Client Terms of Use

These Terms of Use are effective as of March 16th, 2022.

1. INTRODUCTION

1.1 This service is provided to you by DeCommas(“DeCommas”, “we”, “us” or “our”) through the website located at https://decommas.io, DeCommas application located at http://app.decommas.io/, application program interface(s) (collectively, “Software”) for the purpose of providing tools that allow exploring, managing and automation of your digital assets. The term “you” or “Client” refers to the person visiting or otherwise accessing or using the Software.

1.2 These terms and conditions (“Terms of Use”) and the Privacy Policy (as defined below) govern your access to and use of the Software and constitute the entire, complete, and binding agreement between you and DeCommas with respect to the Software.

1.3 You should also read our Privacy Policy, which is incorporated by reference into the Terms of Use. If you do not wish to be bound by these Terms of Use or by the terms of our Privacy Policy, please do not access or use the Software.

1.4 THESE TERMS OF USE CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE SOFTWARE. BY USING THE SOFTWARE IN ANY WAY AND FOR ANY PURPOSE, FROM ANY DEVICE AND LOCATION, YOU AGREE AND CONFIRM THAT:

1.4.1 you have read and understood these Terms of Use and you accept and agree to be bound by these Terms of Use as they appear on each respective date that you use 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.

2. SUBJECT MATTER OF THE TERMS OF USE

2.1 These Terms of Use apply between  DeCommas and the Client using the Software. The Software is made available to you via website https://decommas.io and/or http://app.decommas.io/ on computer or mobile device.

2.2 These Terms of Use constitute a legally binding agreement between you and DeCommas and covers the operation and provision of the Software. The Software is provided to natural and legal persons with a digital assets wallets and is intended to help with managing personal cryptocurrency holdings. You shall not use the Software to manage third-party’s cryptocurrency wallets in any way.

2.3 DeCommas may update or revise these Terms of Use from time to time by providing notice of such updates or revisions on the Software. Such changes to the Terms of Use will take effect as of the “Last updated” date stated at the beginning of these Terms of Use. Each time you access the Software, you agree to be bound by the most current version of the Terms of Use. You agree that you will review these Terms of Use periodically. If you do not agree to the terms of these Terms of Use or any modified version of these Terms of Use, your sole recourse is to terminate your use of the Software.

3. USE OF SERVICE

3.1 In order to use the Software, you must be at least eighteen (18) years of age.

3.2 If you are entering into these Terms of Use on behalf of a legal person (i.e. company or other legal entity), you represent that you have the authority to bind such legal person to these Terms of Use and that you have shared all email addresses, passwords and access credentials with other authorized representatives of the legal person. If you do not have such authority you shall not access or use the Software.

3.3 Prior to use of Software, you are solely responsible for ensuring that the use of the Software in accordance with these Terms of Use in your jurisdiction of residence is permitted by applicable laws. If such use is not permitted by laws, you shall not access or use the Software.

3.4 The following steps are necessary to access all functions of the Software:

3.4.1 Connect your wallet to DeCommas app.

3.4.2 From the moment DeCommas allows you to connect your wallet address to access and use the Software, temporary access to http://app.decommas.io/ is completed. The access to http://app.decommas.io/ is provided to you free of charge. DeCommas has the right to refuse to provide you with DeCommas services at its sole discretion, in which case you shall not use the Software.

4. ACCESS TO THE SOFTWARE

4.1 The purpose and permitted use of the Software

4.1.1 You may use the Software only within the intended purpose and permitted use. You acknowledge that the purpose of the connecting your wallet is to provide you with access to the Software with tools to manage finances which solely belong to you. Any use for other purposes or particular misuse of the Software, is not permitted. You agree not to use your our Software in particular in order to:

4.1.1.1 upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, fraudulent, harassing, insulting, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racist, that glorifies violence, is pornographic, unethical or otherwise prohibited or objectionable;

 4.1.1.1.1 DeCommas provide Software as it is. And we are no liable for content which was provided to you by 3rd party;

4.1.1.1.2 impersonate any natural or legal person, or falsely state or otherwise misrepresent your affiliation with a natural or legal person;

4.1.1.3 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;

4.1.1.4 engage in any activity that attempts to reverse engineer, disassemble, decompile, hack or extract any proprietary software used to maintain the Software;

4.1.1.5 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 unauthorised access to the Software; and/or

4.1.1.6 violate any applicable national or international rules and laws, as well as rights of third parties.

5.SOFTWARE FUNCTIONALITIES

5.1 The Software provides you with a free of charge access to “Dashboard”, “Portfolio”, “Tools”, “Explore”, “Bridges”, “Options”, “Futures”, “Earn”, “Farm Explorer”, “Pool Explorer”, “NFT Gallery”, “Move Solana Assets”, “Solana Multisender”, “Faucets”, “Accounts Creator”. Description of specific Software functionalities are provided below:

5.2 The Software provides you with tools that allow you to explore and manage your cryptocurrency holdings across the Decentralised Exchanges, including but not limited to the following tools:

5.2.1 Dashboard, which provides you with overview of Software tools;

5.2.2 Portfolio:
5.2.2.1
 Wallet explorer, which allows Clients to track digital assets on any public address: token balances, Liquidity Provision tokens and status information in different protocols / dApps;
5.2.2.2 NFT gallery, which allows Clients to track digital Non-Fungible Tokens on any public address;

5.2.3 Tools

5.2.3.1 Account creator, which allows Clients to create multiple Solana key pairs that consist of public and private key;

5.2.3.2 Solana multisender, which allows Clients to send their digital assets to multiple Solana blockchain addresses in a single go;

5.2.3.3 Move Solana assets, which allows Clients to transfer all liquid assets from one wallet address to another;

5.2.4 Explore

5.2.4.1 Pool Explorer, allows Clients to track information on Liquidity Pools on Decentralised Exchanges;

5.2.4.2 Farm explorer, which allows Clients to track information on Liquidity Pools on Decentralised Exchanges that are incentivised with token rewards;

5.2.4.3 Faucets, which provide data on Testnet Faucets across different blockchains;

5.2.5 Bridges, which provide data on cross-chain bridges and routes between them;
5.2.6 Options, which provides data on Options Contracts on Centralised and Decentralised cryptocurrency exchanges;

5.2.7 Futures, which provides data on Perpetual Futures funding rate data on Decentralised Exchanges;

5.2.8 Earn, which allows Client to automate certain trading instruments and strategies on Decentralised Exchanges. By providing automation and simplification tools for certain trading instruments and strategies, DeCommas does not guarantee any profit for Clients of these instruments. All products presented in Earn page and connected to it are developed solely in purpose of increasing convenience and simplifying certain aspects of interaction with blockchain, cryptocurrencies, digital assets and decentralised finance.

6. DISCLAIMER

6.1 DECOMMAS PROVIDES THE SOFTWARE. DECOMMAS DOES NOT PROVIDE FINANCIAL, INVESTMENT, LEGAL, TAX OR ANY OTHER PROFESSIONAL ADVICE. DECOMMAS 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 DECOMMAS OR A RECOMMENDATION AS TO AN INVESTMENT STRATEGY BY DECOMMAS. YOU ACKNOWLEDGE AND AGREE THAT DECOMMAS 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.

6.2 DECOMMAS 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. DECOMMAS 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 DECOMMAS.

6.3 SOME CONTENT PROVIDED ON THE SOFTWARE IS SUBMITTED TO DECOMMAS BY UNRELATED THIRD-PARTY PROVIDERS. OTHER CONTENT IS UPLOADED BY YOU. DECOMMAS 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. DECOMMAS PROVIDE SOFTWARE AS IT IS. DECOMMAS DISCLAIMS ALL RESPONSIBILITY OF NON-PERFORMANCE OF THE SOFTWARE CAUSED BY NONPERFORMANCE OF UNRELATED THIRD-PARTY SERVICES.

6.4 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 DECOMMAS CANNOT ANTICIPATE. SUCH RISKS MAY FURTHER MATERIALIZE AS UNANTICIPATED VARIATIONS OR COMBINATIONS OF THE RISKS DISCUSSED HEREIN.

7. INTELLECTUAL PROPERTY AND THE LICENCE FOR THE USE OF THE SOFTWARE

7.1 The Software and other intellectual property objects displayed, distributed, or otherwise made available via the Software, is the exclusive property of DeCommas, and its successors, assigns, licensors, and/or suppliers. Unless specifically provided in the Terms of Use or if you have agreed otherwise in writing with DeCommas, nothing in these Terms of Use gives you a right to use the Software and its content, DeCommas’ trade-marks or other intellectual property of DeCommas.

7.2 DeCommas grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Software for your personal, non-commercial use, as described in these Terms of Use, for the period you access the Software. Any intellectual property objects (without limitation, all information, data, products, materials, services, software applications and tools, APIs, design elements, text, images, photographs, illustrations, audio and video contents, artwork and graphics contained therein or otherwise made available to you in connection therewith) provided through or used to operate the Software is licensed, not sold, to you by DeCommas. DeCommas may inform you, by notice within the Software or otherwise, that the Software contains intellectual property governed by the licence of a third party and you agree to abide by the terms of the Software.

7.3 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.

7.4 For all contents and data, that you insert or make available via the Software (”Client Content”), you grant DeCommas 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 Client Content for any purpose including but not limited to the purposes of:

7.4.1 providing the Software;

7.4.2 conducting research, develop new products and services;

7.4.3 predictive analytics and insights;

7.4.4 improvement and further development of the Software; and

7.4.5 other, including commercial use (”Right of Use and Exploitation”).

7.5 The Right of Use and Exploitation covers, but not exclusively, the right to amend, edit and translate, as well as to store, reproduce, disseminate, make accessible to the public, send, disclose publicly and non-publicly and otherwise make available the Client Content. By entering or making available Client Content via the Software, you guarantee that the Client Content is in accordance with these Terms of Use, does not violate the rights of third parties and that you are entitled to grant these Rights of Use and Exploitation. You shall indemnify DeCommas against all claims brought by third parties against DeCommas in connection with the exercise of these Rights of Use and Exploitation.

8. SUSPENSION OF FUNCTIONS OR THE SOFTWARE

8.1 DeCommas has the right to implement changes to the Software and its functions.

8.2 Until all the circumstances have been clarified and, if necessary, know your client procedures have been carried out, DeCommas may suspend or interrupt the provision of the Software, either entirely or partly, and without any liability to the Client:

8.2.1 if it is necessary for repairs, maintenance or other similar actions, including security updates, in which case DeCommas endeavours to notify you of the interruption in advance to the extent reasonably possible;

8.2.2 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, DeCommas or other Clients of the Software;

8.2.3 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;

8.2.4 if you use the Software in breach of these Terms of Use and have not remedied the breach without delay after having been notified thereof by DeCommas or use the Software in violation of any applicable laws, regulations, or regulatory provisions; or

8.2.5 for any other reasons as DeCommas may determine from time to time.

8.3 Material breach of the Terms of Use may include, without limitation, actions and inactions described in Sections 8.2.2 to 8.2.4.

8.4 DeCommas 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. 

9. PRIVACY AND PERSONAL INFORMATION

9.1 In order to make full use of the Software, you will need to provide some information relating to you (“Personal Data”). You acknowledge that DeCommas will collect and use certain Personal Data as described in our Privacy Policy. For more information about our collection, use, disclosure and protection of your Personal Data, please read our Privacy Policy. Questions or requests with respect to your Personal Data may be sent via email to [email protected].

10. AVAILABILITY OF THE SOFTWARE

10.1 DeCommas will endeavour to ensure that the Software is always available; however, DeCommas 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 DeCommas. DeCommas is not obliged to ensure that the Software can be always accessed without any interruptions or faults and does not assume any liability for this.

10.2 It may be that the Software is not available in the following cases, for example:

10.2.1 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;

10.2.2 if the defect or fault in the Software results from an issue with your device,

10.2.3 in case of technical malfunctions.

10.3 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.

11. WARRANTY DISCLAIMER

11.1 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”. DECOMMAS, 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.

11.2 DECOMMAS 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.

11.3 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. DECOMMAS PROVIDE SOFTWARE AS IT IS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DECOMMAS, 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.

11.4 THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

12. LIMITATION OF LIABILITY

12.1 DeCommas does not make any warranties or representations other than those explicitly mentioned in these Terms of Use. The Software has not been developed to meet your individual needs.

12.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW YOU EXPRESSLY UNDERSTAND AND AGREE THAT DECOMMAS 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.

13. INDEMNIFICATION

13.1 To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless DeCommas, its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms of Use or your use of the Software, including, but not limited to, your submissions, Third Party Platforms, any use of the intellectual property, services, and products other than as expressly authorized in these Terms of Use.

14. CHANGES TO THE TERMS OF USE

14.1 DeCommas reserves the right to change these Terms of Use. You will be informed of any changes to the Terms of Use. DeCommas will inform you in advance by posting to the Software. It will be effective upon posting. It is your responsibility to check for incoming messages regularly.

14.2 DeCommas reserves the right to change the Terms of Use with the following types of changes without providing you with a prior notice:

14.2.1 if the change to the Terms of Use is only advantageous for you;

14.2.2 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;

14.2.3 if the change is necessary to harmonise the Terms of Use with the applicable statutory requirements, in particular in the event of a change in the applicable legal situation, and if the change does not have any material detrimental effects on you; or

14.2.4 if DeCommas is obliged to implement the change in order to comply with a court judgment that is binding for DeCommas or with a binding decision by an authority, and if the change does not have any material detrimental effects on you.

14.3 You will be informed of such changes in the Software.

15. SUPPORT AND REPORTING

15.1 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 DeCommas. We recommend contacting us for assistance if you experience any issues regarding the Software by sending email to [email protected].

16. GENERAL

16.1 These Terms of Use, including the Privacy Policy and any other URL incorporated by reference in these Terms of Use constitute the entire agreement between you and DeCommas relating to your use and our provision of the Software.

16.2 The parties agree that if a party does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which it has the benefit of under any applicable law), this will not be taken to be a formal waiver of its rights and that those rights or remedies will still be available to the party.

16.3 If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, this will not affect any other provision of these Terms of Use and the agreement between you and us will be deemed amended to the extent necessary to make it legal, valid, and enforceable.

16.4 The parties hereto confirm that they have requested that these Terms of Use, including the Purchase Agreement and all related documents are drafted and concluded in English. Any translation hereof has been provided for information purposes only and does not have any legal value nor create any contractual relationship between the parties.

16.5 No email address found on the Software may be harvested or otherwise used for purposes of solicitation.

16.6 The relationship between the parties is that of independent contractors. Nothing contained in these Terms of Use shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.

16.7 These Terms of Use and any contractual or non-contractual disputes arising out of or in connection with the use of the Software will be governed by and in accordance with Estonian law and settled in Harju County Court (Estonia).

16.8 You will not assign any of your rights or delegate any of your obligations under these Terms of Use without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Use.

16.9 DeCommas may transfer its rights and obligations under these Terms of Use to a third party. In this case, DeCommas will inform you in advance of the transfer to the third party accordingly in the Software, by posting to the Software. It will be effective upon posting. It is your responsibility to check for incoming messages regularly.

16.10 If any provision of these Terms of Use is deemed to be unenforceable or invalid by any court or arbitrator of competent jurisdiction, for any reason, that provision will be limited or severed to the extent necessary so that these Terms of Use will otherwise remain in full force and effect.

17. ONLINE DISPUTE RESOLUTION

17.1 The European Commission has set up an online dispute resolution platform, which can be found at http://ec.europa.eu/consumers/odr.

17.2 DeCommas is not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

18. NOTICES

18.1 We may provide any notice to you under these Terms of Use by posting to the Software. It will be effective upon posting. It is your responsibility to check for incoming messages regularly.

18.2 To give us notice under these Terms of Use, you must contact us by email at [email protected].

18.3 To request the consent of DeCommas for any of the actions for which such consent is required under these Terms of Use, please send an email to [email protected]. DeCommas reserves the right to refuse any such requests in its sole discretion.

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