“User” - person or legal entity who may download, install, run and use the Koinfox Services.
Koinfox Services” - the App and the Website providing Data, as defined below.
"Data" - prices and other market data delivered via Koinfox Services to the User.
“Update” - program that modifies present functionality or adds new functionality to the App.
"Ad-free App Version" - version of the App which does not contain any advertising.
"Store" - Apple App Store or Google Play Store.
“Website” - the website www.koinfox.com provided by Decentralized Financial Corporation.
“Applicable Law” - law determined as regulating by this Agreement.
“Relevant Law” - law of the country of the User’s citizenship, country where the User lives, where the User is incorporated or where the User has their place of business.
“Third Party Services” - programs and websites of any third party.
“Trademarks” - the Licensor’s trademarks both registered and unregistered.
“Technical Support” - consultation of the Users regarding downloading, installing or use of the Koinfox Services conducted by the Licensor or authorized persons.
"Company" - Company owning Koinfox.com, registered as Decentralized Financial Corporation in Australia.
Koinfox Services and the right to use them are granted to you in accordance with the License Agreement.
Company, reserves the right to make any amendment to the Koinfox Services, including, but not limited to, addition of new functions or reduction of any functions, without prior notification of the User.
You acknowledge hereby that you agree to use Koinfox Services at your own risk. Company. is not responsible for any negative effects from the use of Koinfox Services, including, but not limited to, stopping of functioning thereof, or any damage, including, but not limited to, physical damage to your property, consequential physical, financial loss or loss of any kind, damage to your health, or violation of Applicable or Relevant Laws, caused by downloading or use of Koinfox Services.
You hereby acknowledge that you understand that all and any payments for the access to the Ad-free App Version are made via the Store, and terms and conditions of the Store related to the payment process, including, but not limited to, terms and conditions of refund, shall be applied. Company. shall not be responsible for any negative effects arisen within or after the payment process, or in connection with payment process.
License Agreement V 2.0 (effective as of 14.08.2019)
Subject to the terms and conditions of this Agreement (“Agreement”, “Terms”, “License agreement”),
Decentralized Financial Corporation, (hereafter referred to as “Licensor”) grants the User (hereafter referred
to as “User”, "Licensee", "she", "he", "you") the right to use Koinfox Services.
By accepting this License Agreement the User expressly acknowledges that he or she understands these Terms, and agrees to be bound hereby and all further amendments and supplements hereto.
The User has the responsibility to comply with the Relevant Law. If Koinfox Services, fully or partly, or their separate functions, contravene the Relevant Law, the User shall not download the App and use the Website. If the App is already downloaded, the User shall not use it and shall remove it and all relating data.
The User is fully responsible for any negative consequences arising from the fact that Koinfox Services do not comply with the Relevant Law. By Accepting these Terms, the User warrants that he or she is not in or from any country from which access is restricted by the Licensor or where Relevant Law restricts use of Koinfox Services.
In case of disagreement with these Terms or any further amendments and supplements thereto, the User shall cease downloading and/or using Koinfox Services.
The Licensor and the User, together referred to as “Parties”, agree on the following
Subject of the Agreement
Provision of App
The Licensor grants access to the App for downloading, installing and use thereof.
Insofar as the Koinfox Services require connection to the Internet for their proper work and access to the Technical Support, the User is required to have and maintain an adequate Internet connection. The User is solely responsible for acquiring and maintaining connection to the Internet, other hardware and software required to access and use the Koinfox Services, including, but not limited to, any and all costs and fees.
The User may access Koinfox Services for applicable fees as mentioned and updated in the fees section from time to time. Any change in the fees section will be informed to the user via email on the registered email address with an opportunity to change or cancel the agreement, before applying those changes to her or his account.
Company does not provide a refund. Company does not prorate refunds or offer partial refunds. Please note, that your payment will be subject to applicable payment policy of the Store, in which you purchased Subscription and which also may not provide refunds, including refunds for the unused portion of any term.
Third Party Services
The Licensor may include information and links to any Third Party Services in the App or on the Website. The Licensor does not grant the right to use the Third Party Services to the User, and does not act as an intermediary between any third party and the User. The Third Party Services may be not available in all languages or in all countries. Third Party Services may require payment. The Licensor is not obliged to evaluate Third Party Services, including, but not limited to, their content or accessibility. The Licensor is not obliged to provide the Users with access to Third Party Services. The User expressly acknowledges and agrees to be fully responsible for all effects of use of Third Party Services, including compliance with the Relevant Law. The Licensor may restrict access or change conditions of access to Third Party Services via the Koinfox Services. The Licensor is not obliged to notify the User about such restrictions. The Licensor is not responsible for the accessibility of Third Party Services, their content, functions and any negative effects of use of the Third Party Services. The Licensor is not responsible for any consequences of restrictions or change of conditions of access to the Third Party Services via the Koinfox Services.
The Licensor may provide the User with Technical Support. The Licensor does not provide Technical Support on issues related to Third Party Services.
The Licensee hereby agrees to use the Koinfox Services at his or her sole risk. The Koinfox Services are provided to the User “AS IS”, the Licensor provides no guaranties of, including, but not limited to, lack of faults in the Koinfox Services, fitness for a particular purpose, merchantability, compliance with the Relevant Law and any User’s expectations, including technical and commercial. The Licensee agrees that the Licensor is not responsible for any errors, bugs or other failures and defects which may occur during the downloading, installing and/or use of the Koinfox Services. The Licensor is not responsible for the impossibility of use of the Koinfox Services or Third Party Services for any reason, including, but not limited to, incompatibility of the App and the User’s device, lack of connection to the Internet, etc. The Licensor shall not be liable if the ability to provide the User with any portion of the Data is lost. Koinfox B.V. makes no warranty regarding the Data or any other information obtained through the Koinfox Services, or the accuracy, timeliness, truthfulness, completeness or reliability of any Data or other information obtained through the Koinfox Services. All information, including, but not limited to, financial information and any forecasts, is provided by the Koinfox Services and Third Party Services for informational purposes only. The Licensor is not responsible for its accuracy and consequences of use, including, but not limited to, infringement of third party rights or damage occurred as a result of use of this information as a guideline or recommendation. No oral or written message or advice, including, but not limited to, consultations provided as Technical Support by the Licensor or any authorized representatives, shall create a warranty.
Term of the Agreement
This Agreement is perpetual. The Agreement continues in force and effect unless it is terminated. Termination provisions are provided in Section 14.
Termination of the Agreement
Transfer of Rights
The Licensee shall maintain in confidence the source code of the App if the Licensee becomes aware of this code. The Licensee shall immediately notify the Licensor that he or she became aware of the source code. If these confidentiality provisions are breached, the breaching Party shall pay damages including consequential loss.
If any part of this Agreement is found to be void or unenforceable, it will be amended to the minimum extent necessary to make it valid and enforceable. If any part of the Agreement is found to be void or unenforceable, the remainder of the Agreement shall remain in force even if the void and unenforceable parts are not amended, as if such provisions were not a part thereof. If the Agreement is translated into any other language, the version in English language shall prevail. All notices regarding this Agreement shall be written in English.
The Agreement shall be governed by and construed in accordance with the law of Australia.
In the event of any dispute arising out of or relating to this Agreement, the Parties shall use their best effort to settle the dispute through negotiation. The Parties submit to the exclusive jurisdiction of the Australian courts, and agree to file a claim only if the dispute may not be settled through negotiation within 2 (two) months.