Last Updated, November 22, 2023
Obscuro Limited (“our,” “us,” “we” or “Obscuro Labs“), a private limited company incorporated and registered in England and Wales under company number 13873741 with a registered office at Ground Floor, Cromwell House, 15 Andover Road, Winchester, SO23 7BT, UK, welcomes you. These Terms of Service ("Terms") govern your access to and use of the Website, Ten Testnet services and software (collectively, the "Services"). By using our Services, you agree to these Terms. These Terms set forth the legal terms and conditions governing your Testnet use. These Terms, along with any of our other policies and rules referenced herein, comprise the entire understanding between you and Obscuro Labs regarding the Services and supersede all other agreements, understandings, or representations with respect to such subject matter, either written or oral. If you do not agree to these Terms, do not use our Services. By using our Services, you confirm that you accept these Terms and that you agree to be bound by and comply with these Terms, and you represent and warrant that you have the willingness, right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). If you do not agree to all of these Terms in their entirety, you may not use the Services or any other related site in any manner. You must be 18 years of age or older to use the Services. By using the Services, you confirm, represent and warrant that you meet these requirements.
UNLESS YOU ARE A UK OR EU RESIDENT AND USE THE SERVICES MAINLY FOR NON-BUSINESS PURPOSES, SECTION 11 OF THESE TERMS INCLUDES A BINDING ARBITRATION PROVISION WHICH, NOTWITHSTANDING CERTAIN LIMITED EXCEPTIONS, (A) REQUIRE ANY DISPUTES BETWEEN US TO BE RESOLVED THROUGH INDIVIDUAL AND BINDING ARBITRATION RATHER THAN BY A JUDGE OR JURY IN COURT; AND (B) LIMIT THE TIME PERIOD WITHIN WHICH YOU MAY BRING A CLAIM AGAINST US.
You expressly acknowledge that your use of the Services is provided to you on an “as is” and “as available” basis without any warranty under these Terms and to the extent allowed by applicable law, all express or implied conditions, representations and warranties including without limitation, any implied warranties or conditions of merchantability, fitness for a particular purpose, satisfactory quality, or arising from a course of dealing usage or trade practice, or warranty of non-infringement are disclaimed. In instances where we discuss future ideas or potential developments, we are expressing our vision and aspirations. However, this should not be interpreted as a binding commitment or a guarantee that these concepts will materialise, that we will implement any of them, or that they will prove effective.
You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Services or Terms.
Your privacy is important to us. In using the Services, you may be required to provide certain personal information. We will use this information solely for the purpose of facilitating your use of the Services, including but not limited to identity verification, compliance with legal obligations, and improving the Services. We will not share your personal data with third parties, except as required by law or for the purpose of providing the Services. Your data will be stored securely and will be deleted when no longer necessary for the provision of the Services or as required by applicable law.
All the copyright and other intellectual property rights in our Services are reserved. Neither these Terms nor your access to the Services transfers to you or any third party any rights, title, or interest to such intellectual property rights. You agree not to take any action(s) inconsistent with such ownership interests. We reserve all rights in connection with the Services and its content, including, without limitation, the exclusive right to create derivative works. Obscuro Labs welcomes feedback, comments and suggestions for improvements to the Testnet and related technologies of the Services (“Feedback”). You grant to Obscuro Labs a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose, in any form, format, media or media channels now known or later developed or discovered.
A third-party product site link is not an indication that we endorse such third-party products or are in a manner affiliated with them. Any time we link to, quote, or otherwise reference any third-party products or reproduce or incorporate their information, content, or material, it is solely for informational purposes. These third-party products are owned, operated, and controlled by third parties. We strongly advise you to read the terms and conditions and privacy policies of any third-party products you visit and/or use. When you use or rely on any third-party products, you do so at your own risk. You understand that you are solely responsible for any fees or costs associated with using third-party products and that, unless stated herein, the Terms do not otherwise apply to your dealings or relationships with any third parties or third-party products, and we assume no obligations or liability and make no representations or warranties regarding such third-party products.
You may only use the Services for lawful purposes and in compliance with these Terms. You agree not to use the Website and Services to do any of the following:
You acknowledge and agree to, at your own expense, defend, indemnify and hold harmless Obscuro Labs and its affiliates and their respective equity holders, directors, officers, employees, managers, partners, service providers, licensors, licensees, representatives, agents and successors (“Indemnified Parties“) from any claim, actions, liabilities, losses, damages, suits and expenses, costs of whatever kind, including attorneys’ and expert fees and legal expenses, that we incur in connection with or arising out of your use of the Services, including but not limited to: (i) any breach or violation of these Terms by you; (ii) material entered into or transmitted through the Services by you or a third party acting at your request; (iii) your use of any third-party products; (iv) a claim that any use of the Services by you infringes any intellectual property right of any third party, or any right of privacy or publicity, is libellous or defamatory, or otherwise results in injury or damage to any third party; or (iv) any deletions, additions, insertions, or alterations to, or any unauthorised use of, the Services by you (collectively, “Claims“). You agree to promptly notify us of any third-party Claims and cooperate with the Indemnified Parties in defending such Claims. We reserve the right to assume the exclusive defence and control of any Claim and matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any matter without our prior written consent.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL THE INDEMNIFIED PARTIES OR ANY OF THEM BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR: (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS, OR REVENUE, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION; (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF ONE-HUNDRED POUNDS (£100); OR (D) ANY MATTER BEYOND THE REASONABLE CONTROL OF THE INDEMNIFIED PARTIES OR ANY OF THEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE FOREGOING LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. Nothing in these Terms is intended to exclude or limit our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation, or to affect your statutory rights.
We may terminate or suspend your access to our Services at any time for any reason.
You acknowledge and agree that we will not be liable for failures or delays in providing Services or other non-performance caused by events including but not limited to strikes, insurrection, riot, civil unrest, war, fires, utility, or power failures, equipment failures, changes in law, cyberattacks, denial of service attacks, non-performance of our vendors or suppliers, acts of god, pandemic or epidemic events, or other causes over which we have no reasonable control. We will make reasonable efforts to limit the effect of any of those events and start or restart the Website and Services as soon as those events have been fixed.
Any dispute, claim or request for relief arising out of or in connection with these Terms and/or the Services, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration, shall be London, United Kingdom. The language to be used in the arbitration shall be English. The governing law shall be the substantive law of England. To the extent there is a dispute regarding any Claim (including questions about the scope, applicability, interpretation, validity, and enforceability of this arbitration agreement), you and Obscuro Labs agree that this threshold dispute shall be delegated to the arbitrator (not a court) and that the arbitrator shall have initial authority to resolve such threshold disputes, except as expressly provided below. The arbitration will be final and binding, and the judgement on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Please be advised that all arbitration proceedings are confidential unless the parties agree otherwise.
If you are a UK or EU resident and use the Services mainly for non-business purposes, you can bring proceedings in any competent courts in the country of your main residence that has jurisdiction over your claim or dispute. Governing law. These Terms and any issue, claim or dispute between you and us that arises out of them (or otherwise relating to the Services) will be governed by the laws of England. However, any additional, mandatory consumer rights and protections that you are entitled to under the laws of the country in which you reside will also apply.
We reserve the right, in our sole discretion, to modify, suspend or discontinue the Terms and /or Services (or any features or parts thereof) from time to time to reflect changes to our Services, our users’ needs, our business priorities or changes in laws applicable to us, without liability to you. We will give you reasonable notice when we change our Terms. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. Please check these Terms regularly to ensure you agree with the most recent version.
We may make any improvement, modifications or updates to the Services, including but not limited to changes and updates to the underlying software, infrastructure, security protocols, technical configurations or service features (the “Updates”) from time to time. Your continued access and use of our Services are subject to such Updates and you shall accept any patches, system upgrades, bug fixes, feature modifications, or other maintenance work that arise out of such Updates. We are not liable for any failure by you to accept and use such Updates in the manner specified or required by us. Although the Company is not obligated to monitor access to or participation in the Services, it has the right to do so for the purpose of operating the Services, to ensure compliance with the Terms and to comply with applicable law or other legal requirements.
If you have any questions about the Website or these Terms, please contact us at firstname.lastname@example.org