Terms of Use

These terms ("Terms")govern the use of the NEARamp Software Development Kit (“SDK”) developed by Crypto-Capable.

The NEAR Protocol is a decentralized development platform that allows developers to host serverless applications and smart contracts. The Protocol is similar to cloud-based infrastructure, which developers use to build applications. The Protocol is building a 'community-operated cloud'. The Near Wallet is a web-based wallet for the NEAR Blockchain. The NEAR Wallet requires an initial funding of at least 0.1 NEAR Token. The SDK facilitates the creation of the NEAR Wallet and provides a faucet logic, which allows developers to meet the initial funding requirements for the creation of NEAR Wallets.

References to “Crypto-Capable”, “we”, “us” or “our” in these Terms refer to TwentyThreeMl Technologies Pvt.Ltd., a company with registered office at B-508, T4, Sriram Symphonye, Off Kanakapura Road, Bangalore, India.

References to “you,” “your” or  means any person or entity accessing, interacting or using the SDK, or integrating the SDK with their software.

These Terms form a legally binding contract between you and Crypto-Capable in relation to your access or use of the SDK. You agree to comply with the Terms, as updated, modified, and/or replaced from time to time. So please read all the Terms carefully. If you use the SDK in conjunction with other products or software, then the terms for those other products or software may also apply.

1. Acceptance of the Terms:

By registering with us (as per section 2) or by accessing, interacting or using the SDK, or integrating the SDK with your software, you hereby agree to these Terms. You may not use the SDK (a) if you do not accept these Terms; (b) if you are not of legal age to form a binding contract with us; or (c) if you are prohibited from using the SDK under Applicable Law(s). “Applicable Law(s)” means the governing law to which these Terms are subject, and includes, without limitation, all statutes, legislations, rules, regulations, treaties, directives, decisions, ordinances, bye-laws, notices, injunctions, demands, judgments, circulars, directions, and notifications issued by statutory authorities, regulatory authorities, or any judicial/quasi-judicial authority. If you are using the SDK on behalf of an entity, you represent that you have the authority to bind that entity to the Terms and by accepting the Terms, you are doing so on behalf of that entity(all references to "you" in the Terms refer to that entity). If you do not have the requisite authority, you may not accept these Terms or use the SDK on behalf of such entity.

2. Account and Registration:

  1. Creation of Account: To use the SDK, you may have     to create an account with us. For this purpose, you may have to provide us     with certain information (like wallet addresses or public keys). Any     information you provide us must be accurate and up-to-date. You must inform     us promptly of any changes or updates to such information.
  2. Verification: During the account creation     process or during your use of the SDK, you agree to provide us with the     information we request for ongoing due diligence and/or identity     verification. You represent and warrant that all such information you     provide us at any time will not be false, inaccurate or misleading.
  3. Account Responsibility: You are solely responsible for     the activity that occurs in relation to your account. You must keep your     account credentials secure. We are not responsible for any unauthorized     access to your account. To the extent we provide you with any credentials     (such as API keys), such credentials are for your internal use only and     you will not sell, transfer or sublicense them to any other entity or     person, except that you may disclose such information to your agents and     subcontractors for performing tasks on your behalf.
  4. Blocking of Account: We reserve the right to lock     or close your account immediately and without any notice (a) on     termination of these Terms as per section 12; (b) if required under     Applicable Law; or (c) for any reasons in our sole discretion, without     prior notice to you.

3. SDKLicense:

  1. Grant of License: Subject to these Terms, we grant you a limited, revocable, worldwide, royalty-free, non-assignable,     non-exclusive, and non-sublicensable license to use or integrate the SDK with your software in accordance with these Terms. You may not use the SDK     for any purpose not expressly permitted by these Terms.
  2. Restrictions: You should not copy (except     for backup purposes), modify, adapt, redistribute, decompile, reverse     engineer, disassemble, or create derivative works of the SDK or any part     of the SDK. You should not use the SDK in a way intended to avoid     incurring fees. You are not allowed to resell or sublicense the SDK.
  3. Ownership: You agree that Crypto-Capable or its licensors own all legal rights, title and interest in and to the SDK, including any related technology or Intellectual Property Rights that subsist in the SDK. "Intellectual Property Rights" means any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary rights, in any software, application, brand, or product. We reserve all rights not expressly granted to you. We do not obtain any right, title, or interest in or to any software that you develop independently, apart from the SDK, including any Intellectual Property Rights which subsist in that software.
  4. Open Source and Third-Party Software: We may incorporate open-source software or third-party software components in the SDK. The use, reproduction, and distribution of such components are governed solely by the terms of the respective licenses and not these Terms.
  5. Changes to SDK: We may change the form and nature of the SDK without prior notice to you. You also agree that we may stop (permanently or temporarily) providing the SDK (or any features within the SDK) to you at our sole discretion, without prior notice to you.
  6. Configuration: You are solely responsible for properly configuring and using the SDK.

5. Fees for the use of the SDK:

Unless otherwise specified, we will calculate and charge you a monthly fee according to the fee plan shared with you, or as otherwise advertised and charged for the access or use of the SDK. We reserve the right to waive any fee/charges in relation to the SDK. You acknowledge that the fee/charges for different users of the SDK may vary, based on several factors, including, without limitation, the jurisdiction, volume of use, entity type etc.

6. Privacy:

You will comply with all applicable privacy laws and regulations, including those applying to personal data. You will, if required, provide and adhere to a privacy policy that clearly and accurately describes what user information you collect, and how you use and share such information (including with us). We will comply with data protection and privacy obligations imposed on us under Applicable Law.

7. Advertising and Marketing:

You hereby allow us to use your company details and logo, royalty-free and free-of-charge for marketing and advertising purposes. We hereby grant you a non-transferable, non-sublicensable, non-exclusive license while the Terms are in effect to display our company details and logo for the purpose of promoting or advertising that you use the SDK. You will not make any statement regarding your use of the SDK which suggests partnership with, sponsorship by, or endorsement by us without prior written approval.

8.Compliance:

  1. Compliance with Laws and Third-Party Rights: You will comply with Applicable Law, these Terms, and     third-party rights (including without limitation laws regarding the import or export of data or software, privacy, and local laws).
  2. Compliance with Tax Laws: You are solely responsible for determining whether any action or transaction gives rise to any tax     implications on your part. You are also solely responsible for withholding, collecting, reporting, paying, settling, or remitting any and     all taxes to the appropriate tax authorities in India and in such jurisdictions in which you may be liable to pay tax. Unless required by     Applicable Law, we will not be responsible for such activities (including,     but not limited to collecting any TDS or similar obligations).
  3. Breach: You agree that you are solely     responsible for any breach of your obligations under these Terms, any     applicable third-party contract or terms of service, or any applicable law     or regulation, and for the consequences (including any loss or damage     which we or any third party may suffer) of any such breach.

9. Disclaimer:

YOU EXPRESSLY UNDERSTAND AND AGREETHAT YOUR USE OF THE SDK IS AT YOUR SOLE RISK AND THAT THE SDK IS PROVIDED"AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KINDFROM CRYPTO-CAPABLE, EITHER EXPRESS OR IMPLIED. WE DON'T MAKE ANY COMMITMENTSABOUT THE SPECIFIC FUNCTIONS OF THE SDK, OR THEIR RELIABILITY, AVAILABILITY, ORABILITY TO MEET YOUR NEEDS. WE DISCLAIM ALL WARRANTIES OR CONDITIONS, EXPRESSOR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ANDCONTENT CONTAINED THEREIN. WE DO NOT WARRANT THAT THE SDK WILL BE SAFE,UNINTERRUPTED, ERROR-FREE, OR PROTECT AGAINST ANY HACK, CYBERCRIME OR OTHERTHREATS. THE USE OF THE SDK IS AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELYRESPONSIBLE FOR ANY DAMAGE TO YOUR SOFTWARE OR LOSS OF DATA THAT RESULTS FROMSUCH USE. OUR SDK RELIES ON EMERGING TECHNOLOGIES THAT ARE SUBJECT TO INCREASEDRISK. BY USING THE SDK YOU EXPLICITLY ACKNOWLEDGE AND ACCEPT THESE HEIGHTENEDRISKS.

10. Limitation of Liability:

Under no circumstance will we be liable to you or a third party, for any lost profits, revenues, or data; financial losses; or indirect, special, consequential, exemplary, remote, or punitive loss of any kind. Our total liability for any claim under these Terms is limited to the amount you paid us, to use the SDK, during the six months prior to the event giving rise to the liability.

11. Indemnification:

You will defend and indemnify us, and our affiliates, directors, officers, employees, and customers, against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding to the extent arising from (a) your use of the SDK; (b) your breach of these Terms or Applicable Law; (c) your illegal or fraudulent behavior; (d) any data, content, or resources that you create, transmit or display through the SDK; (e) any information routed into the SDK by you, or those acting on your behalf; (g) any software you develop using the SDK that infringes Intellectual Property Rights of any person or violates their rights of publicity or privacy.

12. Termination:

  1. Mode of Termination: You may stop using our SDKs at     any time with or without notice. Further, if you want to terminate these     Terms, you must provide us prior written notice and upon termination,     cease your use of the SDK. We reserve the right to terminate the Terms     with you or discontinue the SDK or any portion or feature or your access     thereto for any reason and at any time without liability or other     obligation to you.
  2. Effect of Termination: Upon termination of the Terms, you will immediately stop using the SDK. You will remain responsible for     all fees and charges you incur till the date of the termination. Any provision which, by its nature or express terms should survive, will     survive such termination or expiration, particularly section 2, 3, 4, 8, 9, 10, 11, 13, and 14.

13.Arbitration:

Any dispute, claim, or difference arising out of, relating to or having any connection with the Terms, including any dispute as to their existence, validity, interpretation, performance, breach or termination, or its consequences, will be referred to and finally resolved by arbitration in accordance with the Arbitration & Reconciliation Act, 1996, as amended or re-enacted from time to time. The language of the arbitration will be English and the seat of arbitration will be Bengaluru, India.

14. Governing Law:

Subject to clause 13, these Terms will be governed by and construed in accordance with the laws of India, and Courts at Bengaluru will have exclusive jurisdiction.

15. General Provisions:

  1. Entire Agreement: These Terms constitute the     whole legal agreement between you and Crypto-Capable. They replace any     prior agreements. We may modify the Terms or any portion thereof. If you     do not agree to the modified Terms of the SDK, you should discontinue your     use of the SDK. Your continued use of the SDK constitutes your acceptance     of the modified Terms.
  2. Relationship of the Parties:  Each party will act solely as     an independent contractor and nothing in these Terms will be deemed to     create any form of partnership, joint venture, or any other similar     relationship between you and Crypto-Capable.
  3. Waiver: You agree that the     non-exercise of any legal right or remedy contained in these Terms will     not be taken to be a formal waiver of our rights and such rights or     remedies will still be available to us.
  4. Severability: If any court of law, having     the jurisdiction to decide on this matter, rules that any provision of     these Terms are invalid, then that provision will be removed from these     Terms without affecting the rest of the Terms. The remaining provisions of     these Terms will continue to be valid and enforceable.
  5. Assignment: The rights granted in these     Terms may not be assigned, transferred or delegated by you without our     prior written approval.
  6. Force Majeure: We will not be held responsible     for any failure, delay, interruption caused by circumstances outside our     control, such as network failure, network connection failure, earthquake,     disease outbreak, flooding, strikes, war, embargoes, or any act(s) of the     government or any statutory or regulatory authority.
  7. Notice: We may provide any notice to     you under these Terms by posting a notice on our website, which will be     effective upon posting. To give us notice under these Terms, you must     contact us by email at legal@cryptocapable.community.