1.1. The service is made available to you by Skyrex through the website located at https://skyrex.io, Skyrex mobile application(s), application program interface(s), functions and Skyrex social networks accounts. Skyrex is a non-profit organization and provides the service free of charge on “as is” basis for the purpose of education and of providing Software tools that allow to automatically apply standard dollar-cost averaging (further DCA) approach. The term “you” or “Client” refers to the person visiting or otherwise accessing or using the Software.
- 1.4.2. you assume all the obligations set forth herein;
- 1.4.3. you are of sufficient legal age and capacity to use the Software;
- 1.4.4. you are not under the control of jurisdiction that explicitly prohibits the use of similar Software;
- 1.4.5. you use the Software at your discretion and under your own responsibility.
3.1. In order to sign-up and use the Software, you must be at least eighteen (18) years of age.
3.4. The following steps are necessary to sign-up to create the Client Account and access the Software:
- 3.4.2. From the moment Skyrex provides you the Client Account to access and use the Software, the sign-up process is completed. The Client Account is provided to you free of charge. Skyrex has the right to refuse to provide you a Client Account at its sole discretion, in which case you shall not use the Software.
- 3.4.3. You can terminate the registration process at any time and/or suspend the process and resume it at a later point. You can check for any errors in the information that you have entered and, if necessary, correct these by changing your input.
- 3.4.4. After creating the Client Account, you are prompted to complete your Client Account’s profile, and you will be guided through different steps, including connecting your Client Account with your existing cryptocurrency exchange account.
- 3.4.5. Connecting with a cryptocurrency exchange account. In order to use the functions of Software you must have a cryptocurrency exchange account (“Exchange Account”) (for example, Binance, Huobi, Coinbase etc). If you do not have the Exchange Account, you may choose whether to register directly on the cryptocurrency exchange provider’s website or through a link in Clints Account page which directs you to the chosen cryptocurrency exchange provider’s website. Either way, you acknowledge that you are entering into a separate legal relationship with the chosen cryptocurrency exchange provider, and you are bound by their specific terms and conditions.
- 3.4.6. For connecting your Exchange Account with the Client Account, you must log in to your Exchange Account, create an API key and API secret, then return to the Software, navigate to “Exchange account” tab and insert the API key and the API secret. Prior to clicking “Connect” you are required to confirm that the Exchange Account belongs to you personally and you are not connecting someone else’s account. When you have concluded this step, your Exchange Account shall be displayed on the “Exchange account” tab. Under certain circumstances, we may drop the API keys for security purposes, which will require you to connect to your Exchange Account again.
3.6. Depending on the Exchange Account you use, we may automatically register you to trading contests that we organize for the possible benefits to you. Such contests do not oblige you to take actively part from the contest or do any additional actions. Registration to trading contests are not financially harmful to you. When we organize trading contests, we send you the information of the contest terms and details in advance. We can request an additional data for distribution of prizes, it is voluntary, and you have a right to refuse, however in such case your prize will be annulated
4. USING YOUR CLIENT ACCOUNT TO ACCESS THE SOFTWARE
4.1. The purpose and permitted use of your Client Account and the Software
- 4.1.1. You may use the Software only within the intended purpose and permitted use. You acknowledge that the Software allows you to automate implication of DCA approach. You agree not to use your Client Account and the Software in particular in order to:
- 220.127.116.11. upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, fraudulent, harassing, insulting, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or racist, that glorifies violence, is pornographic, unethical or otherwise prohibited or objectionable;
- 18.104.22.168. impersonate any natural or legal person, or falsely state or otherwise misrepresent your affiliation with a natural or legal person;
- 22.214.171.124. transmit or otherwise make available any content that you do not have a right to make available, that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- 126.96.36.199. engage in any activity that attempts to reverse engineer, disassemble, decompile, hack or extract any proprietary software used to maintain the Software;
- 188.8.131.52. interfere with or disrupt the Software or servers or networks connected to the Software, including but not limited to hacking or bypassing any measures we may use to prevent unauthorized access to the Software;
- 184.108.40.206. iviolate any applicable national or international rules and laws, as well as rights of third parties.
4.2. Confidentiality of the Client Account
- 4.2.1. You acknowledge that your Client Account is personal to you, and you are obliged not to provide any other person with access to the Software or portions of it using your email address, password, or other security information.
- 4.2.2.You are responsible for maintaining the confidentiality of your data and for monitoring and, if necessary, restricting access to your devices. Any email address, password or any other information chosen by you or provided to you as a part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your Client Account from a public or shared computer so that others are not able to view or record your password or other Client Account information. You agree to ensure that you logout from your Client Account at the end of each session.
- 4.2.3. You accept responsibility for all activities that occur under your Client Account or from your devices in relation to the Software and your Client Account, including any misuse of your Client Account. Skyrex will use reasonable and industry-standard security measures to protect you from unauthorized access to your Client Account. You agree to notify us immediately of any unauthorized access to or use of your Client Account or any other breach of security. If you fail to notify Skyrex accordingly, Skyrex might not be able to prevent such unauthorized access or other breach of security or take corresponding security measures.
- 4.2.4. You acknowledge and agree that to the extent permitted by applicable law, we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the unauthorized use of your Client Account arising from a failure on your part to maintain the confidentiality of your password, if we have performed our obligation to apply reasonable and industry-standard security measures.
5. CLIENT ACCOUNT FUNCTIONALITIES
5.1. The Client Account provides you with a free of charge access to “Dashboard”, “Trading diary”, “Exchange account”, “Blog” and “Community” functions provided by Skyrex in social networks accounts.
5.2. The Software provides you with tools that allow you to automatically apply DCA approach to a certain proportion of a quote currency (for example USDT) available at your Exchange Account, including but not limited to the following tools:
- 5.2.1. Dashboard, that allows you to start or stop applying of DCA approach to your account and to track statistic of your account;
- 5.2.2. Trading diary, which allows you to check operations history and export it for accounting or tax reporting purposes;
- 5.2.3. Exchange account, which allows you to connect your Exchange Account and track its structure within a pie chart and assets table;
- 5.2.4. Blog, which allows you to check educational materials or the latest news reviews;
- 5.2.5. FAQ, which allows you to find answers to the most popular questions;
- 5.2.6. Skyrex social networks account, which provides you with live chat, support and related services.
6. CLIENT ACCOUNT FUNCTIONALITIES
6.1. Skyrex accepts donations from Clients in gratitude for provision of free educational information and access to the Software in case Clients have benefits from using the services and in form of a proportion from the obtained benefits.
6.2. Donations are voluntary and are made at the discretion of a Client. A Client determines the amount of donations at own discretion while a recommended amount is calculated as a proportion from obtained by a Client benefits and is displayed in the “Dashboard” tab.
6.3. Skyrex does not bear any obligations or liabilities and retains the ability to stop providing access to the service at any time without prejudice to any other rights to terminate your Client Account.
6.4. Donations are not refundable.
7.1. SKYREX PROVIDES THE SOFTWARE. SKYREX DOES NOT PROVIDE FINANCIAL, INVESTMENT, LEGAL, TAX OR ANY OTHER PROFESSIONAL ADVICE. SKYREX IS NOT A BROKER, FINANCIAL ADVISOR, INVESTMENT ADVISOR, PORTFOLIO MANAGER OR TAX ADVISOR. NOTHING ON OR IN THE SOFTWARE SHALL CONSTITUTE OR BE CONSTRUED AS AN OFFERING OF ANY CURRENCY OR ANY FINANCIAL INSTRUMENT OR AS INVESTMENT ADVICE OR INVESTMENT RECOMMENDATIONS (SUCH AS RECOMMENDATIONS AS TO WHETHER TO PURCHASE A CURRENCY OR INSTRUMENT) BY SKYREX OR A RECOMMENDATION AS TO AN INVESTMENT STRATEGY BY SKYREX. YOU ACKNOWLEDGE AND AGREE THAT SKYREX IS NOT RESPONSIBLE FOR YOUR USE OF ANY INFORMATION THAT YOU OBTAIN ON THE SOFTWARE. YOUR DECISIONS MADE IN RELIANCE ON THE PRODUCTS OR SERVICES IN THE SOFTWARE OR YOUR INTERPRETATIONS OF THE DATA FOUND IN THE SOFTWARE ARE YOUR OWN FOR WHICH YOU HAVE FULL RESPONSIBILITY. YOU EXPRESSLY AGREE THAT YOU USE THE SOFTWARE AT YOUR SOLE RISK.
7.2. SKYREX WILL STRIVE TO ENSURE ACCURACY OF INFORMATION LISTED ON THIS WEBSITE ALTHOUGH IT WILL NOT HOLD ANY RESPONSIBILITY FOR ANY MISSING OR WRONG INFORMATION. NO CONTENT ON THE SOFTWARE IS TAILORED TO THE SPECIFIC NEEDS OF ANY INDIVIDUAL, ENTITY OR GROUP OF INDIVIDUALS. SKYREX EXPRESSES NO OPINION AS TO THE FUTURE OR EXPECTED VALUE OF ANY CURRENCY, SECURITY OR OTHER INTEREST. CONTENT ON THE SOFTWARE MAY NOT BE USED AS A BASIS FOR ANY FINANCIAL OR OTHER PRODUCT WITHOUT THE EXPRESS PRIOR WRITTEN CONSENT OF SKYREX.
7.3. HISTORICAL PERFORMANCE REPORTS OF AUTOMATIC ALGORITHMIC DCA APPROACH SOFTWARE DO NOT GUARANTEE OR SUGGEST THE SAME PERFORMANCE WILL BE OBTAINED IN FUTURE.
7.4. SOME CONTENT PROVIDED ON THE SOFTWARE IS SUBMITTED TO SKYREX BY UNRELATED THIRD-PARTY PROVIDERS. OTHER CONTENT IS UPLOADED BY YOU. SKYREX DOES NOT REVIEW ALL CONTENT FOR ACCURACY, DOES NOT REVIEW CONTENT FOR COMPLETENESS OR RELIABILITY, AND DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY OR ANY OTHER ASPECT OF ANY CONTENT. THE PERFORMANCE OF THE SOFTWARE IS DIRECTLY LINKED TO THE PERFORMANCE OF THE UNRELATED THIRD-PARTY SERVICES. SKYREX DISCLAIMS ALL RESPONSIBILITY OF NON-PERFORMANCE OF THE SOFTWARE CAUSED BY NONPERFORMANCE OF UNRELATED THIRD-PARTY SERVICES.
7.5. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU MAY LOSE SOME OR ALL OF YOUR FUNDS. CRYPTOCURRENCIES ARE A NEW AND INSUFFICIENTLY TESTED TECHNOLOGY. IN ADDITION TO THE RISKS INCLUDED HEREIN, THERE ARE OTHER RISKS ASSOCIATED WITH YOUR USE OF THE SOFTWARE, AND THE PURCHASE, HOLDING AND USE OF CRYPTOCURRENCIES, INCLUDING THOSE THAT SKYREX CANNOT ANTICIPATE. SUCH RISKS MAY FURTHER MATERIALIZE AS UNANTICIPATED VARIATIONS OR COMBINATIONS OF THE RISKS DISCUSSED HEREIN.
8. INTELLECTUAL PROPERTY AND THE LICENCE FOR THE USE OF THE SOFTWARE
8.3. Unless you have been permitted in writing to do so in a separate agreement with us, you have no right to rent, lease, lend, sell, redistribute, sublicense, copy, reverse, engineer, decompile, disassemble, translate, modify, distribute copies of, make available, adapt, or create derivative works based on the Software or its related intellectual property.
8.4. For all contents and data, that you insert or make available via the Software (“User Content”), you grant Skyrex free of charge a transferable, sublicensable, non-exclusive, irrevocable, worldwide right of use and exploitation and for the maximum term permitted under applicable law and which is unlimited in terms of content, to use these User Content for any purpose including but not limited to the purposes of:
- 8.4.1. providing the Software;
- 8.4.2. conducting research, develop new products and services;
- 8.4.3. predictive analytics and insights;
- 8.4.4. improvement and further development of the Software; and
- 8.4.5. other, including commercial use (“Right of Use and Exploitation”).
9. SUSPENSION OF FUNCTIONS OR THE SOFTWARE
9.1. Skyrex has the right to implement changes to the Software and its functions.
9.2. Until all the circumstances have been clarified and, if necessary, know your client procedures have been carried out, Skyrex may suspend or interrupt the provision of the Software, either entirely or partly, and without any liability to the Client:
- 9.2.1 if it is necessary for repairs, maintenance or other similar actions, including security updates, in which case Skyrex endeavors to notify you of the interruption in advance to the extent reasonably possible;
- 9.2.2. if your actions or omissions relating to the use of the Software interfere with or prevent the normal operation of the Software or otherwise cause, or are likely to cause, harm, damage or other detrimental effects to the Software, Skyrex or other users of the Software;
- 9.2.3. if there are reasons to suspect that your credentials have been wrongfully disclosed to an unauthorized third party and the Software is being used under such credentials;
- 9.2.5. if you refuse to provide the required clarifications within the time requested; or
- 9.2.6. for any other reasons as Skyrex may determine from time to time.
9.4. Skyrex endeavours to notify you of the interruption as far in advance as reasonably possible or, if advance notification is not possible due to the urgency of the reasons requiring interruption, without undue delay. Suspension of the Software for the reasons set out in Section 11.2 does not relieve you from the obligation to pay any applicable fees.
10. CLIENT TERM AND TERMINATION
10.2. Deletion of the Client Account
- 10.2.1 You may delete your Client Account at any time and without giving any reasons by a request in a form of email to email@example.com. Prior to deleting your Client Account, we will ask you to stop the Software operation period and disconnect any linked exchanges. In case of termination, your Client Account will be closed within seven (7) days provided that: (i) any disputes in which you have been involved have been satisfactorily resolved; and (ii) you have completed any other obligation(s) associated with your use of the Software (i.e. you have stopped the Software operation period and disconnected any linked exchanges). Within those seven (7) days you may choose to reactivate your Client Account by sending an email with corresponding request;
- 10.2.2 Skyrex may delete your Client Account by giving you seven (7) days prior notice by notifying you in the Software. The Client Account will be deleted at the end of the seventh (7) day in which the prior notice period expires. In case Skyrex detects material breach, including, without limitation, as determined in Section 9.3, Skyrex may delete your Client Account immediately, without prior notice.
- 10.2.3 Regardless of the party initiating the termination, the termination of the Client Account will mean that: (i) concurrently with the termination of the Client Account your access to the Software and products and services made available in connection therewith is revoked; (ii) you are prohibited from any further use of the Software; (iii) any and all data and information residing in your Client Account or pertaining to activity from your account will be irretrievably deleted, except to the extent that we are obligated or permitted to retain such content, data or information in accordance with applicable laws and regulations. You agree that all such measures will be carried out by Skyrex and that Skyrex will not make itself liable to you or any third parties as a result of any such measure for any reason, to the extent this is permitted by applicable law.
11. THIRD-PARTY CONTENT
11.1. Any content provided through the service including the Software is intended to be used and must be used for informational and educational purposes only. It is very important to do your own analysis before making any investment based on your own personal circumstances. You should take independent financial advice from a professional in connection with, or independently research and verify, any information that is provided by us about third parties whether for the purpose of making an investment decision or otherwise. Any content, data, information, or publications made available through the Software are furnished by us on an “as is” basis for your convenience and information. Any opinions, advice, statements, services, offers, or other information made available by third parties are those of the respective author(s) or publisher(s), and not of Skyrex. Such information should not be interpreted as approval by Skyrex of those content or information you may obtain from them. Skyrex has no control over the content or information of these resources. Skyrex disclaims any warranty or representation, either express or implied, that the information in such publications is accurate or complete.
11.2. Links to Third-Party Platforms and Information. Use of certain links on the Software will direct you to third party feeds, software, websites or mobile applications (collectively, “Third-Party Platforms”). Such Third-Party Platforms are not under the control of Skyrex, and Skyrex is not responsible for the contents of any such Third-Party Platforms or any link contained in such Third Party-Platform. Links to Third-Party Platforms included on the Software are provided for your convenience, and the inclusion of such links does not imply a recommendation or endorsement by us of any such Third Party Platform or the products or services or information offered therein. If you decide to access any Third Party Platform information linked to the Software, you do so entirely at your own risk.
11.3. Third-Party Services. We may make services from third parties, such as applications using the Skyrex API or framing in Servise, available to you through the Software. If you decide to enable, access or use services provided by other parties be advised that your access and use of such Third-Party Services is governed by the terms and conditions of such Third-Party Services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such Third-Party Services, including, without limitation, their content or the manner in which they handle, protect, manage or process data or any interaction between you and the provider of such Third-Party Services. You irrevocably waive any claim against Skyrex with respect to such Third-Party Services. We are not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such Third-Party Services, or your reliance on the privacy practices, data security processes or other policies of such Third-Party Services.
12.2. Data Skyrex collects:
- 12.2.1. Technical data upon visiting our Website, we process technical data related to your usage of the Website, including but not limited to IP address, location data (down to city level), access-provider, referring URL, date, time, access tokens, session key, browser type and version, browser language, operating system, amount, and state of transferred data. This information can be related to you, therefore, Personal Identification Information can be processed as well. These data may also be processed as anonymized statistical data.
- 12.2.2. Cookie data for optimizing the Website and its functionalities. The cookies may collect your personal data
- 12.2.3. Communication data in case you interact with us via our Website live chat, e-mails and sign-up forms, 3Commas Facebook page, Youtube channel, Twitter page or Telegram or any other official social media account, we process, in addition to Personal Identification Information (limited in case of contacting via social media), also the contents of your message.
- 12.2.4. Personal identification information: name, e-mail address, 2FA key, IP address, KYC token, language, Google Analytics client ID, Gravatar image, if you choose to sign up via Facebook, we collect your Facebook UID, Facebook profile name, Facebook e-mail
- 12.2.5 Financial and transaction data: Exchange Account username, API key, API secret, passphrase, transaction data (date/time/amount of transaction), transaction request/response, Referral status, billing information (country, phone number, address, city, postal code; in case of an entity: business name, registry code and VAT ID)
12.3 The personal data we process is collected from one of the following sources:
- 12.3.1. the data is disclosed by you directly to us;
- 12.3.2. we receive the data from your Exchange Account provider due to you connecting your Exchange Accounts to the Client Account;
- 12.3.3. we receive the data from social media service provider due to you registering or contacting with us via your existing social media account;
- 12.3.4. we receive Technical Data automatically from your browser, our servers and systems.
12.4 What Skyrex uses our personal data for:
- 12.4.1. client authentication;
- 12.4.2. client identity verification (KYC) for recovery;
- 12.4.3. client’s operations history;
- 12.4.4. responding to your enquiries and requests submitted via the website, sign -up forms, live chat or e-mail or any social media;
- 12.4.5. determine your location for designating applicable VAT rate;
- 12.4.6. enabling the Software and its functionalities;
- 12.4.7. sending newsletters to your email;
- 12.4.8. providing you with notifications via your chosen channel (email, website, mobile application, Telegram bot);
- 12.4.9. direct marketing campaigns – client marketing campaign in relation to the software, its functionalities and products already provided to you;
- 12.4.10. processing data for predictive analytics and insights, improvement and development of the Software;
- 12.4.11. diagnosing and repairing technical issues related to the Software and the website;
- 12.4.12. storing information containing personal data in backup systems;
- 12.4.13. data disclosures to potential acquirers of Skyrex business, including legal advisors, auditing services providers in case of a merger, acquisition or selling the whole or part of business;
- 12.4.14. data disclosures to our service providers;
- 12.4.15. mandatory disclosures to law enforcement and data protection authorities;
- 12.4.16. other purposes, provided that we disclose the purposes and use to you at the relevant time, and that you either consent to the proposed use of the personal data, other legal grounds exist for the new processing purposes or the new purpose is compatible with the original purpose brought out above.
12.5. Any data you provide will not be publicly displayed or shared to other Website visitors or clients. Certain employees of Skyrex have access to personal data to the extent necessary for the performance of their work duties. We use third party processors and separate data controllers to help provide our service. They will have access to your personal data as reasonably necessary to perform these tasks on our behalf and are obligated not to disclose or use it for other purposes.
12.6. We have taken necessary technical and organizational security measures to protect your personal data and privacy against accidental or unlawful destruction, loss or alteration and against the unauthorized disclosure, abuse or other processing in violation of applicable law. We also encourage you to take measures to ensure the safety of your personal data. In particular, we advise you not to share your personal data with us or any of our partners via any public forums or other public channels, unless you acknowledge and accept that relevant data will be publicly accessible.
12.7. Your personal data shall be stored insofar as reasonably necessary to attain the objectives stated above, or until the legal obligation stipulates that we do so. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the processing purposes and whether we can achieve these purposes through other means, and applicable statutory obligations. Whilst retaining the personal data, we take into account the viable need to resolve disputes and enforce the contract between us or anonymize your personal data and retain this anonymized information indefinitely. In case you are Client, as a general rule we will retain all your data for 7 days after the termination of the Client Agreement in a manner that would allow you to re-activate the Client Account. Otherwise, please see the following non-exhaustive summary on storing your personal data: For accounting purposes, we retain Financial Data and Transaction Data and Personal Identification Information connected to it for a period of 7 years from the end of the financial year when the respective business transaction took place; Data connected to the Client Agreement or the Purchase Agreement, which is first and foremost Personal Identification Information, is retained for the whole period when the respective agreement is in force and at least 3 years from the moment of termination of the respective agreement under our legitimate interests to protection ourselves against potential disputes or enforce claims. In case we have a reasonable doubt that a party has acted in bad faith, has breached any obligations intentionally or has threatened us with a dispute, we may prolong such retention period for a maximum of 10 years. Technical Data will be retained for 30 days as of the collection of such data; Communication Data, unless clearly connected to the Client Agreement, will be retained for a period of 3 years from the moment the respective communication-flow has been closed. In case any of the data stipulated above is needed for purposes of protection against ongoing or threatened disputes, we shall retain the related data as long as the dispute is solved. After the expiry of the retention period determined above or the termination of the legal basis for processing purpose, we may retain the materials containing the personal data in the backup systems, from which the respective materials will be deleted after the end of the backup cycle. We ensure that during the backup period appropriate safeguards are applied and the backed-up materials are put beyond use.
13. AVAILABILITY OF THE SOFTWARE
13.1. Skyrex will endeavour to ensure that the Software is always available; however, Skyrex cannot give any assurance that the Software will be available at all times. The Software is provided “as is” and “as available”. You do not have any right to the Software and the functions offered being available at all times or to a specific availability being guaranteed by Skyrex. Skyrex is not obliged to ensure that the Software can be accessed at all times without any interruptions or faults and does not assume any liability for this.
13.2. It may be that the Software is not available in the following cases, for example:
- 13.2.1. if the defect or fault in the Software provided via the website results from you having amended or modified the Software or in any way used the Software outside the scope of its normal and intended access and its intended usage;
- 13.2.2. if the defect or fault in the Software results from an issue with your device,
- 13.2.3. in case of technical malfunctions.
- 13.3.4. You may access and use the Software through a mobile device and computer. As the Software is provided over the Internet and mobile networks, the quality and availability of the Software may be affected by factors outside our reasonable control. Not all of the Software’s functions are available on the mobile device. You are solely responsible for any prerequisite software and hardware requirements and for any data charges and fees associated with accessing and using the Software through a mobile device.
14. WARRANTY DISCLAIMER
14.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED HEREIN, YOUR USE OF THE SOFTWARE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”. SKYREX, ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS EXPRESSLY DISCLAIM ALL OTHER REPRESENTATIONS, ENDORSEMENTS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION, WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY, ERROR-FREE, UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SOFTWARE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. YOUR SOLE AND EXCLUSIVE REMEDY, AND OUR SOLE OBLIGATION TO YOU OR ANY THIRD PARTY FOR ANY CLAIM ARISING OUT OF YOUR USE OF THE SOFTWARE, IS THAT YOU ARE FREE TO DISCONTINUE YOUR USE OF THE SOFTWARE AT ANY TIME.
14.2. SKYREX PROVIDES NO WARRANTIES OR REPRESENTATIONS REGARDING THE SOFTWARE INCLUDING BUT NOT LIMITED TO THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS; (II) THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR DEFECTS-FREE; (III) THE RESULTS OBTAINED FROM USE OF THE SOFTWARE WILL BE ACCURATE OR RELIABLE; OR (IV) THAT ANY KNOWN AND STILL NOT DETECTED DEFECTS WILL BE CORRECTED.
14.3. WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SOFTWARE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE SOFTWARE AND YOUR COMPUTER, INTERNET AND DATA SECURITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Skyrex, ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SOFTWARE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SOFTWARE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY THIRD PARTY PLATFORM LINKED TO IT.
14.4. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
15. LIMITATION OF LIABILITY
15.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW YOU EXPRESSLY UNDERSTAND AND AGREE THAT SKYREX AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU IN CONNECTION WITH YOUR USE OF THE SOFTWARE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, LOST OPPORTUNITIES, LOSS OF DATA SUFFERED, OR OTHER INTANGIBLE LOSS.
- 17.2.2. if the change relates solely to new services, functionalities or service components, and does not result in any change to the existing contractual relationship for you;
- 17.2.4. if Skyrex is obliged to implement the change in order to comply with a court judgment that is binding for Skyrex or with a binding decision by an authority, and if the change does not have any material detrimental effects on you.
- 17.2.5. You will be informed of such changes in the Software.
18. SUPPORT AND REPORTING
18.1. We only provide support services for the operation of the Software. Should you become aware of misuse of the Software including libellous or defamatory conduct, you must report it to Skyrex. We recommend contacting us for assistance if you experience any issues regarding the Software in the following ways:
- 18.1.1. by accessing Skyrex help center at Support tab when logged in to your Client Account;
- 18.1.2. by requesting support in Telegram live chat;
- 18.1.3. by sending email to firstname.lastname@example.org
19.5. No email address found on the Software may be harvested or otherwise used for purposes of solicitation.
20. ONLINE DISPUTE RESOLUTION
20.1. The European Commission has set up an online dispute resolution platform, which can be found at http://ec.europa.eu/consumers/odr.
20.2. Skyrex is not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.