TERMS OF USE

1. DEFINITIONS

In these Terms of Service, any capitalized term used in singular or plural will have the meaning defined here. The Agreement refers to these Terms and Conditions. A Claim refers to the different types of data found in a TOKENSUR DAPP. Data pertains to the user's information saved in their TOKENSUR DAPP, which may include Personal Data. Digital Assets stand for a digital version of value that is traded, issued, and transferred through a Distributed Ledger Network. A Digital Asset Offering pertains to the issuance of digital assets or tokens by an issuer where investors can subscribe or acquire digital assets or tokens. A Distributed Ledger Network refers to a distributed computing platform and operating system that uses blockchain technology and smart contract functionality. GDPR is a regulation that protects natural persons' personal data and ensures its free movement. Personal Data has the same meaning as defined in Article 4(1) of GDPR. A Smart Contract is a programmable code that creates the User's TOKENSUR DAPP based on the Distributed Ledger Network protocol. Users refer to individuals, companies, or organizations that use or intend to use Tokensur's services, including having an TOKENSUR DAPP and/or benefiting from the TOKENSUR DAPP service.

2. PURPOSE

These Terms and Conditions aim to clarify the rules for Users who wish to utilize the TOKENSUR DAPP and its services. Vice.

3. DURATION

Once the User accepts the Agreement, it becomes effective. Acceptance can be indicated through a check box or creating a TOKENSUR DAPP upon the User's request. The Agreement will remain in effect for an indefinite period of time according to the conditions outlined within it.

4. DESCRIPTION OF THE TOKENSUR DAPP

4.1 Scope of the TOKENSUR DAPP

Tokensur offers Users a digital identity called the TOKENSUR DAPP, which they can use on compatible platforms. The TOKENSUR DAPP is a verified identity available on the Distributed Ledger Network and is established through a Smart Contract. Claims are added to the TOKENSUR DAPP. Tokensur, either on behalf of the User or a qualified third party, may populate claims, or third parties may do so. When the User agrees to use the Tokensur DAPP, they acknowledge that third parties may access and use their data and populate claims. The User gives explicit permission to Tokensur and any third parties who populate claims to process their data. Tokensur stores the User's data on its server or its hosting subcontractor's server by default to enable remote processing and safeguarding of data. The User acknowledges that Tokensur's journals, logs, and records or its hosting subcontractor may be used as evidence in disputed cases. As the owner of your data, you always have control over it. When you create a TOKENSUR DAPP, we will set up two management keys for your identity. One key is linked to your wallet, and the other is held by Tokensur for administrative purposes. If you choose to revoke Tokensur's management key, please note that we cannot perform administrative services for you.

4.2 Security

At Tokensur, we prioritize data security and have implemented rigorous measures to protect against unauthorized access or damage to data. Our security practices meet the highest standards and we are committed to using the best practices to ensure the safety of our data and code. Please note that while we take every reasonable measure to prevent security breaches, such incidents may still occur due to the actions of third parties (e.g., hackers). In such cases, Tokensur cannot be held responsible for any resulting breaches Tokensur cannot be held responsible for any security breaches, but we will make every effort to resolve and secure the situation promptly.

5. SAFEKEEPING SERVICES

5.1 Scope of the Safekeeping Service

As a part of the TOKENSUR DAPP service, users may also access a Safekeeping Service. This service allows users to create a Wallet where they can securely store their Digital Assets. Once a user has successfully registered with Tokensur, they can access their Wallet.

5.2 Functionalities of the Wallet

The Wallet shows the User's Digital Assets. Tokensur provides a safekeeping service and authorized third parties keep the public and private keys associated with the Wallet. As a user, you can access several features such as viewing your wallet's public address, checking past transactions with details such as sender and recipient addresses, time stamp, and transaction ID. You can also initiate transactions, and depending on the Distributed Ledger Network, your wallet may be pre-funded with the network currency needed to cover the necessary network fees for Digital Asset transactions with your wallet.

5.3 Data sharing

Tokensur may use a third-party service provider to manage, store, and hold your Wallet. This means that the provider will give you access to their solution. When you create a user account, you may need to agree to the terms and conditions of the service provider's Safekeeping Service. By agreeing to these Terms and Conditions, you also agree to the provider's terms and conditions, which are attached in the annex. The user agrees that Tokensur may need to share their information with service providers to help them meet legal obligations or provide services. If a third-party service provider fails to deliver a service or becomes insolvent, resulting in their inability to return Digital Assets to the User, or if they breach their safekeeping duties, the User should report this issue directly to the service provider. Tokensur cannot be held liable for any damage caused to the User in relation to safekeeping services or Wallets.

5.4 Fees

Tokensur may charge fees for providing a secure wallet, safeguarding specific Digital Assets, and conducting Digital Assets transactions that involve transferring assets to and from a User's wallet. If fees are charged, Tokensur will send an invoice to the User. Failure to pay the invoice within the specified time may result in the User's Wallet being blocked by Tokensur. The User will have 15 calendar days to settle the invoice after the Wallet is blocked. If the User fails to settle the invoice, Tokensur may terminate the Agreement. If the Agreement is terminated, the User must provide Tokensur with instructions for transferring the Digital Assets. If the User fails to provide instructions, Tokensur may keep the Digital Assets in an internal wallet or sell them to recover any outstanding debt.

6. LIMITATIONS OF USE

As a User, it is important to note that providing any Data to Tokensur or any third-party that is against any regulations, laws or public policy is strictly prohibited and forbidden. This includes any content that is racist, xenophobic, bigoted, proselyte, defamatory, libellous, obscene, pornographic, violent, or may harm the privacy protection, image of people, or rights of third parties. The User must not store any files that violate the rights of authors. In the event of any claims, lawsuits, judicial or administrative recourse against Tokensur due to any such Data, including damages, compensation, litigation, and/or consulting costs, the User agrees to indemnify Tokensur. As the user, you are responsible for any data that you upload, process, or handle. You are also responsible for any instructions that trigger procedures and outcomes. Please ensure that you do not use any of our services in violation of any applicable laws or regulations. If you store any data that goes against our terms of service, Tokensur reserves the right to remove that data in an emergency or threat. If TOKENSUR DAPP decides to remove or suspend a user's account, or terminate the agreement, they may do so without notice. However, the user will not receive any compensation because of this action. Tokensur still has the right to claim damages from the user for any actions that led to this outcome.

7. FINANCIAL CONDITIONS

Tokensur may charge the User a fee for accessing the TOKENSUR DAPP and its related services.If the TOKENSUR DAPP is created for a Digital Asset Offering or for access to a third-party platform, the issuer or platform owner will cover the costs of creating the TOKENSUR DAPP. However, if there are additional changes or uses beyond the Digital Asset Offering, Tokensur may charge the User a fee. Tokensur will provide details of any fees, and the User can choose to terminate the Agreement if they do not agree with the fees. If the TOKENSUR DAPP is not related to a Digital Asset Offering or the access to third-party platforms, or if the issuer or platform owner decides not to cover the costs, the User will be responsible for the costs of creating and managing the TOKENSUR DAPP. Tokensur will provide details of the costs to the issuer. The User can choose to terminate the Agreement if they do not agree with the fees charged by Tokensur or the issuer. In either case, termination will result in the immediate termination of any TOKENSUR DAPP and related services.

8. INTELLECTUAL PROPERTY

Tokensur is the TOKENSUR DAPP's sole owner, including its brand, logo, intellectual property rights, software, applications, and database. However, the User retains ownership of their Data. The TOKENSUR DAPP does not transfer intellectual property rights to the User.

9. CONFIDENTIALITY

The components of the TOKENSUR DAPP are considered confidential information. The user agrees to keep this information private. (i) to keep confidential all information it receives from Tokensur, and (ii) not to disclose confidential information from Tokensur to any third party (other than its own Data) without Tokensur’s prior written consent. The User shall also be entitled to communicate to Tokensur that any information shared by the User with Tokensur is to be considered confidential, and Tokensur shall, to the extent acceptable, treat the information as such.

10. PERSONAL DATA

The User and Tokensur undertake to comply with applicable data protection law, including but not limited to GDPR, and conduct as well as with all necessary formalities when Personal Data of data subjects is stored or processed by using the TOKENSUR DAPP. Tokensur is committed to acting on the express instructions of the User in case of request for access, correction, or erasure.

11. LIABILITY

Tokensur assumes no responsibility regarding the suitability of TOKENSUR DAPP to the needs of the User. The User is responsible for the hardware, software, network connections, and technical safeguards needed for the use of the TOKENSUR DAPP. Tokensur shall not accept any responsibility or liability in case of malfunction or non-compliance of these elements. Tokensur shall not be held liable in case of incompatibility or malfunctioning of any third- party software. It is for the User to ensure that the treatment of TOKENSUR DAPP and related services comply with any applicable regulations. The User will be liable in case of gross negligence, fraud or wilful misconduct. In any event, Tokensur shall not be held liable for any damages that would be suffered by the User or third parties (including loss, leakage, inaccuracy or corruption of Data, business interruption, goodwill, commercial or financial loss, etc.) arising from the use of the TOKENSUR DAPP and related services, or their unavailability. Similarly, Tokensur shall not be liable in case an administrative or judicial authority requests a temporary or permanent interruption of the TOKENSUR DAPP related services. Finally, the User waives all claims against Tokensur raised after a period of one (1) year after the occurrence of a damaging event. The User is responsible and shall be held liable for any damage suffered by Tokensur and/or its subcontractor host and/or third parties regarding Data loaded. The User warrants and shall indemnify Tokensur against any action arising from any third party.

12. TERMINATION

Each Party may terminate the Agreement at any time. Since the TOKENSUR DAPP may depend on the infrastructure which Tokensur uses, the User acknowledges that Tokensur may terminate the Agreement without compensation if the host terminates its hosting service for whatever reason, or if any other party terminates its services for whatever reason. In addition, in the event of a breach by either party to any of the obligations under the terms of the Agreement, that has not been remedied within thirty (30) calendar days after notice has been given to the breaching party, the other party shall be entitled to terminate the Agreement, without prejudice to any damages which it may claim. Any claim brought by the User for compensation related to any breach of the Agreement cannot exceed the total value of the fees collected by Tokensur from such User. Exceptionally, Tokensur reserves the right to automatically terminate the Agreement without notice or compensation in the event that the User or any third parties prejudice in any way the integrity of the TOKENSUR DAPP, intellectual property rights, reputation or image of Tokensur’s brand products. Upon termination of the Agreement for breach by the User, all sums paid shall be retained by Tokensur, which will charge all fees remaining due until the end of the Agreement, and such fees shall become immediately due and payable on the effective date of termination. Upon any termination of the Agreement for breach by Tokensur, Tokensur issues a credit note for any unpaid invoice issued for the remainder of the period until the date of actual termination, and keeps the fees collected and/or past due for the period up until the effective termination.

13. REVERSIBILITY

In case of termination of the Agreement for any reason whatsoever, Tokensur agrees to send to the User a copy of any Data requested by the User in Tokensur’s standard format, at the User’s request.

14. MISCELLANEOUS

These Terms and Conditions constitute the entire agreement between the User and Tokensur in respect of the TOKENSUR DAPP. The User shall not be entitled to assign its TOKENSUR DAPP or related services to any third party without the express written consent of Tokensur. In the event that one or more stipulations of these would be considered invalid, inapplicable or unenforceable by any court of competent jurisdiction, the remaining provisions hereof shall remain valid unless otherwise specified by that court. The User and Tokensur agree that, in such case, they will negotiate in good faith the terms of replacement will be valid, enforceable and binding. In cases of force majeure, the obligations of the parties shall be suspended for the duration thereof. If the force majeure event continues for more than three (3) months, this Agreement may be terminated by written notice sent by either party to the other party, unless otherwise agreed between the parties. The failure of either party not to claim a commitment by the other party to any of the obligations contemplated herein cannot be interpreted as a waiver thereof. In case of dispute, evidence provided by Tokensur of the actions of the User or any third party, using the connection logs and transmissions identified by Tokensur, shall be considered as the only true and authentic evidence, particularly with regard to the date, nature and content of any Data and reports. As a result of the particular technologies that it uses as part of the TOKENSUR DAPP related services, Tokensur reserves the right to modify at any time without notice at its sole discretion the content of these Terms and Conditions, which take effect from the date of notification to the User. In case of substantial changes to the TOKENSUR DAPP related services, the User will be able to request the termination of the Agreement with one (1) month’s prior written notice. Tokensur shall not have to pay any compensation to the User due to the modification of the Terms and Conditions or termination of the Agreement as a consequence thereof.

The Agreement is governed by Luxembourg law. ANY DISPUTE IN CONNECTION WITH THE SERVICES, NOT AMICABLY RESOLVED BETWEEN TOKENSUR AND THE USER, SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COMPETENT COURTS OF OREGON, USA. TOKENSUR ALSO RESERVES THE RIGHT TO ENTER INTO ARBITRATION AT ITS DISCRETION WITH A OREGON, USA, ARBITRATOR OF TOKENSUR’S CHOICE.

CONTACT US

If you have any questions regarding this Privacy Policy or the practices of this Site, please get in touch with us by sending an email to hello@tokensur.com Last Updated: This Terms of Use was last updated on June 2023