Toronet reserves the right, at its sole discretion, to modify or replace these Terms in any manner whatsoever. In case we modify these Terms, we will change the “Last Updated” date at the beginning of these Terms. An up-to-date version of these Terms will be available for access on the Toronet Launchpad. • If you continue to use the Toronet Launchpad after these Terms have been updated, this means that you agree on the updated version of the Terms. It is your sole responsibility to check these Terms regularly for updates.
• SECURITY
When you use the Toronet Launchpad, you are solely responsible for maintaining the confidentiality of your credentials (private key, mnemonic phrase (12 or 24 words seed) used to derive the private key) and other information that may be used to gain control over the virtual assets that you use with the Launchpad (collectively, the “Credentials”). You are responsible for safeguarding your Credentials and making backup copies thereof offline or on your other devices. Toronet Launchpad does not have a “forgot the password” feature and cannot recover your Credentials, meaning that if you lose your Credentials, you may not be able to restore access to your Launchpad and related assets. Do not share your Credentials with any other person, as this will give such person ability to dispose of your virtual assets. We do not store your Credentials on our servers, this information is encrypted and stored locally on your device. We are not liable for any loss or damage arising from your failure to comply with the obligations to maintain the confidentiality of your Credentials.
Subject to your compliance with these Terms, Toronet hereby grants you limited, personal, non-exclusive, non-transferable, non-assignable, royalty-free, revocable license to use the Toronet Launchpad. If you commit a breach of these Terms or violate applicable legislation, the license granted hereunder shall automatically terminate and cease.
You shall not:
- Use the Toronet Launchpad for any illegal purposes, including, but not limited to, terrorism financing and money laundering.
- Circumvent or attempt to circumvent any access or functionality restrictions or limitations with respect to the Toronet Launchpad or underlying software.
- Use robots, spiders, or other similar automated means to access the Toronet Launchpad or its parts.
- Use the Toronet Launchpad in any manner that could disrupt, interfere with, or inhibit other users from using it, or that could disable, impair, or harm the functioning of the Toronet Launchpad or servers.
- Copy, duplicate, reproduce, clone the Toronet Launchpad, create derivative works from the Toronet Launchpad or related content. In addition, you shall not attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer the Toronet Launchpad or related content without our prior written authorization.
- “Frame”, “mirror”, or incorporate any part of the Toronet Launchpad into another software, website, network, platform, or application without our prior written authorization.
You represent and warrant that you:
- Are eligible and have full capacity for setting up and holding a Launchpad under the laws of the country of your residence.
- Are of the necessary legal age, in accordance with the laws of the country of your residence, to use the Toronet Launchpad, however, in any case, you shall be older than 14 (fourteen) years old.
- Are not a subject of any sanctions administered or enforced by any country, government, or international authority nor are you a resident or established (in the case of a corporate entity) in a country or territory that is the subject of a country-wide or territory-wide sanction imposed by any country, government, or international authority.
- Have all necessary rights to set up and hold your Launchpad and this does not infringe any rights of third parties.
- Will use the Toronet Launchpad only for legitimate purposes and you will not use it for any illegal or fraudulent activity.
- Will use funds within the Toronet Launchpad, which are from legitimate sources and were lawfully acquired.
- Will carefully check the address of the recipient before making any transfers and that your transactions with virtual assets are done with correct blockchain addresses.
You shall indemnify and hold Toronet, its directors, officers, employees, agents, and representatives harmless from and against any and all third-party claims, actions, demands, losses, costs, expenses, fines, penalties, liabilities, and other amounts that arise out of or related to your use of the Toronet Launchpad or your violation of any provision of these Terms.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TORONET OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES (COLLECTIVELY, “TORONET PARTIES”) BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF OR DAMAGE TO DATA, LOSS OF BUSINESS, DIMINUTION OF VALUE, OR ANY OTHER SIMILAR DAMAGES, LOST REVENUES, ARISING OUT OF THESE TERMS OR IN ANY WAY RELATED TO YOUR USE OR INABILITY TO USE THE TORONET Launchpad OR YOUR Launchpad REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF TORONET PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL TORONET PARTIES BE LIABLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM THE HACKING, TAMPERING, OR UNAUTHORISED USE OF OR ACCESS TO YOUR Launchpad. IN ADDITION, TORONET PARTIES SHALL NOT BE LIABLE FOR ANY WEAKNESSES, VULNERABILITIES, AND BUGS IN THE SMART CONTRACT, BLOCKCHAIN, AND OTHER NETWORKS, AND/OR TECHNOLOGIES USED WITH THE TORONET Launchpad; LOSS OF DIGITAL ASSETS; THEFT OF DIGITAL ASSETS, INCLUDING, AS A RESULT OF AN ATTACK. IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, TORONET PARTIES’ TOTAL AGGREGATE LIABILITY TO YOU ARISING OUT OF THESE TERMS OR IN ANY WAY RELATED TO YOUR USE OR INABILITY TO USE THE TORONET Launchpad SHALL BE LIMITED TO EUR 1,000 (ONE THOUSAND EURO).
THE TORONET Launchpad IS PROVIDED TO YOU FOR FREE, ON “AS IS” AND “AS AVAILABLE” BASIS. THE TORONET Launchpad IS PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. TORONET DOES NOT WARRANT THAT: (A) ANY INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR CORRECT; (B) THE TORONET Launchpad WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (D) THE TORONET Launchpad WILL BE FREE OF DEFECTS, BUGS, VIRUSES, OR OTHER HARMFUL COMPONENTS. CONSIDERING THAT YOU ARE ABLE TO VERIFY AND VALIDATE THE SOURCE CODE OF THE TORONET Launchpad, YOUR USE OF THE TORONET Launchpad IS SOLELY AT YOUR OWN RISK.
All and any intellectual property rights in and to the Toronet Launchpad remain in sole ownership of Toronet or its licensors. You shall not to copy, modify, rent, lease, loan, sell, distribute, perform, display, or create derivative works based on the Toronet Launchpad in whole or in part, unless Toronet’s prior written consent has been obtained.
Except as expressly stated herein, we do not grant you any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses in respect of the Toronet Launchpad or any other software or items. The Toronet Launchpad is protected under the laws and, unless expressly provided herein, may not be copied, decompiled, imitated or used, in whole or in part, without our prior written authorisation.
In case we reasonably believe that you have violated or may violate any provision of these Terms, applicable rules, policies, laws, or regulations, we have the right to immediately terminate these Terms and your access to the Toronet Launchpad without your prior written consent or notification.
You may terminate these Terms if you cease using the Toronet Launchpad and deactivate (delete) your Launchpad.
In case of any termination of these Terms, the license provided to you under Section 3 shall automatically terminate and cease accordingly.
Sections 5 “REPRESENTATIONS AND WARRANTIES”, 6 “INDEMNITY”, 7 “LIMITATION OF LIABILITY”, 8 “NO WARRANTY”, 9 “INTELLECTUAL PROPERTY”, 11 “NOTICES”, 13 “GOVERNING LAW AND DISPUTE RESOLUTION”, 14 “MISCELLANEOUS” and this Clause 10.4 shall survive any termination or expirations of these Terms regardless of the reason.
You hereby agree to receive all disclosures, notices, communication, change in Terms, and other documents related to these Terms and use of the Toronet Launchpad (collectively, “Notices”) electronically by means of an email or by displaying them on the Toronet Launchpad. Such electronic Notices shall be deemed to be in writing, valid, and of full legal force. You shall be deemed to have received any such Notice on the day following the date when it is displayed or sent in accordance with this Section. Any Notices to Toronet shall be sent to info@toronet.org.
Toronet shall not have any liability under or be deemed to be in breach of these Terms for any delays or failures in performance of these Terms which result from circumstances beyond its reasonable control. Such circumstances include, without limitation, riot, war (whether declared or not), sanctions, invasion, acts of foreign enemies, hostilities, terrorism, civil war, rebellion, revolution, coup, requisition, or compulsory acquisition by any governmental or competent authority, ionizing radiation or contamination, earthquakes, floods, fire, natural disasters, strikes at national level, epidemic, and pandemic; system interference and/or destruction by any malicious programs, other circumstances beyond our control, interfering the performance hereof.
These Terms are governed by the Swiss law, without regard to conflict of law principles. Any dispute arising out of or in connection with these Terms, including any question regarding their existence, validity or termination, shall be referred to and finally resolved by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Chambers’ Arbitration Institution in force on the date on which the Notice of Arbitration is submitted in accordance with these Rules. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be Geneva, Switzerland. The language to be used in the arbitral proceedings shall be English. Any dispute arising out of or related to these Terms is personal to you and Toronet and will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action, or any other type of representative proceeding in any circumstances.
THERE WILL BE NO CLASS OR OTHER TYPE OR REPRESENTATIVE ACTION, WHETHER WITHIN OR OUTSIDE OF ARBITRATION WHERE AN INDIVIDUAL ATTEMPTS TO RESOLVE A DISPUTE AS A REPRESENTATIVE OF ANOTHER INDIVIDUAL OR GROUP OF INDIVIDUALS AND YOU HEREBY WAIVE YOUR RIGHT TO COMMENCE, TO BECOME A PARTY TO, OR TO REMAIN A PARTICIPANT IN, ANY GROUP, REPRESENTATIVE, CLASS, COLLECTIVE, OR HYBRID CLASS/COLLECTIVE ACTION IN ANY COURT, ARBITRATION PROCEEDING, OR ANY OTHER FORUM, AGAINST TORONET IN RESPECT TO THESE TERMS.
To the maximum extent permitted under the law, you and Toronet hereby agree that any claim arising out of or related to these Terms or the Toronet Launchpad must be filed within 1 (one) year after the ground for such claim arose; if the claim is not filed within this term, such claim shall be permanently barred, which means that neither you, nor Toronet will have the right to assert such claim.
Any failure to enforce these Terms made by you or us does not constitute a waiver of the respective rights or remedies. We have the right to transfer all and any rights under these Terms to anyone without your prior written consent or permission. You are not allowed to transfer any rights under these Terms to anyone without our prior written consent. The section titles in the Terms are for convenience only and have no legal or contractual effect. There shall be no third-party beneficiaries to these Terms, except as otherwise expressly provided herein. If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Terms. If any provision or part-provision of these Terms is deemed deleted under the previous sentence, you and us shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision. These Terms constitute the entire agreement between you and Toronet regarding the subject matter hereof and supersede all and any previous agreements. These Terms shall not be construed for or against Toronet because of Toronet’s role in drafting these Terms.