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3.1 The Software provides you with tools and functionalities that allow you to manage your cryptocurrency holdings across the Exchange Accounts, including but not limited to:
3.2 More detailed information in relation to each free and subscribed functionality is available on our Website. By accessing and using any free or subscribed functionality you acknowledge and confirm that you have familiarized yourself with all the information available on the Website in relation to this free or subscribed functionality. Where indicated on our Website, the relevant free or subscribed functionality is offered by a third party and the relevant third party bears all responsibility related to the provision of such Third-Party Service.
4.1 Beta mode. Beta mode is a functionality which deploys only once you turn it on and removes certain safety measures. It is your responsibility to exercise caution. Skyrexio OÜ shall not be responsible for any adverse events arising from the activation and usage of the Beta mode functionality. By turning the Beta mode functionality on, you:
4.2 Beta testing. Beta testing is a functionality, in which Skyrexio OÜ provides you the possibility from time to time to use pre-release or beta features for internal testing, evaluation and feedback purposes. Features tested during the Beta testing phase may be modified, discontinued, or incorporated into the final Software at the sole discretion of Skyrexio OÜ at any time. By choosing to participate in Beta testing you:
4.3 A/B testing. A/B testing is random controlled testing, which Skyrexio OÜ can conduct by randomly assigning Clients to a group (A/B) upon entering the Website and creating a Client Account. This random assignment is an integral part of our Software’s testing and optimization processes, as it measures the performance of different versions experience.
4.4 As a result of A/B testing Clients in different groups may experience variations in features, visual styles, pricing structures, and other aspects of the Software’s functionality. These differences are designed to help us assess the effectiveness of various design and service elements, ultimately enhancing the client experience for all.
4.5 By using our Software, you agree to accept the assignment to either group and acknowledge that the client experience may differ accordingly.
5.1 Eligibility criteria. To access the Software, you must meet the following criteria, and represent and warrant that:
5.2 Creating a Client Account. To access the Software, you must create a Client Account. You can do this by visiting the sign-up page and following the instructions displayed
5.3 Connecting with an Exchange Account. In order to use the trading functions of the Software you must connect your Exchange Account to your Client Account. Please note that when you use the specific Exchange Account, you are also bound by their specific terms and conditions.When connecting the Exchange Account, you confirm that the Exchange Account belongs to you personally and you are not connecting to someone else’s account.
6.1 Skyrexio OÜ offers a Trial of its Software to some of its Clients. The Trial version may be used only for evaluating the Software.
6.2 The Trial eligibility is determined by Skyrexio OÜ at its sole discretion, and Skyrexio OÜ may limit such eligibility or duration to prevent the Trial abuse. To access the Trial, you must create a Client Account and choose to use the Trial. Additionally, you may be required to provide a valid promotional code or valid payment details.
6.3 The Trial period will start upon you choosing to use the Trial and will conclude on the earlier of:
6.4 Upon completion of the Trial, any ongoing trades initiated using the Software will persist, and your subscription to a Plan will be automatically converted to the chosen Plan.
7.1 The Software is intended for accessing and using the tools and functionalities that allow managing personal cryptocurrency holdings. Depending on your chosen Plan, the purpose of the Client Account is to provide you with access to the Software. You may use the Software only within the intended purpose and permitted use defined herein. Using the Software for any other purposes is not allowed.
7.2 You shall access the Software in compliance with applicable laws and these Terms of Use. Without excluding or limiting any of your statutory obligations, you shall not use your Client Account and the Software in particular to:
7.3 Failure to observe the limits of purpose and permitted use of your Client Account and the Software is deemed a material breach of these Terms of Use. Skyrexio OÜ shall be entitled to – without prejudice to any other rights – terminate your Client Account in accordance with Section 14.5. You may not use the Software if we have terminated your Client Account or otherwise banned you.
8.1 Your Client Account is personal to you, and you must ensure that your Client Account is not used by any other person. You are responsible 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.
8.2 You are responsible for maintaining adequate security and the confidentiality of your data, including your e-mail address, password and other security information and for monitoring and, if necessary, restricting access to your devices, by:
8.3 If you suspect a breach of security:
8.4 Failure to observe the security measures prescribed by this Section 8 is deemed a material breach of these Terms of Use.
9.1 Subscribing to a Plan. Skyrexio OÜ offers different types of Plans with specific features and functionalities, which are provided free of charge or for a Fee. You can subscribe to different Plans. A full detailed list of Plans and pricing is available on the Website. Please note that not all Plans may be offered in all regions.
9.2 Skyrexio OÜ reserves the right to, at its full discretion, provide customized Plans. Customized Plans will not be displayed on the Website and/or App and will be offered to Clients on an individual basis. Customized Plans are subject to these Terms of Use.
9.3 You can subscribe to the selected Plan, other than a customized Plan, on the Website or the Client Account and if applicable, complete the payment through third-party payment processor. Prior to clicking the “Pay” button, you must confirm that you accept the Terms of Use and the Privacy Policy.
9.4 Selecting the details of the Plan, including the term of the subscription, and submitting your payment details is an offer to purchase a Plan. The offer must be accepted by us. We may choose not to accept the offer at our sole discretion. The Subscription Purchase will be accepted at such time at which you receive confirmation from us, or we activate your selected Plan functions. The activation of your subscription and these Terms of Use shall serve as proof of the conclusion of the Subscription Purchase.
9.5 Skyrexio OÜ reserves the right to change the Plans published on the Website and/or App (e.g., add or remove Plans) at any given moment. When removing a Plan, Skyrexio OÜ shall endeavour to give notice to those who might be affected by such actions and, in the event of adverse effects by the changes, when possible, propose alternative measures. Any changes to the pricing will not affect the Client’s current subscription period and will become effective upon subscription renewal.
9.6 Changing a Plan. If you wish to upgrade your Plan or billing period, you may do so at any time through your Client Account. Your new subscription Plan will be activated immediately after processing of your payment, irrespective of any remaining time on your old subscription Plan. Ordering a new Plan will result in the immediate termination of the Subscription Purchase in relation to your old Plan, and conclusion of a new Subscription Purchase for the new Plan. Any funds you may be eligible for from your subscription to an old Plan will be calculated towards your new Plan, meaning you will only pay the difference between your new Plan payment and the proportion of funds not used under the old Plan. For termination of the Plan see Section 14.4. If you wish to downgrade your Plan immediately, you may do so by terminating the current Plan and concluding a new Subscription Purchase. You may request a refund for any funds you may be eligible for from your subscription to an old Plan in accordance with the .
9.7 Renewal of a Plan. Unless otherwise stated in these Terms of Use or agreed on, the subscription shall start and expire in accordance with the start date and end date indicated in the chosen Plan.
9.8 All Subscription Purchases concluded under the fiat payment choice (e.g. via Stripe, Apple Pay or Google Pay) enable monthly recurring payments, i.e. Plan is invoiced automatically each Month until the subscription to the Plan is cancelled or terminated. If you pay via Stripe your payment will be processed through Skyrexio OÜ. If you choose to subscribe to a Plan for one year or use a payment method that does not allow recurring payments, you must make each payment manually (e.g. CoinPayments).
10.1 Fees. You will pay the Fee made available at the Website at the time you placed an offer to conclude the Subscription Purchase. The displayed Fee depends on the terms of any promotions or discounts, your geographical location or residence, and chosen payment method.
10.2 All Fees, including discounts, and promotions of the Fees made available on the Software are subject to change without notice. If we increase the Fees of the Plans, that increase will only apply to purchases made after the date the increase comes into effect. The Fees posted in the Software may not include applicable discounts or taxes until the profile data in your Client Account is fully completed by you. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any subscriptions to Plans arising from such occurrences.
10.3 Taxes. Any payments you make through the Software and for the Software may be subject to VAT (value added tax) with an appropriate rate and in accordance with the laws of the jurisdiction in which you are established. Skyrexio OÜ accrues and charges VAT for your payments based on your location that is automatically determined by IP address of your device and/or manually provided by you to Skyrexio OÜ when entering your billing address.
10.4 For legal persons within the EU which are registered for VAT purposes, and persons located outside of the EU, Skyrexio OÜ applies a VAT rate of 0%. For Estonian legal and natural persons, Skyrexio OÜ applies a VAT rate of 20%, and the VAT is included in the displayed Fee. For other persons within the EU (including natural persons and legal persons which are not registered for VAT purposes), Skyrexio OÜ applies the VAT rate applicable in the respective country, and VAT is included in the displayed Fee. For avoidance of doubt, if you pay via Stripe, your payment will be processed through Skyrexio OÜ; however, this does not impact the VAT treatment of your payment.
10.5 Payment terms. You must initiate payment for the charges related to the Plan or other products or services, including Third-Party Services, provided through the Software when submitting the order. If you do not complete the payment to our satisfaction, we will cancel your offer to conclude the Subscription Purchase.
10.6 You can use any available and the most convenient payment method as shown on the Website at the time of the intended purchase. However, Skyrexio OÜ does not guarantee the availability of any payment method at any moment. Skyrexio OÜ may add, remove or suspend any payment method temporarily or permanently by its own discretion.
10.7 If you disagree with the default payment-related information that our Software generated automatically, you should provide: your billing address (so long as the Software will be used at this location); enter the address data in the Software when proceeding with the payment; and send us a valid proof of this address afterwards. We will then make a determination as to whether the default payment-related information should be adjusted.
10.8 You understand that you are paying the Fee via a payment service provider. Unless otherwise required by law, you are obligated to contact Skyrexio OÜ support service for any issues related to payment transactions before contacting the payment service provider or financial institution.
10.9 You represent and warrant that:
(i) the payment information you supply to us is true, correct and complete,
(ii) you are duly authorized to use the payment method you provide,
(iii) charges incurred by you will be honored by the issuer of your payment method,
(iv) transaction fees charged for transferring cryptocurrency payments will be incurred by you and,
(v) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any, regardless of the amount quoted on the Software at the time of your order.
10.10 Using the Software via the Internet may lead to incurring costs that you will have to pay to your service provider. Skyrexio OÜ has no control over third parties’ prices or fees, nor offer refunds for such fees.
10.11 Third-Party Services. Third-Party Services may be provided free of charge or for a fee. Third-Party Services that are provided free of charge are indicated with the purchase price 0 in applicable currency. Payment for having access to the paid Third-Party Services shall be executed between you and Skyrexio OÜ by using any preferred payment method as shown on the Website at the time of the intended purchase. All Third-Party Services ordered by the Client shall be displayed under the Client Account (including the free of charge Third-Party Services).
10.12 Refund. Unless otherwise required by applicable law, we have no obligation to provide a refund or a credit. Due to the nature of the Software as a digital product, no refunds are granted without clear, justified and legitimate reasons. We will assess any refund request for Fees payable in advance on its merits and in the manner set forth in these Terms of Use and our Privacy Policy.
11.1 The Software, trademarks and other intellectual property objects displayed, distributed, or otherwise made available via the Software, are the exclusive property of Skyrexio OÜ, and its successors, assignees, licensors, and/or suppliers. Unless specifically provided in the Terms of Use or if you have agreed otherwise in writing with Skyrexio OÜ, nothing in these Terms of Use gives you a right to use the Software and its content, Skyrexio OÜ’ trademarks or other intellectual property of Skyrexio OÜ or any third parties.
11.2 Unless otherwise agreed upon in writing, Skyrexio OÜ grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Software solely for its intended purpose for your personal, non-commercial use, as described in these Terms of Use, for the period you access the Software and the functions related to the subscribed Plan, where relevant. You acknowledge that you have no right to access the Software in source-code form. Skyrexio OÜ may inform you, by notice within the Software or otherwise, that the Software contains intellectual property governed by the license of a third party and you agree to abide by the terms of this third party.
11.3 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 related intellectual property.
11.4 For all Client Content you grant Skyrexio OÜ free of charge a transferable, sublicensable, non-exclusive, irrevocable, worldwide right of use and exploitation, for the maximum term permitted under applicable law and unrestricted in content and scope, to use these Client Content for any purpose including but not limited to the purposes of:
11.5 The right of use and exploitation set out in Section 11.4.5 covers in particular, 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, including, without limitation, all bots that you create, the names of such bots and any settings that you create for such bots. 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 Skyrexio OÜ against all claims brought by third parties against Skyrexio OÜ in connection with the exercise of these rights of use and exploitation.
12.1 Skyrexio OÜ may provide you, at no additional cost, with updates which contain:
12.2 Remedies for lack of conformity. In the event of a lack of conformity of the Software, you are entitled to have the Software brought into conformity with the conditions set out in these Terms of Use, e.g. via update. If (i) Skyrexio OÜ refuses or fails to achieve conformity within a reasonable period of time and without significant inconvenience to you,
(ii) or where the lack of conformity is of such serious nature that it is unreasonable for you to apply for rectification first, are entitled to
(a) a proportionate reduction of the price, if any, for the period of time during which the digital content or digital service was not in conformity and
(b) unless the lack of conformity is only minor, terminate the Plan in accordance with Section 14.4. A price reduction or refund is proportionate if it reflects the decrease in the value of the Software compared to the value that the digital content or digital service would have if they were in conformity.This Section 12.2 does by no means restrict the possibilities to use other legal remedies arising from applicable laws.
12.3 To assert your rights under this Section 12, you can contact Skyrexio OÜ’s customer support. The contact details for the customer support team are.
13.1 Interruption of the Software. Skyrexio OÜ may interrupt the Software if it is necessary for repairs, maintenance work or other similar actions, including security updates, in which case Skyrexio OÜ endeavors 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.
13.2 Suspension of the Software. Skyrexio OÜ may suspend or restrict access to your Client Account, at any time, either entirely or partly, if including but not limited to:
13.3 Skyrexio OÜ endeavors 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 Client Account does not relieve you from the obligation to pay any applicable Fees as set out in Section 10. Skyrexio OÜ is not liable for any occurrences experiences by you due to the suspension.
14.1 Upon any access or use of the Software, these Terms of Use remain thereafter in full force and effect in respect of such access or use, as they may be updated from time to time.
14.2 The term of your paid subscription Plan pursuant to the Subscription Purchase will remain in effect for the period you made the payment for (for example, a month or a year), subject to any renewals made by you or automatically.
14.3 If a modification according to Section 12.1.4 negatively impacts your access to or use of the Software and Skyrexio OÜ cannot prove that such negative impact is only minor and you are a consumer, you shall be entitled to terminate these Terms of Use within 30 (thirty) days of the receipt of the information about the modification pursuant to Section 12.1.4 or of the time when the modification has been supplied to you, whichever is later. If you are entitled to terminate these Terms of Use due to a lack of conformity, you may declare termination of these Terms of Use to Skyrexio OÜ.
14.4 Termination of the Plan
14.5 Termination of the Client Account
14.6 Consequences of termination
15.1 The Software may provide access to Third-Party Services for your use. Such Third-Party Services include but are not limited to “Marketplace” and “Apps store”.
15.2 Skyrexio OÜ clarifies and you acknowledge that in case of Third-Party Services Skyrexio OÜ acts solely as a facilitator in connecting Clients with service providers for the purpose of purchasing products or services. Your use of such Third-Party Services may be subject to additional terms and conditions provided by the applicable third-party. Any use by you of Third-Party Services is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions applicable to such Third-Party Services before using them. Skyrexio OÜ is no way responsible for the content or the quality of the Third-Party Services or Third-Party Services providers. The relationship between you and any such third-party is strictly between you and such third-party, and Skyrexio OÜ is not obligated to intervene in any dispute arising between you and a third-party provider.
15.3 When required, payments for third-parties shall be made by you in accordance with the payment terms specified in Section 10 to Skyrexio OÜ, who shall forward the respective payment to the relevant third-party in accordance with the conditions agreed between Skyrexio OÜ and third-party.
15.4 Skyrexio OÜ makes no representation regarding, nor does it warrant or assume any responsibility for, any Third-Party Service 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 acknowledge that Skyrexio OÜ has no control over Third-Party Services and will not be responsible or liable to you or anyone else for such Third-Party Services. The availability of Third-Party Services, or the integration or enabling of such Third-Party Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Skyrexio OÜ. Skyrexio OÜ does not guarantee the availability of Third-Party Services and you acknowledge that Skyrexio OÜ may disable access to any Third-Party Services at any time in its sole discretion and without notice to you. If you are eligible for refund, please see our . Skyrexio OÜ is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third-Party Service.
15.5 You irrevocably waive any claim against Skyrexio OÜ with respect to such Third-Party Services. Under no circumstances is Skyrexio OÜ liable, for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you in connection with the use of any Third-Party Services or your contractual relationship with any Third-Party Services providers, 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.
15.6 To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Skyrexio OÜ, 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 your use of the Third-Party Services or your relationship with Third-Party Services providers.
15.7 Links to third-party platforms and information. Certain information available via the Software, Website and App may include information from third parties and some links on the Software, Website and App may direct to third-party feeds, software, websites or mobile applications. Any such information and links are not under the control of Skyrexio OÜ, and Skyrexio OÜ is not responsible for the contents of any such third-party information and links, as they are furnished by Skyrex on “as is” and “as available” basis for your convenience and information and must be used for informational purposes only. The inclusion of such information and links do not imply a recommendation or endorsement by us of any such third-party or the products or services or information offered therein.
15.8 Skyrexio OÜ disclaims any warranty or representation, either express or implied, that such information or links are accurate or complete. Skyrexio OÜ is not responsible for examining or evaluating the content or accuracy and Skyrexio OÜ shall not have any liability for any third-party materials or websites, or for any other materials, products, or services of third parties. Skyrexio OÜ is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party information or links.
16.1 Skyrexio OÜ processes your personal data to provide you access to the Software, including all of the functionalities. For more information about our collection, use, disclosure and your data subject rights, please see our . If you have any questions regarding the processing of your personal data or wish to exercise your data subject rights, please contact us via email to [email protected].
17.1 Skyrexio OÜ will endeavour to ensure that the Software is always available; however, Skyrexio OÜ 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 Skyrexio OÜ. Skyrexio OÜ 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.
17.2 It may be that the Software is not available in the following cases, for example, but not limited to:
17.3 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. All of the Software’s functions may not be available on mobile devices. 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.
17.4 From time-to-time Software updates may require the platform to be taken offline for scheduled maintenance. Scheduled maintenance will be notified at least 12 hours in advance. In case of unexpected maintenance, you will be notified as soon as possible. Note that Third-Party Service providers may have different timelines for maintenance, we will try our best to inform you of those as soon as possible.
18.1 SKYREX’ SOLE ACTIVITY IS TO PROVIDE 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. SKYREX DOES NOT PROVIDE ANY LICENSABLE SERVICES. IN CASE YOU FIND THAT ANY FUNCTIONALITY OR PART THEREOF PROVIDED IN THE SKYREX SOFTWARE IS LICENSABLE IN YOUR JURISDICTION, YOU EXPRESSLY AGREE AND UNDERSTAND THAT YOU ARE OBLIGED TO INFORM US OF SUCH CIRCUMSTANCE AND TERMINATE YOUR USE OF THE RESPECTIVE FUNCTIONALITY OR PART THEREOF. 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.
18.2 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, OR REQUIREMENT, TITLE, OR NON-INFRINGEMENT, COMPLETENESS, TIMELINESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY, ERROR-FREE, DEFECTS-FREE, UNINTERRUPTED, THAT ANY KNOWN AND STILL NOT DETECTED 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.
18.3 SKYREX WILL STRIVE TO ENSURE ACCURACY OF INFORMATION MADE AVAILABLE ON THIS WEBSITE AND THROUGH THE SOFTWARE ALTHOUGH IT WILL NOT HOLD ANY RESPONSIBILITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 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, CRYPTOCURRENCY 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.
18.4 SOME CONTENT PROVIDED ON THE SOFTWARE IS SUBMITTED TO SKYREX BY UNRELATED THIRD-PARTY PROVIDERS. OTHER CONTENT IS UPLOADED BY YOU. ANY THIRD-PARTY CONTENT PROVIDED THROUGH THE SOFTWARE IS INTENDED TO BE USED AND MUST BE USED FOR INFORMATIONAL PURPOSES ONLY. IT IS VERY IMPORTANT TO DO YOUR OWN ANALYSIS BEFORE MAKING ANY TRANSACTIONS 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 OR THE THIRD PARTIES THAT YOU WISH TO RELY UPON, WHETHER FOR THE PURPOSE OF MAKING A TRANSACTION 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 THE SERVICES, CONTENT OR INFORMATION YOU MAY OBTAIN FROM THEM. SKYREX HAS NO CONTROL OVER THE SERVICES, CONTENT OR INFORMATION OF THESE RESOURCES. SKYREX DISCLAIMS ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, OF THE ACCURACY, COMPLETENESS, RELIABILITY OR ANY OTHER ASPECT OF ANY SERVICE, CONTENT OR INFORMATION PROVIDED BY A THIRD PARTY ON THE SOFTWARE, OR THAT ANY SERVICE, CONTENT OR INFORMATION IS FIT FOR ANY OF YOUR INTENDED PURPOSES. THE PERFORMANCE OF THE SOFTWARE IS DIRECTLY LINKED TO THE PERFORMANCE OF THE UNRELATED THIRD-PARTY SERVICES. SKYREX DISCLAIMS ALL RESPONSIBILITY FOR NON-PERFORMANCE OF THE SOFTWARE CAUSED BY NON-PERFORMANCE OF UNRELATED THIRD-PARTY SERVICES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
18.5 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU MAY LOSE SOME OR ALL OF YOUR FUNDS. CRYPTOCURRENCIES ARE A NEW AND INSUFFICIENTLY TESTED TECHNOLOGY. PLEASE BE ADVISED THAT THE USE OF CRYPTOCURRENCIES AND BLOCKCHAIN TECHNOLOGY IS A CONSTANTLY EVOLVING FIELD. IT IS IMPORTANT TO NOTE THAT THERE MAY BE RISKS ASSOCIATED WITH THESE TECHNOLOGIES THAT ARE NOT YET KNOWN OR IDENTIFIED. 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. EVEN WHEN RISKS ARE ANTICIPATED AND DISCLOSED, WE CANNOT ACCEPT RESPONSIBILITY FOR ANY LOSSES OR ADVERSE OUTCOMES THAT MAY OCCUR DUE TO YOUR USE OF THE SOFTWARE.
18.6 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 OR SKYREX´ COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL INCLUDING BUT NOT LIMITED 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.
18.7 NOTWITHSTANDING ANY OTHER PROVISIONS IN THIS AGREEMENT, IN NO EVENT SHALL SKYREX BE LIABLE FOR ANY LOSSES, DAMAGES, OR LIABILITIES ARISING FROM FORESEEN RISKS ASSOCIATED WITH THE USE OF SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR ANY POTENTIAL LOSS OR ADVERSE OUTCOME RESULTING FROM YOUR USE OF THE SOFTWARE. THIS LIMITATION OF LIABILITY APPLIES TO BOTH ANTICIPATED AND UNANTICIPATED RISKS, EVEN IF SKYREX HAD PRIOR KNOWLEDGE OF SUCH RISKS. YOU EXPRESSLY WAIVE ANY CLAIM AGAINST SKYREX AND AGREE TO INDEMNIFY AND HOLD SKYREX HARMLESS FROM ANY CLAIMS, DAMAGES, OR ACTIONS ARISING FROM YOUR USE OF SOFTWARE.
18.8 THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THESE DISCLAIMERS DO NOT APPLY IN CASES WHERE DAMAGE IS CAUSED BY SKYREX INTENTIONALLY OR DUE TO GROSS NEGLIGENCE.
19.1 Skyrexio OÜ 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.
19.2 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, PUNITIVE 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.
19.3 SKYREX MAXIMUM AGGREGATE LIABILITY TO YOU SHALL BE LIMITED TO THE FEES PAID BY YOU TO US OVER THE 24 (TWENTY FOUR) MONTH PERIOD PRECEDING TO THE CLAIM BY YOU. IN CASE YOU HAVE ONLY USED THE FREE FUNCTIONALITES OF THE SOFTWARE, THE MAXIMUM AGGREGATE LIABILITY OF SKYREX SHALL BE LIMITED TO EUR 100.
19.4 These limitations of liability in this Section 19 do not apply in cases where damage is caused by Skyrexio OÜ intentionally or due to gross negligence.
20.1 To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Skyrexio OÜ, 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.
21.1 Skyrexio OÜ shall 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 Skyrexio OÜ. We recommend contacting us for assistance if you experience any issues with the Software or report in the following ways:
22.1 Entire agreement. Other than as explicitly agreed upon in writing between you and Skyrexio OÜ, these Terms of Use, including any policies or documents incorporated by reference in these Terms of Use, constitute the entire agreement between the Parties with respect to the subject matter hereof and supersede any prior agreements in relation to the subject matter of these Terms of Use.
22.2 Non-waiver of rights. 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.
22.3 Severability. If any provision of these Terms of Use is, for any reason or to any extent, held to be illegal, invalid or unenforceable, then that provision shall be construed in a manner consistent with applicable law to reflect the original intent of the provision and the remaining provisions of these Terms of Use will remain in full force and effect.
22.4 Language. These Terms of Use are concluded in English, however these Terms of Use may be available in other languages than English. In the event of any inconsistencies between the English version and the translation, the most current English version of the Terms of Use will prevail. Any disputes arising out of these Terms of Use will be resolved in English unless otherwise determined by Skyrexio OÜ (acting at its sole discretion) or as required by applicable law.
22.5 Independent contractors. 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.
22.6 Assignment. You may not assign or transfer 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 22.6 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Use.
22.7 Skyrexio OÜ may transfer its rights and obligations under these Terms of Use to a third party. In this case, Skyrexio OÜ will inform you in advance of the transfer to the third party accordingly in the Software. You will have the right to terminate the Client Account immediately if you do not agree to the transfer.
23.1 These Terms of Use and all matters arising out of or relating to these Terms of Use, including non-contractual disputes/claims, will be governed by and in accordance with the laws of the Republic of Estonia, without regard to conflicts of laws and principles that would cause the application of the laws of another jurisdiction
24.1 If you are not happy with the Software, you can file a complaint to Skyrexio OÜ, by following our or contacting us via email at [email protected].
24.2 Any dispute, controversy or claim arising out of or in connection with the Software, these Terms of Use or any breach, termination or invalidity thereof shall be resolved through amicable negotiations, upon failure of which all disputes shall be settled in the Harju County Court in the Republic of Estonia, except where under applicable mandatory laws, you can choose to bring legal proceedings in your country of residence, or we are required to only bring legal proceedings in your country of residence.
24.3 If you reside in the European Union, you can also file a complaint at the online dispute resolution platform that is provided by the European Commission.
24.4 Skyrexio OÜ is not obliged or willing to participate in a dispute resolution procedure before a body for a settlement of consumer disputes, unless required by law.
25.1 Skyrexio OÜ may change these Terms of Use, including all policies referred herein. Skyrexio OÜ will inform of the changes that materially adversely affect your use of the Software via the email set forth in the Client Account at least 30 (thirty) days prior to the date the updated version of this Terms of Use becomes effective. The updated version of these Terms of Use, including the policies, will be published on the Website.
25.2 Skyrexio OÜ reserves the right to change these Terms of Use with the following types of changes via the Software without providing you with a prior notice:
25.3 Your continued access to the Software after the changes to the Terms of Use become effective, constitute your acceptance of the changes and consent to be bound by the updated version of Terms of Use. In case you do not agree with the changes, you must delete your Client Account as stipulated in Section 14.5.1.
26.1 Notices to you will be provided (i) within the Software interface; and (ii) via email to the email address set forth in the Client Account. It is your responsibility to keep your email address up to date and check for incoming messages regularly. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting.
26.2 Notices to Skyrexio OÜ will be provided via email at [email protected].
26.3 To request the consent of Skyrexio OÜ for any of the actions for which such consent is required under these Terms of Use, please send an email to . Skyrexio OÜ reserves the right to refuse any such requests in its sole discretion.
27.1. By accessing and using Skyrexio OÜ Software, you represent and warrant that:
27.2 We reserve the right to choose markets and jurisdictions to conduct business, and may restrict or refuse, at our sole discretion, the provision of Skyrexio OÜ Software in certain countries or regions, including those not listed in Section 27.1.9.
27.3 If you become subject to national or international sanctions, including sectoral sanctions, you are obliged to immediately stop using our Software and notify us.
27.4 Without prejudice to other grounds for such actions available to us, we have the right to terminate, suspend or restrict the provision of Skyrexio OÜ Software to you as well as to terminate your right to use Skyrexio OÜ Software in case:
Skyrexio OÜ
Address: Harju maakond, Lääne-Harju vald, Ämari alevik, Lennu tn 24-47, 76102
Registration code 16747563 in the Commercial Register of companies of the Republic of Estonia
