Terms and Conditions
Effective Date: November 1, 2019
1. YOUR ACCEPTANCE
We occasionally update these Terms, so please check this page periodically. The revised version of the Terms will become effective thirty (30) days after We post or email You notice of updates. When We change these Terms, We will notify You by newsletter (if You have provided Us with Your email address) and post a notification on Our website along with the updated Terms. If You continue visiting our Service after We have published the revised Terms on this page, this constitutes Your acceptance of the changes. If any changes are unacceptable to You, Your only remedy is to stop using the Service.
2. NEUTRAL VENUE DISCLAIMER
Our Service is a subscription-based software (SaaS) that provides cryptocurrency trading analysis tools for better trading insights. Our Service is not an investment advisory service, or a registered investment advisor or broker-dealer and does not purport to tell or suggest which cryptocurrencies users should buy or sell for themselves. We may own cryptocurrencies listed within the Service. You understand and acknowledge that there is a very high degree of risk involved in trading cryptocurrencies. We assume no responsibility for liability for your trading results. You may lose money. Methods, techniques, or indicators presented may not be profitable. Nothing on our Service constitutes investment, tax, accounting or legal advice, or an offer or solicitation of an offer to sell or buy, or as an endorsement of any company, cryptocurrency or fund. You are responsible for conducting Your own investment research and decisions, and should seek the advice of a qualified financial professional before making any trade. We in no way warrant the financial condition or investment advisability of any of the cryptocurrencies. ALL INFORMATION OUR SERVICE IS PROVIDED “AS IS,” WITHOUT ANY WARRANTIES FROM US. WE ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO THE TRADES CONDUCTED WITH THE HELP OF OUR SERVICE.
3. SUBSCRIPTION TERMS
a. The Service is offered with a free trial. Once that the trial period is ended, You will only be able to continue using the Service by paying a subscription fee of Your membership level.
b. You must have a valid subscription in order to use the Service. You will provide valid payment method information when necessary and pay all sums due when due. Additional taxes may be added to the subscription prices whenever required by taxing authorities or law.
c. If You purchase a subscription, You will be charged the monthly or annually (as applicable) subscription fee, plus any applicable taxes, and other charges at the beginning of your subscription and each month or year (as applicable) thereafter. If You purchase a subscription, We (or Our third-party payment processor) will automatically charge You each month or year on the anniversary of the commencement of your subscription, using the payment information You have provided until You cancel your subscription. By agreeing to these Terms and electing to purchase a subscription, You acknowledge that Your subscription has recurring payment features and You accept responsibility for all recurring payment obligations prior to the cancellation of Your subscription by You or Us. Your subscription continues until canceled by You or We terminate Your access to or use of the services or subscription in accordance with these Terms.
d. When You cancel the subscription, it will be active until the end of its period (monthly or yearly, as the case may be).
e. If You stop or fail to pay your subscription fee at any time, Your account will be frozen and inaccessible at the end of Your current subscription period until the payment is made.
f. You have the right to quit the subscription up to 30 days after the free trial period. If You request cancellation of the subscription within that period, a pro-rata refund will be issued.
g. You can upgrade your membership level instantly by paying additional price difference (pro-rata), downgrade membership level at the end of the current period. You can also shift the membership period from monthly to yearly subscription or vice versa at the end of the current subscription period. Downgrading Your Service may cause the loss of features or capacity of Your account. We do not accept any liability for such loss.
h. Current payment methods and currencies are posted on the website. To maximize security, We do not hold any payment details (credit/debit card, etc). Payments are processed by third-party payment processors. You can choose to pay with cryptocurrencies in some cases, as posted on the Service. These cryptocurrency transactions are also processed by third-party payment processors.
i. Your credit card company/financial institution may do security checks to confirm it is You placing the order.
4. INTELLECTUAL PROPERTY
a. All Service contents, features, functionality (including but not limited to all information, software, text, algorithms, displays, images, video and audio, design), registered and unregistered trademarks (the “Intellectual Property”) belong to Us, Our content suppliers and relevant brands. The Intellectual Property is protected internationally under trademark, copyright and other intellectual property laws. You obtain no interest in that Intellectual Property, provided, however, that you may download and view or print a copy of the materials on this Service for personal, non-commercial use as long as you do not modify any content (including any copyright notice) in any way. All rights not expressly granted under these Terms are reserved by us. Unless expressly stated otherwise, you shall not copy, reproduce or replicate any Intellectual Property.
b. You retain all rights to the content You submit (e.g. reviews, comments & suggestions), provided, however, that, by submitting content to Us, You grant Us a license to publicly display, edit, remove distribute, translate and otherwise use your content in any medium without compensation to You.
5. FAIR USE
By using this Service, You represent, warrant and agree that:
a. You are at least 18 years old.
b. Our Service, its features/services provided for each membership level and their prices may change without prior notice and take effect immediately.
c. Our Service may contain typographical errors or other inaccuracies.
d. All content You submit to our Service is free of third-party intellectual property claims and contains no vulgar, profane, defamatory, abusive, racist or hateful language or expressions. You will only submit true, complete and not misleading information to the Service. Submission of untruthful product reviews, articles or other content may result in account termination. We may reject or erase or edit any content submitted for any reason without prior notice to You, within Our sole reasonable discretion.
e. Our Service content may not be copied for republication, either online or on paper, without the prior express written permission from Us.
f. You will not submit unsolicited bulk or commercial messages ("spam") to Our Service, other users or anyone else. Any unsolicited message must also not direct the recipient to any third-party site or other resources.
g. You will not access Our Service in order to gain a competitive advantage.
h. You will only use the Service for legal purposes and you will remain responsible for complying with all laws applicable to Your use of the Service.
i. All persons who access the Service through your Internet connection (i) will have a legal right to do so, and (ii) will read and comply with these Terms and Conditions. You must keep Your login credentials confidential. Any action performed from Your account is Your responsibility.
j. We have the right to refuse access, service or disable your account on Our Service at any time for any reason or no reason without notice, explanation or liability of any kind.
k. You will not interfere with the proper working of the Service. You will not impersonate any other person or entity, submit any false, defamatory, offensive, harassing material, or any material that infringes or violates another party's intellectual property rights and rights of privacy and publicity.
6. REFERRAL PROGRAM
a. Scope. We provide You a unique link ("Referral Link") to invite new users to Coinlyzer Website. You can share Your Referral Link on Your own website or third party sites by blogging, social media campaigns, etc. When a person clicks Your Referral Link, a referral cookie ("Referral Cookie") is copied to the person’s ("Invitee") browser. The expiration of Referral Cookie is 90 days. If Invitee’s browser blocks the Referral Cookie, or Invitee deletes the Referral Cookie, or the Referral Cookie has expired, and then subscribes to the Service, We cannot track this transaction and so You cannot have any Commission for this transaction.
b. Commission. When an Invitee subscribes to Coinlyzer Website via Your Referral Link, You are granted a Commission of the Invitee's subscription fee, unless otherwise stated herein. The amount or the percentage of Your Commission is shown on your account. When the Invitee’s subscription fee changes (e.g. if the user changes subscription level), Your Commission will be changed accordingly. As long as the Invitee’s subscription continues on a monthly or yearly basis, You will continue to receive the Commission.
c. Ineligible Transactions. The Commission is not approved when:
i. The subscription, which has been created with the Referral Link, has been refunded.
ii. Discount code is used (only with exceptions by Coinlyzer).
iii. Own Referral Link is used for creating another account.
iv. The Referral Cookie (90 days after the click) has expired.
d. Payment. The balance of total Commission earned in a month will be paid at the end of the following month to You depending on Your preferred payout method that Coinlyzer supports when the threshold of $50 is reached. The Commission will be earned in USD. If You prefer the Commission payout in cryptocurrency, it will be calculated by considering the exchange rate on the day of the payout. If the total Commission for any given month does not exceed the $50 threshold, the balance will be transferred to the next month. You have full responsibility for the accuracy of Your payout payment details. You can update or change the preferred payout payment method at any time by updating Your profile located in the Referral settings. Any changes in preferred payout payment details may take one payout cycle to take effect. Coinlyzer, in its sole discretion, reserves the right to modify the available Commission payout payment methods or payment schedule at any time. Such changes shall take effect when posted.
e. Termination & Ban. Coinlyzer can terminate this Referral Program, refuse to approve the Commission and/or ban You from the program for:
i. Sharing/distributing false, misleading, negative information/messages.
ii. Conducting search engine marketing (SEM) campaigns by using the keyword “Coinlyzer” and its variations.
iii. Using Your own Referral Link to create another account.
f. Taxes. You shall be responsible for payment of all taxes to which the Commission is subject. You agree to indemnify and hold Coinlyzer harmless against any taxes, including penalties, duties and interest levied by any government on the Commission. You are required to submit W-8BEN/W-8BEN-E/W9 forms, as applicable, before any Commission shall become payable. Scanned or electronically completed and signed copies of these forms must be uploaded to Your account on the Coinlyzer Website. If the forms are not properly filed or submitted on time, Your payout will be delayed. You are responsible for the payment of all taxes related to the Commissions received under this Referral Program.
g. No Other Rights. No other rights or licenses are granted to You under this Referral Program and/or Terms and this Referral Program does not grant You any right to resell or otherwise distribute any of Coinlyzer’s service or product, nor any right to use any of Coinlyzer’s trademark, trade name, logo for purposes not expressly authorized by this Referral Program.
h. Reserved Rights. This Referral Program is non-exclusive, and shall in no way limit either Party’s right to sell directly or indirectly any product or service to any of its current or prospective clients.
7. REMEDIES FOR BREACH OF THESE TERMS
a. We may take any action that We deem necessary or appropriate if We believe that any user violates the Terms and Conditions, infringes any intellectual property rights, privacy rights or confidentiality principles, threatens anybody’s personal safety or uses offensive language. We may: (i) disclose user’s identity to law enforcement agencies, to any third party claiming violation of their intellectual property or privacy right, (ii) block user’s IP address, notify user’s Internet Service Provider, suspend or terminate any account on Our Service, (iii) moderate any content submitted to Us, (iv) take any other action provided for in these Terms and Conditions or available under equity or law.
b. Since We cannot ensure that all material submitted to Us is accurate and free of third party claims, We assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.
8. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
a. YOUR USE OF THE SERVICE, ITS CONTENT AND ANY PRODUCTS OBTAINED THROUGH IT IS AT YOUR OWN RISK. WE DO NOT GUARANTEE THAT ANY INFORMATION PROVIDED ON THE SERVICE IS COMPLETE, ACCURATE OR UP-TO-DATE. WE DO NOT WARRANT THAT THE PRODUCTS WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
b. IN NO EVENT WILL WE, OUR EMPLOYEES, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY SITES LINKED TO IT, OR ANY ITEMS OBTAINED THROUGH THE SERVICE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
c. UNDER NO CIRCUMSTANCES WILL THE SERVICE BE LIABLE FOR ANY AMOUNTS EXCEEDING THE AMOUNTS ACTUALLY PAID FOR AN ALLEGEDLY UNSATISFACTORY ITEM.
d. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION, OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree, on behalf of Yourself and Your contractors, licensors, service providers, suppliers, parent company and subsidiaries, to defend, indemnify, and hold harmless the Service, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising out of or in connection with (i) any content you submit to Us, including without limitation, product reviews, posts, articles, and images (ii) Your breach of these Terms, any law or regulation, and (iii) Your infringement of any intellectual property or privacy right of any person or entity. This indemnification provision shall apply to third-party claims as well as claims between You and Us.
10. GOVERNING LAW & ARBITRATION
Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be Las Vegas, NV. The arbitration shall be governed by the laws of the State of Nevada. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or the results of any arbitration hereunder without the prior written consent of both parties. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine a witness. In such an event, the other party shall be required to present evidence and legal argument as the arbitrator(s) may require for the making of an award. Such a waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above. YOU UNDERSTAND THAT THIS SECTION MEANS THAT, BY ACCESSING OUR SERVICE, YOU GIVE UP YOUR RIGHT TO SUE IN COURT AND TO HAVE A JURY HEAR YOUR CASE.
a. Electronic Communications. You agree that all notices or other communications regarding Your account and/or Your use of the Service ("Communications"), may be provided to You electronically and You agree to receive all Communications from Us in electronic form. You may print a copy of any Communications and retain them for Your records. All electronic Communications will be considered just as legally binding as if they were in paper form. You may revoke Your consent to receive Communications electronically, but if You revoke Your consent to receive Communications electronically, We reserve the right to terminate Your right to use Our Service.
b. Hyperlinks. You may link to our Service, as long as this is done in a fair way that is not detrimental to our reputation or business interests and does not suggest any form of association where there is none. You cannot frame our Service on any other site. We reserve the right to request that You withdraw any link and You agree to cooperate with Us in causing any unauthorized framing or linking immediately to cease.
c. Assignment. We may transfer, assign or subcontract the rights, interests or obligations under the Terms, at Our sole discretion, without obtaining Your consent.
d. Severability. Should any part of these Terms and Conditions be rendered or declared invalid by an appropriate authority, such invalidation of such part or portion of these Terms and Conditions should not invalidate the remaining portions thereof, and they shall remain in full force and effect.
e. No Waiver. Enforcement of these Terms and Conditions is solely in Our discretion, and failure to enforce the Terms and Conditions in some instances does not constitute a waiver of Our right to enforce them in other instances.
12. CONTACT US
Please direct Your questions, comments or concerns to: support [at] coinlyzer.com