TERMS OF USE

Welcome to spockanalytics.xyz, operated by Xord Private Limited, also hereby known as “we”, “us” “they” “our” or “Spock”. We run a website located at spockanalytics.xyz and other websites, domains, sub-domains, applications and tools (collectively, the “Platform”). Through our Platform we operate as a wallet analytics and search engine platform that provides DAOs and protocols (“Customer”/ “Customers”, “Users” / “User”, “You “or “Your”) with the metrics they need to target, understand and grow their user base (“Services”). The Service is provided on an “as is'' and “as available” basis. We expressly disclaim, and you waive, all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the Service, including the information, content and materials contained therein.

Please read these terms of use (“Terms” / “User Agreement”), in its entirety, which govern your access and use of the Platform. These also contain important information about your rights and obligations, as well as limitations and exclusions that apply to your use of our Platform.

A. CONDITIONS OF USE

By using the Platform, you hereby accept these Terms (including the linked information herein) and represent that you agree to comply with these Terms. This User Agreement is deemed effective upon your use of the Platform which signifies your acceptance of these Terms. If you do not agree to be bound by this User Agreement please do not access, register with or use our website or the Platform.

Spock reserves the unfettered right to change, modify, add, or remove portions of these Terms at any time without any prior notification. Changes will be effective when posted on the Platform with no other notice provided. Please keep yourself updated regarding these Terms by frequently visiting our Platform. Your continued use of the Platform following the posting of changes to these Terms constitutes your acceptance of those changes.

1. Registration and User’s Account

In order for us to provide you with information regarding certain Services, we require you to provide us with certain information, including your personal information, about yourself as part of the registration process to successfully make a User account (“Account”). Your action of successful registration constitutes your acceptance of these Terms and the Privacy Policy of Spock. The data required for registration provided by the User must be complete and accurate. The User is responsible for updating its/his/her own data that can be amended at any time from the respective interface of the Platform. We take no responsibility over the use of the User Account and expressly disclaim any liability therefrom. Should a User suspect that any unauthorized party might be using its/his/her account, he/she/it is under an obligation to notify us immediately, by emailing us at hello@spockanalytics.xyz, By submitting the personal details at the time of registration and pursuant to the use of the Platform, the User hereby affirmatively consents to our use of its/his/her personal details for contacting it/him/her directly in order to provide /him/her the Services, including but not limited to occasionally sending notifications, text messages with promotional offers, service updates and reaching out to the User to survey regarding the quality of the Platform. Notwithstanding anything contained herein, Spock at its sole discretion reserves the right to restrict, suspend, or terminate the User’s Account if it is believed that the User is or may be in breach of this User Agreement or law or is misusing the Services.

Upon registration on the Platform, Spock shall assign an account and issue a User ID and password (the latter shall be chosen by a User during registration) to each User (“User ID”). Each User shall be solely responsible for maintaining the confidentiality and security of their User ID and for all activities that occur under their Account. No User must share, assign, or permit the use of its/his/her User ID by another person outside of the User’s own business. Users agrees to notify Spock immediately if they become aware of any unauthorized use of their password or account or any other breach of security of their Account.

2. User’s Responsibilities:

This User Agreement only governs your use of the Platform and does not govern the relationships /arrangements between you and your users/customers/third parties and Spock takes no responsibility or liability for such relationships and/or arrangements. Once you provide us with all the necessary information as requested on the Platform through your User Account, based on such information, we provide you with the relevant data.

Each User represents, warrants and agrees that:

  • all information submitted by them to Spock whether during the registration process or thereafter shall be true, current, complete and accurate and shall promptly update any change in the said information.
  • they have complete power and authority to accept these Terms and have power and authority to perform any obligations stated in these Terms; 
  • they consent to the inclusion of the information about them, whether personal or otherwise, in our User database and authorize Spock and our affiliates to share such information and use their information in accordance with the Privacy Policy.

Each User further represents, warrants and agrees that they shall:

  • carry on their activities on the Platform in compliance with any applicable laws and regulations;

  • conduct their transactions through our Platform in good faith;

  • carry on their activities in accordance with the Terms and any applicable additional terms and conditions of their users/customers;

  • not use the Services or Platform to defraud any person or entity;

  • not impersonate any person or entity, misrepresent themselves or their affiliation with any person or entity;

  • not engage in spamming or phishing;

  • not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc.) or encourage or abet any unlawful activities;

  • not involve in any attempts to copy, reproduce, exploit or expropriate Spock’s various proprietary information and data;

  • not involve any computer viruses or other destructive or interruptive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;

  • not involve in any scheme to undermine the integrity of the data, systems or networks used by Spock and/or any User of the Platform or gain unauthorized access to such data, systems or networks;

  • not engage in any activities that would otherwise create any liability for Spock or our affiliates.

  • not use the Services and User ID to engage themselves in activities which are identical or similar to Spock’s business model.

Each User further represents, warrants and agrees if user is integrating their DAPPs and adapters on our platform that:

  • we shall not be liable for informing the User's own end-users about the data collection, usage and sharing practices of the User's DAPPs and adapters on our platform.

4. Breaches by Users

Without limiting the generality of the provisions of the Terms, a User would be considered as being in breach of the Terms in any of the following circumstances:

  • upon complaint or claim from any third party and Spock having reasonable grounds to believe that such User has willfully or materially failed to perform their obligations under these Terms;

  • Spock has reasonable grounds to suspect that such User has used a stolen debit or credit card or other false or misleading information in any transaction;

  • Spock has reasonable grounds to suspect that any information provided by the User is not current or complete or is untrue, inaccurate, or misleading; or

  • Spock believes that the User’s actions may cause financial loss or legal liability to Spock or their affiliates.

Spock reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal, cyber or civil wrongdoing.  Further, to the extent permitted by applicable laws and policies, Spock may disclose the User’s identity, contact information and/or information regarding the User’s Account(s), or activities carried by Users, if requested by a government or law enforcement body, an injured third party, or as a result of a or other legal action. Spock shall not be liable for damages or results arising from such disclosure, and Users agree not to bring any action or claim against Spock for such disclosure.

B. DISCLAIMERS AND LIABILITIES

Content provided on this Platform is solely for informational purposes. We take no responsibility for the accuracy and reliability of all information received by the Users as displayed on the Platform. All information and materials provided by Spock, whether or not provided on Spock’s website or subdomains, on third party websites including but not limited to Spock’s social media accounts, in marketing materials, newsletters or any form of publication, are intended for general information only. Spock makes no representation and assumes no liability to the accuracy or completeness of the information provided. Any information provided is not intended to be and does not constitute financial advice, investment advice, trading advice, strategic advice, legal advice or any other advice or recommendation of any sort offered or endorsed by Spock. Spock also does not warrant that such information is accurate, complete, or applicable to the circumstances of any particular case. Your decision shall be solely yours and shall not be only based on the information displayed on the Platform. We do not make or give any representation or warranty as to specifics of any data or information displayed on the Platform. We accept no liability for any errors, omissions, or any actions whether on behalf of us or our affiliates.

Please review our Privacy Policy, which also governs User’s visit to the Platform. The personal information / data provided to us by you or your use of our Platform will be treated as strictly confidential, in accordance with the privacy agreement. If you object to your information being transferred or used in the manner specified in the privacy agreement, please do not use the Platform.

1. Site only for Information

You agree and acknowledge that we are only providing you information and cannot be a party to or control in any manner any transactions between you and any other third party. We disclaim any liability from any claims by User’s customers/clients or any third parties associated with a User.

2. Continued Availability of the Platform

We will do our utmost to ensure that access to the Platform is consistently available and is uninterrupted and error-free. However, due to the nature of the internet and the nature of the Platform, this cannot be guaranteed. Additionally, your access to the Platform may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or Services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction. We take no responsibility for any loss of business/profit or otherwise any loss suffered by any User due to the Platform suspension or downtime.

3. Disclaimer of Liability

You acknowledge and undertake that you are accessing the Services on the Platform and using the information at your own risk and are using your best and prudent judgment before using the Services or making any decisions based on the information. We shall neither be liable nor responsible for any actions or inactions of the Users and hereby expressly disclaim any and all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and any third party including your customer/users.

We will not be responsible for any business or personal losses (including but not limited to loss of profits, revenue, contracts, anticipated savings, data, goodwill, or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the Platform.

4. Limitation of Liability

You agree that neither Spock nor its employees, directors and personnel shall be liable for any direct, indirect, incidental, special, consequential or exemplary damages arising out of or in connection with your use of the Platform and in connection with the Services availed through the Platform. You further agree that Spock shall not be liable for any damages arising from interruption, suspension or termination of Services, including without limitation any direct, indirect, incidental, special, consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent.

5. Indemnity

You agree to defend, indemnify and hold harmless Spock and its officers, directors, employees, agents and affiliates (each, an “Indemnified Party”), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys' fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your unauthorized use of the Platform or from any breach by you of these Terms, including without limitation any actual or alleged violation of any federal, provincial or local statute, ordinance, administrative order, rule or regulation. Spock shall provide notice to you promptly of any such claim, suit or proceeding and shall have the right to control the defense of such action, at your expense, in defending any such claim, suit or proceeding. You agree that this clause shall survive termination of this agreement.

C. TRADEMARKS AND COPYRIGHTS

Spock analytics, Spock Search, Spock, and other marks indicated on our Platform or website are trademarks or registered trademarks in the relevant jurisdiction(s). Our graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress and may not be used in connection with any service that does not belong to us or in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits us. All other trademarks that appear on this Platform are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

All intellectual property rights, whether registered or unregistered, in the Platform, information content on the Platform and all the website design, including, but not limited to data, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the Platform also are protected by copyright as a collective work under copyright laws and international conventions. All rights are reserved.

You may not, and will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with our Platform and its contents whether in whole or in part, or create any derivative works from it.

D. GENERAL PROVISIONS

1. Communicating with Us

When you visit the Platform, or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, short messaging service, and phone call or by posting notices on the Platform or by any other mode of communication we choose to employ. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the Platform (and/or placement of your order) and agree to treat all modes of communication with the same importance.

2. Amendments

We reserve the right to make changes to the Platform, its policies, these Terms and any other publicly displayed condition or Service promised at any time. You will be subject to the policies and Terms in force at the time you used the Platform unless any change to those policies or these Terms is required to be made by law or government authority.

Spock reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of these Terms, effective immediately without prior notice. Your continued use of the Platform following any revision to these Terms shall constitute your complete and irrevocable acceptance of any and all such changes. Contact us if you have any comments or questions, please do not hesitate to reach out to us at hello@spockanalytics.xyz.

3. Events Beyond Our Control

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause or reason which is beyond our reasonable control.

Under no circumstances shall Spock be held liable for any delay or failure or disruption of the content or Services delivered through the Platform resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

4. Termination

In an event of a breach by you of these Terms, in addition to any other legal or equitable remedies, we may, without prior notice to you, immediately revoke any or all of your rights granted under these Terms. Upon such termination, you shall immediately cease all access to and use of the Platform and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Platform in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Spock shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Platform or with any terms, conditions, rules, policies, guidelines, or practices in operating the Platform, your sole and exclusive remedy is to discontinue using the Platform and its Services.

5. Governing law and jurisdiction

These Terms are governed by the laws of Pakistan. The courts in Pakistan shall have the exclusive jurisdiction and venue over any dispute arising out of or relating to these Terms, and each party hereby consents to the jurisdiction and venue of such courts. If any provision of these Terms is found to be invalid in any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.