Terms of Service

Terms of Service

TERMS OF SERVICE

 

  1. AXIA ECOSYSTEM

AXIA Systems Inc. (AXIA, we, us or our) is the developer and owner of various software applications (the AXIA Apps) that can be used to interact within the AXIA ecosystem.

These Terms of Service are a legal agreement between you and AXIA applicable to your use of the following software made available by AXIA (the AXIA Apps):

To uninstall any AXIA App, please use the application manager provided with your device or consult your device manual for reference.

  1. OTHER TERMS MAY APPLY

In addition to these Terms of Service, your use of the AXIA Apps will also be governed by:

We may amend our Acceptable Use Policy, Privacy Policy and these Terms of Service from time to time.  Any changes will take effect upon the expiration of thirty (30) days after notification, unless you object to the changes prior to the expiration of the thirty (30) days period.

We shall inform you about your right to object, the due date, and your option to uninstall and discontinue using the relevant AXIA Apps.  If you do not agree to any change, please uninstall and discontinue using the relevant AXIA Apps.

Any use of a relevant AXIA App after the thirty (30) day notice period constitutes your acceptance of any change.

  1. THIRD-PARTY SERVICES

The AXIA Apps may include additional functionality that you have the option of using that involve third-party services that are owned and run by companies or organizations not related to AXIA. There may be additional terms or rules applicable to third-party services available through AXIA, some of which may involve registration(s) on websites or through applications not controlled by AXIA. 

By accepting these Terms of Service you consent to those services, including the provision of certain personal or business-related information as a requirement for the activation of certain features of the AXIA Apps.

AXIA shall not be liable for any conduct, actions, or negative consequences that arise as a result of your use of third-party services in connection with the AXIA Apps.  The AXIA Apps may also integrate with third-party data sources that provide relevant data to users.  This data is beyond AXIA’s control and AXIA shall not have any liability to you for incorrect data and you should verify any data you receive through any AXIA App before acting on it.

  1. SOFTWARE LICENSE

In consideration of you agreeing to abide by these Terms of Service, AXIA grants to you a non-exclusive, non-transferable licence to use the AXIA Apps on the terms set out below.  AXIA remains the owner of the AXIA Apps at all times.

You may download, install and use the AXIA Apps for your own purposes only.

  1. RESTRICTIONS

Except as expressly set out in these Terms of Service or as permitted by any local law, you undertake:

  • not to copy the AXIA Apps except where such copying is incidental to normal use or where it is necessary for the purpose of back-up or operational security;
  • not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the AXIA Apps;
  • not to make alterations to, or modifications of, the whole or any part of the AXIA Apps nor permit any part of them to be combined with, or become incorporated in, any other programs;
  • not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the AXIA Apps nor attempt to do any such thing except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving interoperability of the AXIA Apps with another software program or application, and provided that the information obtained by you during such activities:
    • is used only for the purpose of achieving interoperability of the AXIA App with another software program or application; and
    • is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
    • is not used to create any software which is substantially similar to the AXIA Apps; and
  • not to provide or otherwise make available the AXIA Apps in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person without our prior written consent from us.
  1. OUR INTELECTUAL PROPERTY AND CONTENT

AXIA is the owner or the licensee of all intellectual property rights in the AXIA Apps, and in the material published on them. Those works are protected by copyright laws and treaties around the world.  All such rights are reserved.

Without prejudice to the above, you acknowledge that:

  • all intellectual property rights in the AXIA Apps anywhere in the world belong to AXIA,
  • all rights in the AXIA Apps are licensed (not sold) to you and you have no rights in, or to, the AXIA Apps other than the right to use them in accordance with these Terms of Service; and
  • you have no right to have access to the AXIA Apps in source code form.

The AXIA Apps may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms.  This information and these materials have not been verified or approved by AXIA and the views expressed by other users do not represent our views or values.

  1. YOUR INTELECTUAL PROPERTY AND CONTENT

Whenever you make use of a feature of any AXIA App that allows you to upload content or to make contact with other users of the AXIA ecosystem (a Contribution), you must comply with the Acceptable Use Policy (including the Content Standards).

You warrant that any Contribution complies with the Acceptable Use Policy and Content Standards and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any Contribution will be considered non-confidential and non-proprietary. You retain all of your ownership rights in any Contribution, but you are required to grant us[and other users of the AXIA ecosystem a limited licence to use, store and copy each Contribution and to distribute and make it available to third parties.  In particular, when you make a Contribution, you the following rights in respect of that Contribution:

  • a perpetual, worldwide, non-exclusive, royalty-free, transferable licence for us to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the AXIA Apps and across different media including to promote the site or the service; and
  • a perpetual worldwide, non-exclusive, royalty-free, transferable licence for other users to use the Contribution in accordance with the functionality of the AXIA Apps.

We have the right to remove any Contribution if, in our opinion, it does not comply with the Acceptable Use Policy and Content Standards.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

You are solely responsible for securing and backing up your content.

  1. OUR RESPONSIBILITIES TO YOU

Except as otherwise stated in these Terms of Service, AXIA is not liable to you for any harm resulting from any use or misuse of the AXIA Apps.

Such limitation of liability: (a) includes direct, indirect, incidental, consequential, special, exemplary and punitive damages, whether such claim is based on warranty, contract, tort or otherwise (even if AXIA has been advised of the possibility of such damages); (b) applies whether damages arise from use or misuse of and reliance on this Application, from inability to use the AXIA Apps, or from the interruption, suspension, or termination of the AXIA Apps (including any damages incurred by third parties); and (c) applies notwithstanding a failure of the essential purpose of any limited remedy and to the fullest extent permitted by law.

AXIA does not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused directly due to negligence or the negligence of our employees or agents of AXIA.

If defective digital content that we have supplied irreparably damages a device or digital content belonging to you, if proven to be as a result of AXIA related damage, we will either repair the damage or pay you commensurate compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

The AXIA Apps are for private use. If you use any AXIA App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

The AXIA Apps are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from an AXIA App. Although AXIA makes reasonable efforts to update the information provided by the AXIA Apps, AXIA makes no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

There are many risks associated with digital assets. AXIA has no control over the blockchains that you can interact with through the AXIA Token Wallet Application and cannot (and has no ability to) cancel, modify or affect any transaction that You have caused to be broadcasted to any given blockchain network. You should take care to understand the details of the blockchains You choose to interact with as AXIA has no control or liability to you in relation to these risks.

We recommend that you back up any content and data used in connection with the AXIA Apps, to protect yourself in case of problems with the AXIA Apps.

The AXIA Apps have not been developed to meet your individual requirements. Please check that the facilities and functions of each AXIA App meets your requirements.

AXIA is not responsible for events outside our control. If our provision of the AXIA Apps or support for an AXIA App is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.

These Terms of Service sets out the full extent of our obligations and liabilities in respect of the supply of the AXIA Apps. Except as expressly stated in these Terms of Service, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the AXIA Apps which might otherwise be implied into, or incorporated in, these Terms of Service whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.

  1. TERMINATION

AXIA may end your rights to use the AXIA Apps at any time by contacting you if you have broken these Terms of Service in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

If we end your rights to use the AXIA Apps:

  • you must stop all activities authorised by these terms, including your use of the AXIA Apps;
  • you must delete or remove the AXIA Apps from all devices in your possession; and
  • we may remotely access your devices and remove the AXIA App from them.
  1. WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE

We may transfer our rights and obligations under these Terms of Service to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms of Service.

  1. YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE

You may only transfer your rights or your obligations under these Terms of Service to another person if we agree in writing.

  1. HOW WE MAY USE YOUR PERSONAL INFORMATION 

Under data protection legislation, we are required to provide you with certain information about who we are, how we process the personal data of those individuals who use the AXIA Apps and for what purposes and those individuals’ rights in relation to their personal data and how to exercise them. This information is provided in the AXIA Privacy Policy and it is important that you read that information.

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using an AXIA App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

  1. OTHER IMPORTANT TERMS

These Terms of Service and any document expressly referred to in it constitutes the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms of Service or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms of Service or any document expressly referred to in it.

If we fail to insist that you perform any of your obligations under these Terms of Service, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing and that will not mean that we will automatically waive any later default by you.

Each of the conditions of these Terms of Service operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

These Terms of Service, their subject matter and their formation (and any non-contractual disputes or claims) are governed by the laws of the British Virgin Islands. We both irrevocably agree to the exclusive jurisdiction of the courts of the British Virgin Islands.