The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
– Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
– Company refers to any token projects (past or present) operating under the Altrucoin LLC, including the Altrucoin and BankerDoge projects.
– Platform refers to any website with the domain of altrucoin.com, app.altrucoin.com, vote.altrucoin.com, app.bankerdoge.com, and bankerdoge.com, or any other domain owned or operated by Altrucoin LLC.
– Service means the software, code, or general use of functions provided on the Platform by the Customer or End User
– Third-Party refers to any service or content (including data, information, or products) that may be displayed or made available by the Service.
– You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
– End User means any individual using the Service or Platform under a Customers license or any individual using the Service or Platform for personal use or with funds associated with that individual.
– Customer means the company, legal entity, organization, group, or any individual representing the same, that purchases a license to the Service for use by the Customer and End User, either on the Platform or separately.
– Vault Admin means the owner or owners of the cryptocurrency wallet address designated as “Admin Wallet” on the Platform.
These terms and conditions should be read by Customer in its entirety prior to Customer’s use of Platform and Services. These terms and conditions of use for Company constitute a legal agreement and are entered into by and between Customer and Altrucoin, LLC (“Company,” “we,” “us,” “our”). The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, these “Terms and Conditions”), govern Customer’s access to and use, including any content, functionality, and services offered on or through the Platform.
We reserve the right in our sole discretion to revise and update these Terms and Conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Platform. Notification of any such updates will be provided by email to all Customers who provided a contact email address. Customer agrees to additionally periodically review the Terms and Conditions in order to be aware of any such modifications and Customers continued use shall be Customers acceptance of these. If Customer does not agree with the Terms and Conditions or its changes at any point in time, Customer agrees to stop using the Platform and its Services and provide written notice, either by certified mail or email, to Company. The information and material on this Platform, and the Platform, may be changed, withdrawn, or terminated at any time in accordance with the Terms and Conditions. We will not be liable if, for any reason, all or any part of the Platform is restricted to Customers or End Users or unavailable at any time or for any period.
Subject to the terms and conditions of the Agreement, Altrucoin grants to Customer a nonexclusive, non-transferable, limited term, license to access and use the proprietary software of Altrucoin, which may be accessed through a mobile internet browser, or desktop internet browser (the “System”) solely for Customer’s business purposes. Altrucoin and its licensors reserve all rights in and to the System not expressly granted to Customer. Unless otherwise provided in writing, Customer will provide all hardware, software, and communications equipment which will allow Customer to access and use the System. Customer will be responsible for providing all additional equipment and internet connectivity at its own expense.
From time to time, Altrucoin may make scheduled and/or unscheduled deployments of updates to the System. During such deployments, all or selected portions of the System may be unavailable. In the event Altrucoin provides Customer with updates, Customer agrees that any such updates will be governed by these Terms.
Customer understands and agrees that the Platform and its entire contents, features, and functionality, including, but not limited to, all information, software, code, technology, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights. The Company name, the Company logo, and all related names, logos, product and Service names, designs, images, and slogans are trademarks of the Company or its Affiliates or licensors. You must not use such marks without the prior written permission of the Company. Other names, logos, product and Service names, designs, images, and slogans mentioned, or which appear on this Platform are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action. Customer shall not directly or indirectly reproduce, copy, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, reverse engineer, decompile, disassemble, modify, translate, download, store, or transmit any of the material on Platform, in any form or medium whatsoever except:
Users are not permitted to modify copies of any materials from this Platform nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Platform or any Services or materials available through the Platform. If You print off, copy or download any part of our Platform in breach of these Terms and Conditions, Your right to use the Platform will cease immediately and You must, at our option, return or destroy any copies of the materials You have made. You have no right, title, or interest in or to the Platform or to any content on the Platform, and all rights not expressly granted are reserved by the Company. Any use of the Platform not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws. You agree that You will be solely liable for any damage, costs or expenses arising out of or in connection with such breach, infringement or violation of these Terms and Conditions. You shall notify the Company immediately by email or certified mail upon becoming aware of the commission by any person of any such breach, infringement or violation and shall provide the Company with reasonable assistance with any investigations it conducts in light of the information provided by You in this respect.
As a condition of Your access and use, You agree that You may use the Platform only for lawful purposes and in accordance with these Terms and Conditions. You warrant and agree that Your use of the Platform shall not:
In any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions.
Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Company’s sole discretion.
Involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise asking for personal information as prohibited under applicable laws, regulations, or code.
Involve, provide, or contribute any false, inaccurate, or misleading information.
Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).
Transmit, or procure the sending of, any advertisements or promotions without our prior written consent, sales, or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.
Encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm the Company or users of the Platform or expose them to liability.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
You agree that we may terminate or suspend Your access without prior notice or liability for any reason whatsoever including without limitation, if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately.
The Platform is provided as is, and any exploitation of the Platform or errors in program logic and/or code (bugs) constitutes a prohibited use and a material breach of these Terms and Conditions. Any funds the user may misappropriate in this manner pursuant to this clause shall be considered void and the immediate property of the Company, without limit. Persons located in or residents of any jurisdiction in which it is prohibited from using the Platform (the “Prohibited Jurisdictions”) are not permitted to make use of the Platform. For the avoidance of doubt, the foregoing restrictions on the Platform from Prohibited Jurisdictions applies equally to residents and citizens of other nations while located in a Prohibited Jurisdiction. Any attempt to circumvent the restrictions on usage by any persons located in a Prohibited Jurisdiction is a breach of this Agreement. An attempt at circumvention includes, but is not limited to, manipulating the information used by the Company to identify Your location and providing the Company with false or misleading information regarding Your location or place of residence. Any and all monies (including cryptocurrencies) of a person located in a Prohibited Jurisdiction on the Platform are VOID, and can be confiscated or may be returned to the person at the Company’s sole discretion.
Customer may not: (a) copy or otherwise reproduce or permit the copying or other reproduction of all or any part of the System except as otherwise permitted herein; (b) reverse engineer, decompile, disassemble or create derived works based on the System; (c) modify, adapt, translate into other programming forms or languages or extend the System to operate in other environments or on other platforms, except in accordance with these Terms; or (d) allow access to the System by other software products for any purpose without prior approval of Altrucoin.
Fees and Payments
Customer will pay for the System in accordance with the terms set forth in the quote provided to Customer. If no quote is provided for the Services that Customer uses, Customer agrees to pay all transactions created by the Platform during use of the Service.
The Customer additionally agrees to pay the Service Provider a percentage of each Vault transaction, which is automatically deducted at the time of each transaction.
The Platform Fee shall be in accordance with the terms set forth in the quote provided to Customer. If no quote is provided, the Platform Fee shall be assumed to be 1.5% unless otherwise provided in writing to the Customer. The Platform Fee can be changed by a written agreement between the Parties.
Payment Method. The Customer shall pay the Payment Amount upon the Parties signing of the Quote, which will include agreement of the features of the Vault. Payment is due before development begins. Delivery Date shall not toll until full payment is received.
If no Quote is provided, the Customer shall pay all transactions created by the Platform during use of the Service.
Customer agrees to keep all contracts created by Services excluded from fees and to not enable fees for such contracts as long as Customer is on the Platform.
Altrucoin retains ownership of Customer and End-User supplied information or data that is specific to Customer and is used to populate Altrucoin formats or data models hosted by or input into the System (“Customer Data”). Customer may access Customer Data at any time during this Agreement as provided through the System in the user interface. Customer grants to Altrucoin the nonexclusive right to maintain and use Customer Data in deidentified and aggregated form to improve its services, develop new services, show trends about general use of services, and for statistical analysis and business measures.
All right, title and interest (including all intellectual property rights embodied therein) in and to the System and will remain the sole and exclusive property of Altrucoin. These Terms grant Customer no title or right of ownership in or to the System, or any component thereof including source code, or to any associated materials, documentation, intellectual property, or in or to any derivatives of the System, enhancements, modifications or improvements thereto. Customer will not, at any time, take or cause any action, which would be inconsistent with or tend to impair the rights of Altrucoin or its affiliates in the System. Customer may not remove or alter any of Altrucoin’s proprietary or copyright notices, trademarks or logos.
For Your convenience, this Platform may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from this Platform. If You choose to access any such sites, You do so at Your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from Your use of them. You are subject to any terms and conditions of such third-party sites and are advised to read and review the Terms and Conditions for the sites and services that You visit. Such links to third-party sites from the Platform may include links to certain social media features that enable You to link or transmit on Your own or using certain third-party websites, certain content from this Platform. You may only use these features when they are provided by us and solely with respect to the content identified. You may link to the Platform, provided You do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. Our Platform must not be framed on any other site, nor may You create a link to any part of our Platform other than the homepage or any page directly associated with You. We reserve the right to withdraw linking permission without notice. The website in which You are linking must comply in all respects with the Conditions of Use. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.
The term of this Agreement shall commence on the date of access and terminate upon either Party providing seven (7) days written notice to the other Party. The Parties agree that the Service subscription will renew automatically each month. Either Party may terminate the Service per the Contract terms and conditions listed herein. Client and/or Client Users may exit at any time that meets the requirements of the staking Vault that either enters. Any Client request for the Service to be terminated will be considered on an individual basis. Client Users may enter and exit the Vault freely as long as the Vault requirements are met as presented in the Platform. At any time that the Client desires to terminate Services per this Contract, upon termination, Client shall immediately notify their End Users to retrieve their tokens from the Vault within 60 days of termination.
Prior to Your use of the Platform and on an ongoing basis You represent, warrant, covenant and agree that: Cryptocurrency values can fluctuate greatly in value depending on market conditions. You warrant that You are aware of the volatile nature of cryptocurrencies and the risk of losing cryptocurrency and other funds of value when using this Platform and hold the Company harmless for any loss or damages arising from such volatility. You also hold the Company harmless for any loss of funds or damages related to actions taken by an outside or partner token projects on the Platform. Your use of the Platform is at Your sole option, discretion and risk. You are solely responsible for any applicable taxes which may be payable on cryptocurrency traded or transacted by You through Your using the Platform. The telecommunications networks, blockchain networks and Internet access services required for You to access and use the Platform are entirely beyond the control of the Company and the Company shall have no liability whatsoever for any outages, slowness, capacity constraints or other deficiencies affecting the same. You are (i) aged 18 or over, (ii) You are of the age of majority in Your jurisdiction, (iii) You are accessing the Platform from a jurisdiction in which it is legal to do so, (iv) You are not a Politically Exposed Person (“PEP”) nor are You on any U.S. or EU Sanctions lists or terrorism finance watchlists, and (v) that You will inform the Company immediately if You enter onto one of these lists or change Your residence to a jurisdiction in which accessing the Platform is illegal, such as a Prohibited Jurisdiction. The Company expressly prohibits and rejects the use of the Platform for any form of illicit activity, including money laundering, terrorist financing or trade sanctions violations, consistent with various jurisdictions’ laws, regulations and norms. To that end, the Platform is not offered to individuals or entities on any Politically Exposed Persons (PEP) lists, or subject to any United States, European Union, or other global sanctions or watch lists. By using the Platform, You represent and warrant that You are not on any such lists. If You access this Platform, You do so at Your own risk and You are responsible for compliance with local laws of Your jurisdiction. You recognize and acknowledge that the Company does not have the ability to verify the legality of the Platform for every individual or jurisdiction, therefore it is entirely up to the User to determine whether or not their use of the Platform is lawful. You are prohibited from using the Platform if You are accessing the Platform from a Prohibited Jurisdiction.
You UNDERSTAND AND AGREE THAT YouR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YouR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED. WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. You ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YouR USE OF THE WEBSITE AND YouR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE 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 WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YouR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YouR USE (OR MISUSE), OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW. NOTHING IN THESE TERMS AND CONDITIONS SHALL EXCLUDE OR LIMIT THE COMPANY’S LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE.
You agree and understand that in no event shall the Company be liable for any delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition, whether or not foreseeable, beyond the Company’s reasonable control, including, but not limited to, any act of God, nuclear or natural disaster, epidemic, action or inaction of civil or military authorities, act of war, terrorism, sabotage, civil disturbance, strike or other labor dispute, accident, state of emergency or interruption, loss, or malfunction of equipment or utility, communications, computer (hardware or software), Internet or network provider services.
To the maximum extent permitted by applicable law, You agree to defend, indemnify, and hold harmless the Company, its parent, subsidiaries, 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 and Conditions, violation by You of any law or any third party rights, or Your use of the Platform, including, but not limited to, third-party sites, any use of the Platform’s content, Services, and products other than as expressly authorized in these Terms and Conditions.
Altrucoin may disclose in its advertising and marketing materials that: (a) Customer has entered into the Agreement with Altrucoin; and (b) Customer is a customer of Altrucoin.
The Company does not vet any token projects that it partners with. In no way is a token project on the Platform to be taken as endorsement or vetting of a token project. As a software development and Services company, the Company has no role in enforcing KYC by default, however we do provide disclaimers to users to ensure they are reminded of the risks involved when interacting or contributing to a vault on the Platform.
The Platform and these Terms and Conditions will be governed by and construed in accordance with the laws of the United States of America applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule and notwithstanding Your domicile, residence, or physical location. Any action or proceeding arising out of or relating to this Platform and under these Terms and Conditions will be instituted in the courts of the Texas, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over You by such courts and to the venue of such courts. Nothing in this clause shall limit the right of the Company to take proceedings against You in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof by the Company. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.
These Terms and Conditions, or Your rights and obligations hereunder, may not be transferred by You, but may be assigned by the Company without restriction. Any attempted transfer or assignment by You in violation hereof shall be null and void. These Terms and Conditions shall be binding and inure to the benefit of the parties hereto, our successors, and permitted assigns.
Nothing in these Terms and Conditions shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between You and the Company. Nothing in these Terms and Conditions shall create or confer any rights or other benefits in favor of any third parties not party to these Terms and Conditions.
All other feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to [email protected]. If You have any concern or dispute about the Service, You agree to first intend to resolve the dispute informally by contacting the Company.