PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT
INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
Last Revised: 2022-02-11 12:43:14
1. OVERVIEW
This Terms of Service Agreement ("Agreement") is entered into by and between
UnchainedTools OÜ, registered address Harju maakond, Tallinn, Lasnamäe linnaosa, Lõõtsa tn 2a, 11415, Estonia
("Company") and you, and is made effective as of the date of your use of these websites
https://axie.management/ and https://unchained.tools ("Sites") or the date of electronic acceptance.
This Agreement sets forth the general terms and conditions of your use of the
https://axie.management/ and https://unchained.tools as well as the products and/or services purchased or accessed through these Sites (the
"Services").
Company may, in its sole and absolute discretion, change or modify this Agreement, and
any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be
effective immediately upon posting to this Sites. Your use of this Sites or the Services after such changes or
modifications have been made shall constitute your acceptance of this Agreement as last revised.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AS LAST REVISED, DO NOT USE (OR
CONTINUE TO USE) THIS SITES OR THE SERVICES.
2. ELIGIBILITY
These Sites and the Services are available only to Users who can form legally binding
contracts under applicable law. By using these Sites or the Services, you represent and warrant that you are (i) at
least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under
applicable law, and (iii) are not a person barred from purchasing or receiving the Services found under the laws
of the Estonia or other applicable jurisdiction.
If you are entering into this Agreement on behalf of a company or any corporate entity,
you represent and warrant that you have the legal authority to bind such corporate entity to the terms and
conditions contained in this Agreement, in which case the terms "you", "your",
"User" or "customer" shall refer to such corporate entity. If, after your electronic
acceptance of this Agreement, Company finds that you do not have the legal authority to bind such corporate
entity, you will be personally responsible for the obligations contained in this Agreement.
3. RULES OF USER CONDUCT
By using these Sites You acknowledge and agree that:
- Your use of these Sites, including any content you submit, will comply with this Agreement and all applicable
local, state, national and international laws, rules and regulations.
You will not use these Sites in a manner that:
- Is illegal, or promotes or encourages illegal activity;
- Promotes, encourages or engages in child pornography or the exploitation of children;
- Promotes, encourages or engages in terrorism, violence against people, animals, or property;
- Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or
cracking;
- Infringes on the intellectual property rights of another User or any other person or entity;
- Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty
of confidentiality that you owe to another User or any other person or entity;
- Interferes with the operation of these Sites;
- Contains or installs any viruses, worms, bugs, Trojan horses, Cryptocurrency Miners or other code, files or
programs designed to, or capable of, using many resources, disrupting, damaging, or limiting the functionality
of any software or hardware.
You will not:
- copy or distribute in any medium any part of these Sites, except where expressly authorized by Company,
- copy or duplicate this Terms of Services agreement
- modify or alter any part of these Sites or any of its related technologies,
- access Companies Content (as defined below) or User Content through any technology or means other than through
these Sites itself.
4. INTELLECTUAL PROPERTY
In addition to the general rules above, the provisions in this Section apply
specifically to your use of Companies Content posted to Sites. Companies Content on these Sites, including without
limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive
features and the trademarks, service marks and logos contained therein ("Companies Content"), are owned
by or licensed to UnchainedTools OÜ in perpetuity, and are subject to copyright, trademark, and/or patent
protection.
Companies Content is provided to you "as is", "as available" and
"with all faults" for your information and personal, non-commercial use only and may not be downloaded,
copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any
purposes whatsoever without the express prior written consent of Company. No right or license under any copyright,
trademark, patent, or other proprietary right or license is granted by this Agreement.
5. LINKS TO THIRD-PARTY WEBSITES
these Sites may contain links to third-party websites that are not owned or controlled by
Company. Company assumes no responsibility for the content, terms and conditions, privacy policies, or practices
of any third-party websites. In addition, Company does not censor or edit the content of any third-party websites.
By using these Sites you expressly release Company from any and all liability arising from your use of any
third-party website. Accordingly, Company encourages you to be aware when you leave these Sites and to review the
terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
6. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF these Sites SHALL BE AT YOUR OWN
RISK AND THAT these Sites ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS".
COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR
WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF these Sites, (II) THE ACCURACY, COMPLETENESS, OR
CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO these Sites, AND/OR (III) THE
SERVICES FOUND AT these Sites OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS
Sites, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION
OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS
WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO these Sites OR
THE SERVICES FOUND AT these Sites, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST
EXTENT PERMITTED BY LAW, and shall survive any termination or expiration of this Agreement or your use of this
Sites or the Services found at these Sites.
7. LIMITATION OF LIABILITY
IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD
PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY DAMAGES THAT MAY RESULT FROM (I) THE
ACCURACY, COMPLETENESS, OR CONTENT OF these Sites, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED
(THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO these Sites, (III) THE SERVICES FOUND AT these Sites OR ANY
SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO these Sites, (IV) PERSONAL INJURY OR PROPERTY
DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY INTERRUPTION OR
CESSATION OF SERVICES TO OR FROM these Sites OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR
OTHERWISE) TO these Sites, (VII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO
OR FROM these Sites OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO these Sites, (VIII)
ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS,
PORNOGRAPHIC, "X-RATED", OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (IX) ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF YOUR USE OF these Sites OR THE SERVICES FOUND AT these Sites, WHETHER BASED ON WARRANTY,
CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action arising
out of or related to these Sites or the Services found at these Sites must be commenced within one (1) year after the
cause of action accrues, otherwise such cause of action shall be permanently barred.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY
LAW, AND shall survive any termination or expiration of this Agreement or your use of these Sites or the Services
found at these Sites.
8. INDEMNITY
You agree to protect, defend, indemnify and hold harmless Company and its officers,
directors, employees, agents from and against any and all claims, demands, costs, expenses, losses, liabilities
and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or
incurred by Company directly or indirectly arising from (i) your use of and access to these Sites; (ii) your
violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or
(iii) your violation of any third-party right, including without limitation any intellectual property or other
proprietary right. The indemnification obligations under this section shall survive any termination or expiration
of this Agreement or your use of these Sites or the Services found at these Sites.
9. DATA TRANSFER
If you are visiting these Sites from a country other than the country in which our
servers are located, your communications with us may result in the transfer of information across international
boundaries. By visiting these Sites and communicating electronically with us, you consent to such transfers.
10. AVAILABILITY OF WEBSITE
Subject to the terms and conditions of this Agreement and our policies, we shall use
commercially reasonable efforts to attempt to provide these Sites on 24/7 basis. You acknowledge and agree that from
time to time these Sites may be inaccessible for any reason including, but not limited to, periodic maintenance,
repairs or replacements that we undertake from time to time, or other causes beyond our control including, but not
limited to, interruption or failure of telecommunication or digital transmission links or other failures.
You acknowledge and agree that we have no control over the availability of these Sites on
a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard
thereto.
11. DISCONTINUED SERVICES
Company reserves the right to cease offering or providing any of the Services at any
time, for any or no reason, and without prior notice. Although Company makes great effort to maximize the lifespan
of all its Services, there are times when a Service we offer will be discontinued. If that is the case, that
product or service will no longer be supported by Company. In such case, Company will either offer a comparable
Service for you to migrate to or a refund. Company will not be liable to you or any third party for any
modification, suspension, or discontinuance of any of the Services we may offer or facilitate access to.
12. FEES AND PAYMENTS
You acknowledge and agree that your payment will be charged and processed by
UnchainedTools OÜ.
You agree to pay any and all prices and fees due for Services purchased or obtained at
these Sites at the time you order the Services.
Company expressly reserves the right to change or modify its prices and fees at any
time, and such changes or modifications shall be posted online at these Sites and effective immediately without need
for further notice to you.
Refund Policy: for products and services eligible for a refund, you may request a full
refund within 7 days of purchase ("Refund Period"). The refund will be processed in 7 days from the
request. In no event will you be eligible for more than one refund of the same service.
13. NO THIRD-PARTY BENEFICIARIES
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
14. COMPLIANCE WITH LOCAL LAWS
Company makes no representation or warranty that the content available on these Sites are
appropriate in every country or jurisdiction, and access to these Sites from countries or jurisdictions where its
content is illegal is prohibited. Users who choose to access these Sites are responsible for compliance with all
local laws, rules and regulations.
15. GOVERNING LAW
This Agreement and any dispute or claim arising out of or in connection with it or its
subject matter or formation shall be governed by and construed in accordance with the laws of Estonia, Harju
maakond, to the exclusion of conflict of law rules.
16. DISPUTE RESOLUTION
Any controversy or claim arising out of or relating to these Terms of Services will be
settled by binding arbitration. Any such controversy or claim must be arbitrated on an individual basis, and must
not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be
conducted in Estonia, Harju maakond, and judgment on the arbitration award may be entered into any court having
jurisdiction thereof.
17. TITLES AND HEADINGS
The titles and headings of this Agreement are for convenience and ease of reference
only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set
forth herein.
18. SEVERABILITY
Each covenant and agreement in this Agreement shall be construed for all purposes to be
a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or
portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining
provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be
valid and enforceable to the fullest extent permitted by law.
19. CONTACT INFORMATION
If you have any questions about this Agreement, please contact us by email or regular
mail at the following address:
UnchainedTools OÜ
Harju maakond, Tallinn, Lasnamäe linnaosa, Lõõtsa tn 2a, 11415
Estonia