! We do not providedata that has a direct financial impact, and our Service does not provide anykind of financial advice whatsoever.
2. Offer acceptation
When buying ourServices, you simultaneously accept our offer and conclude with us a bargain onprovision of Services. Your constructive consent (actions which have legalsignificance) to our offer equals to conclusion of the bargain in simplewritten form between us.
Where necessary, youshall provide clear and unambiguous consent to gathering and processing of yourpersonal data according to our Privacy Policy (hereinafter – PP), which you mayfind here [link to privacypolicy page].
Same applies tosituations, where you shall provide clear and unambiguous consent to gatheringand processing of technical data on your interactions with us under our CookiePolicy (hereinafter – CP), which you may find here [link to cookie policy page].
If you refuse toprovide consent or refuse to adhere to T&C – cease using both of our Websiteand Service.
3. Subject matter andcore terms
Thus, we understandthe subject matter of the T&C is as follows:
(i) use of the Websitein general, which means that you are a User;
(ii) use (consumption)of the Service, which means that you are a Customer.
Both User and Customermay be any person – resident/citizen of any of the sovereign states, who acceptthis T&C in its entirety, including all of the supplement documents (PP, CP,RP, etc.), considering compliance with the applicable to him/her law.
In case if you are a naturalperson, then in order to receive the Service from us you (a) should be able toconclude legally binding bargain, and (b) be older than 18 years of age as ageneral rule, or, if contrary is provided by the law applicable, age ofmaturity of your sovereign state.
4. Service and content
4.1. Our Service in anutshell
This Website isdesigned to provide an online resource, web application, for reviewing, mostly,data and, less, analytics related to the digital assets (both digital assetnetwork and market data) in real time manner. You may also obtain correlationsand other derived analytics of the various data that we, or third-parties on anappropriate basis, have generated. Our Service include four instruments: (1)Funds Wallet, (2) Calculate, (3) Open Interest, (4) News, limited access towhich is provided to all Users, and full access to which is provided to theCustomers with the subscription (Service provided for recurring fee).
We use all of thecontent, access to which is provided throughout on the Website, on a lawfulgrounds, including such cases when we either (a) own the copyright, or (b) arelicensed by the owners (explicitly or due to the operation of law), or (c) weuse publicly available and free to use content.
We shall notify you ifany material change to our Service shall occur and, simultaneously, update thisT&C to address such changes in our business.
4.2. Free content onour Website
Our Website containssome amount of the so-called free content (such that it is are publiclyavailable and free of charge). You may use it at any time on your discretionfor the educational (or other permitted by applicable law manner), and via suchyou shall receive only basic information on the respective topic of thecontent.
With publication ofsuch information, we bear responsibility for its quality and credibility, butin no case we guarantee, that such information shall be enough to master any ofthe underlying subjects or topics.
Moreover, in our case,the aforementioned free content does not constitute intellectual property whichis not copyrighted (or copyright is exhausted), abandoned or copyleft. All ofthe intellectual property rights to such content is protected to the extent ofthe applicable law.
Important note! The accuracy of thedata provided on our Website and particularly in due course of our Serviceprovision does not mean that it is error-free, and/or perfect of any kind.
5. Payment terms
5.1. Basics
In exchange for accessto both the Website and the Service, the Consumer shall pay to us a monthlyrecurring subscription fee, which constitutes a basic plan of Service(hereinafter – BP), as set forth in the relevant section of the Website.
We reserve the rightto create other types of Service plans (such as quarterly, yearly, two-yearperiod plan, etc.), which may provide discounts or other type of incentives toyou.
We reserve the rightto increase the subscription fee of any plan in the event when costs for accessto any third-party data and analytics used by us increase, or any otherlegitimate grounds.
We shall usecommercially reasonable efforts to provide notice in advance on theaforementioned.
The subscription feeis paid in advance and is non-refundable. It shall be paid via relevantpayment methods provided on the Website.
You bear all theresponsibility to pay tax and other levy imposed by your sovereign staterelated to the payment of the Subscription Fee for our Service.
5.2. The paymentmethods
The only availablepayment method for our Service is performance of funds transfer via one of theavailable payment systems, which are available to you in the respective part ofthe Website.
For cases, when webear any additional commission, or suffer any other kinds of financial losses dueto declining of your payment upon your fault (e.g., insufficiency of funds onyour account, exhaustion of payment or credit limit on your account), wereserve for ourself the right to additionally charge-off the sum of the saidfactual losses, or demand compensation in such amount via message to yourcontacts with respective subject matter.
We also reserve forourself the right to, at any moment and to our discretion, change, meaning addor lessen the number of, the payment methods for the Service offered, and/orcancel the previously offered payment method – considering that we provide an alternativeone, or more.
5.3. The recurringpayment
If you providerecurring payment information for automatic debit of the subscription fee, youunequivocally authorize us to debit your credit card, checking or savingsaccount designated by you at the time of registration (or as you may updatesuch information thereafter) on a recurring basis.
Such effectivelycreates a subscription schedule based on the date the customer subscribes to theBP.
5.3. Trial period
We do understand that everyCustomer, which shall use our Service, a complex solution that provides certainspecific information on digital assets, needs time to get familiar with it,adjust its activities and ultimately decide if our Service suits him/her.
For such reason weimpose a free trial period of seven (7) days, when the Customer has the rightto cancel the subscription unilaterally without any negative consequences tohim/her.
Such option shall beprovided to each and every Customer via the relevant instrument.
5.4. Other importantterms
Actual price for theService shall be provided to you in the appropriate manner – when the offer isshown to you on our Website at some point of your interaction with it.
Total and final amountthe subscription fee shall appear on the respective webpage of the Websiterelated to the payment for the Service, and shall be also provided inelectronic invoice of the payment system.
The currency of theprice depends on the country of your payment transaction occurrence.
In case if payment ofthe Service shall be made outside of the EU, the residual value of the Servicemay be stated in other currencies, and information on such shall be alsoprovided in electronic invoice issued by the payment system.
Please note that theprice of the Service does not account for any additional fees applicable (banksand payment providers fee, double conversion, or other types of fees occurringas a normal business practice).
6. Conclusion of the bargain
Registration on this Website,subscription, order completion and payment for the Service (insertion of yourpayment details) are impossible without your prior explicit consent to theterms of the T&C, PP and CP (e.g., such instrument may include check boxnext to the following wording: “I have read and I accept Term and Conditions ofService provision, Privacy Policy and Cookie Policy”).
The moment at whichyou conclude bargain with us on provision of Service is when you click a button“purchase”, or any field with the analogous meaning.
With registering onour Website and ordering the Service, you may interrupt ordering process andcorrect mistakes in the information you inserted prior to the moment ofcompletion of order, or registration on the Website.
Also, you may informus about mistakes made, or any inconsistencies, with your personal data for thepurpose of their correction via written request to our email support@cryptology.company with the respectivesubject matter.
7. Service provisiontimeframe
Our Service isprovided to you for the limited amount of time, recurring each time theSubscription Fee is paid, to be exact – you shall have access to the Servicefor the certain amount of time, namely – for one month. Thus, when the saidtime period exhausts (and no subsequent Subscription Fee payment occurs),provision of the Service stops.
At the same time, youagree and acknowledge, that such time limited access to the Serviceconstitutes duly provision of them to you in full amount.
You also acknowledgeand understand, that you may consume or withhold consumption of the Service – dueto the fact that with the purchase you only gain access to the Service, but notits proactive rendering to you.
However, we guaranteeyou that we shall not establish any barriers to restrict consumption of Serviceand, moreover, we shall support you in case of need.
You also understandand acknowledge, that we may restrict access to the Service unilaterally incase of occurrence of technical issues due to the force majeure, and such shallnot constitute failure to fulfill bargain on our side. We shall do our best toinform you if a technical issue precluding us from providing you access occur ina timely manner.
8. Restrictions
8.1. In general
Except as expresslyprovided herein or if otherwise expressly permitted by us, you agree not to (a)duplicate, publish, display, distribute, modify, or create derivative worksfrom the material presented through the Website and/or through the Service(unless specifically authorized in writing by us); or (b) reverse engineer,decompile, disassemble, or otherwise seek to discover the source code of our Websiteand underlying software; or (c) take advantage with data provided by us toassociate with any asset management companies or funds.
8.2. Restrictions onuse
You agree to complywith all applicable laws, rules and regulations.
You will not use thissite or data or the Service for any unlawful, fraudulent, defamatory,harassing, infringing, abusive, obscene, inappropriate purposes.
You shall not use orattempt to use any “scraper“, “deep-link”, “robot,” “bot,” “spider,” “datamining,” “computer code,” or any other automate device, program, tool,algorithm, process or methodology to access, acquire, copy, or monitor anyportion of the Service, any data or content found on or accessed through theService.
You shall not attemptto violate the security, or use the site’s service to gain unauthorized accessto the Service or any parts of the Service.
You may neitherinterfere with nor attempt to interfere with nor otherwise disrupt the properworking of the Service.
The Service isprovided for information purposes only. You may not copy, reproduce, recompile,decompile, disassemble, reverse engineer, distribute, publish, sell, display,perform, modify, transmit, transfer, sell, license, upload to, edit post,frame, link, or in any other way exploit any part of the Service or Website.
You are allowed to usethe data provided on our Website and in due course of our Service solely foryour own account and any resale of the content, data, and analytics isprohibited whether modified or not.
9. Intellectualproperty rights to the product
9.1. Details onintellectual property we use
Elaboratinginformation in section 4.1. of T&C, you understand and agree that with purchasingour Service, you actually purchase an access to the underlying content, which iscopyrighted and protected, and either (a) belongs to us, or (b) belongs to ourpartners, contractors, affiliates, or (c) third parties – and, in such case, weuse it completely lawfully (on the basis of license or other legitimatepurposes as educational ones, parody, sarcasm or other legally complaint way).
9.2. Use of theprotected works
Copying, modification,full or partial usage, public playback, distribution of the works available onthe Website, or those which are provided to you in course of the Serviceprovision in any other way, as well as use of the works for commercial purposeswithout explicit permission of the rights holder is strictly forbidden andpunished by the applicable law.
We are committed toprotection of our intellectual property rights, as well as those of ourspartners, contractors and affiliates, and so we shall take every necessaryaction in order to prevent or stop you from violating such rights via availableinstruments.
10. Liability
10.1. In general
In context of ourbargain with you, the party which (a) fails to fulfill its obligations, or (b)has provided false information upon the conclusion of the bargain shall befully liable for such violation to the fullest extent of the applicable law.
Additionally, we areaware that (a) failure to provide Service in duly manner, or (c) provision of theService of improper quality shall bear negative consequences for us in mannerprovisioned by the applicable law.
You shall be awarethat (a) failure to provide complete and accurate personal and financial datain course of registration on the Website and making of order, (b) provision tothe third parties of the registrational data, which are used for the purposesof access to the Service, (c) use of materials, stored on the Website or whichare provided to you in course of Service provision, for the purpose of itsresale or distribution or transfer to the third parties, (d) dissemination ofalse information about us damaging our business reputation (defamation), (e)violation of the T&C while consuming our Service, (f) violation of thepayment terms, (g) interference with the work of the Website and materialsavailable to you in due course of Service provision, or attempt to gainingaccess to the them in violation of our instructions shall bear negativeconsequences for you in manner provisioned by the applicable law.
The liability ingeneral is limited to the price of the Service purchased (either such ofimproper quality, or provisioned one with the violation of the T&C). Whenand where applicable, such limitation may be surpassed due to the operation ofthe applicable law.
10.2. Force majeure
We recognize theinstrument of force majeure (act of God) as proper excuse for non-fulfilment ofthis Agreement, and we understand those events or circumstances, which make ourbargain extremely difficult or impossible to properly perform. Therefore,neither of us will be liable for failure to fulfill our obligations in theevent of such events/circumstances.
In our case, takinginto account the specifics of our activities, the following circumstances arerecognized as force majeure, including but not limited to: (a) naturaldisasters, (b) man-made disasters of any scale, (c) imposture of quarantine,(d) martial law, or other special regimes provided for by applicable law, (e)mass riots in the settlement of our enterprise location, (f) strikes (or othertypes of refusal to perform work and provide the Service) of employees andcontractors, (g) disconnection/malfunction of network, telephone and othercommunications (equipment or software), (h) malfunction of utility services(water, electricity, heating), (i) disruption in operations of our technicaldevices, caused by unauthorized access (hacking) to our computer systems and/orlocal network.
In your case, thefollowing circumstances are recognized as force majeure: (a) natural disasters,(b) man-made disasters of any scale, (c) mass riots within the territory of thesettlement of your residency, (d) illness (which makes consumption of Service extremelydifficult or impossible), (e) mourning.
If we are affected bythe force majeure circumstances, we will definitely notify you via email withthe letter of relevant subject, as well as post a notice about such on our Website.
If you are affected byforce majeure, you must notify us as soon as possible, but no later than 1 businessday. In this case, we will do our best to resume the provision of the Serviceafter the end of such circumstances.
If the force majeurelasts more than 1 month, our bargain shall be automatically terminated, and weagree that no complaints to fulfilment of the agreement or its terminationshall arise.
10.3. Other excusesfor non-performance
Besides the forcemajeure, we also recognize that the following circumstances excuse us for non,or partial, non-performance under our bargain with you:
(i) interruption of Serviceprovision due to the technical maintenance (hardware or software), or any otheractions related to the necessity to uphold operability or upgrade the technicalfacilities – upon the prior notifying you of such;
(ii) breach ofsecurity of the facilities and related consequences;
(iii) loss ofconfidential information, which occurred without our fault;
(iv) any other typesof damages to the third parties, which occurred without our fault.
In case if we fail toprovide the Service within the timeframe set by the T&C, our liability islimited only to (a) prolongation of the said timeframe, or (b) provision of theService within another timeframe until our obligations are fulfilled.
Abovementionedlimitations are applicable not only to us, but our associates and contractors.
10.4 Links tothird-party websites
The Website may alsocontain links or produce search results that reference links to third partywebsites. We have no control over such linked websites or their content anddoes not assume responsibility or liability for any content, opinions, ormaterials available on them.
We do not endorse thecontent of any linked website, nor we warrant that the linked websites will befree of malware that can impact your system on any of your devices.
By using the Websiteto search for, or link to another website, you agree and understand that suchuse is at your own risk.
10.5 Limitation ofliability
Under nocircumstances, including but not limited to breach of contract, tort, ornegligence, we shall not be liable for any direct, indirect, special,incidental, punitive, exemplary, or consequential damages (including lostprofits) that arise out of or are related to your use of the Website, theService, and the content provided.
10.6 Indemnity
You agree to defend,indemnify, and hold us and our subsidiaries, affiliates, officers, directors,agents, and employees harmless from any liability to third parties, includingreasonable attorneys’ fees, arising from or related to your (i) use of the Service,and (ii) breach of this T&C
11. Monitoring forcompliance
We reserve the rightat any time to (i) monitor your use of the Website to determine compliance withthis T&C, and (ii) terminate or suspend your use of some or all of theWebsite or Service if you engage in activities that we conclude as, in ourdiscretion, a material breach this T&C and other policies applicable.
12. Termination
We reserve for us theright to terminate our bargain without any explicit reason upon giving you awritten message on such not later than 2 weeks prior to the designated date oftermination.
We have the right toterminate our bargain with you effective immediately in case if:
(i) you havematerially breached this T&C (or committed and action which clearly andunambiguously means that you are not going to, or you are unable to, upholdT&C);
(ii) we have to actthis way due to the operation of applicable law, e.g., if provision of Service becomesillegal (either in further or retrospectively);
(iii) we cease toprovide Service in your sovereign country (living/residence or consumption of theService);
(iv) provision of the Serviceto you becomes commercially unattractive to our point of view.
Please note, that ifyou shall try to interfere with either (a) our Website, (b) servers, (c) othersystems of automation, or (d) grossly violate this T&C or (e) we willbecome suspicious of you related to such – we may temporally or permanentlysuspend your access to the Website or Service.
Both of us have theright to withdraw from the bargain unilaterally on the basis of valid reasons,envisaged by the applicable law.
13. Non-provision ofthe financial advice
The data and analyticsprovided through the Website are provided for information purposes only.
Important note! Cryptology Key OÜ isnot a financial advisor.
You should consultyour financial advisor before you make financial decisions based upon theService consumed. Your use of the Service for any purpose is at your own risk,you do so voluntarily and you assume all risks associated with such use.
To the maximum extentpermitted by applicable law, you expressly agree that we are not providingfinancial advice to you via the Service.
14. Timeframe of thepublic offer
Terms and conditionsof the public offer shall stay valid until changed or explicitly withdrawn byus.
Lapse of the offer (itwithdraw) shall not affect legal rights, obligations and liabilities, whichtook place or occurred prior to the moment of the offer’s withdrawal.
15. Timeframe of theagreement
The bargain governedby this T&C is deemed to be concluded for unidentified timeframe, andremains in force until either of the parties to it explicitly withdraws (viathe written instrument of notification, or constructive behavior).
The agreement on theprovision of Service, remains in force until its fulfilment by both parties, oruntil the moment when its termination is envisaged by this T&C.
16. Cease of Service consumption(use)
You have the right tocease use of this Website, and consequently consumption of the Service, at anymoment without explanation of reasons for such cessation.
In order to ceaseconsumption of the prepaid Service you have to simply cancel the subscriptionvia relevant instrument and, to your discretion, you may notify us on suchcontacting client support.
17. Changes inprovision of the Service
We reserve for ourselfthe right to change and amend this T&C by means of (a) publishingchanged/amended version on this webpage and (b) notifying you on such.
If you continue use ofthe Website after changes/amendments to the T&C enter into force – suchconstitute your constructive acceptance of such.
We insist that youcheck this webpage regularly in order to be familiar with the actual legalframework of our relations.
18. Invalidation andjurisdiction
If by the relevantcourt order any of the provisions of this T&C should be found invalid, suchprovision shall be excluded from the bargain unaffecting the rest of theprovisions.
This T&C aregoverned by the law of Poland, and, where applicable, by the law of theEuropean Union.
19. Our contacts
You may contact us viaseveral methods:
Send us an email tothe following address support@cryptology.company with the subjectmatter of your concern (any of the aforementioned or else), and we shall answeryou at our first convenience.
Our Service is provided to you by:
Cryptology Key OÜ
Registry code: 17062904
Address: Estonia, Harju maakond, Tallin,
Kesklinna linnaosa, Tornimäe tn 7-36,10145
Official email:official@cryptology.company
