Last updated on: 29 July, 2024
1. Foreword
This is a legal document (known as "Terms of Service") which, upon accepting it (by selecting the ‘I agree to the terms of use' checkbox or similar method), imposes binding obligations on you as a user of our services and Auki Labs Limited (collectively referred to as "Auki", "our", "us" or "we") as a service provider.
As Terms of Service bind you legally, please review its terms carefully. By indicating your acceptance, we trust that you have actually read these terms.
If you are accepting these Terms of Service on behalf of an entity, you represent and warrant that you have full legal authority to bind that entity to these Terms of Service.
2. Scope
These Terms of Service apply to your use of the services included in the Posemesh Console and the related applications (such as Domain Management Tool) as well as other services we make available to you ("Services"). Note that additional terms might apply to certain services ("Service-specific Terms"). In such cases you will be asked to approve the Service-specific Terms before you can use the service in question.
Note that in addition to these Terms of Service, we can, from time-to-time, publish various policies related to the use of our services ("Policies"). These Policies, when published, will be made available on our website at www.posemesh.org. The Policies cover specific topic areas, such as privacy and data handling, and are an integral part of these Terms of Service. You must review and accept any such Policies before you can continue using our Services.
In case of any conflict between the Policies, the Service-specific Terms and this document, the Policies prevail, followed by the Service-specific Terms and this document.
3. Your eligibility to use our Services
Our Services are generally available to people of all ages. The following age limitations apply, however, to specific cases:
If you are considered a minor in the country you reside in, you must ask your legal custodian's permission before making any purchases.
If you are under sixteen or equivalent minimum age depending on jurisdiction, you should not use any of our Services that require you to provide us with personal data. See our Privacy Policy (https://www.posemesh.org/privacypolicy) for more information on how we collect and process personal data.
If the Service-specific Terms imposes additional age requirements, you must comply with those requirements before you can use the service in question.
4. Your right to use our Services
In consideration of your compliance with these Terms of Service we grant you the right to access and use our Services for commercial and non-commercial use.
Your right to use is subject to the following license restrictions:
Hacking, modifying or interacting in any harmful way with our Services.
Uploading and/or displaying: (i) any material protected by copyright or other intellectual property rights without the prior approval of the respective rights holder, or (ii) any illegal or otherwise inappropriate or obscene material.
Using our Service for any illegal, fraudulent or unauthorized purpose.
Copying any elements of our Services, including code, graphics, sounds, our name, trademark, logo or other proprietary information, without our prior written consent (except as part of your use of the Services).Circumventing or breaching any security or any authentication measures put in place by us.
Transmitting any worms or viruses, or any code of a destructive nature.
Providing us false or misleading information.
Collecting from any third parties personal data or personally identifiable information in violation of any data protection and/or privacy laws.
Using the Services in violation of any export control laws or regulations.
Encouraging or soliciting any third party to do any acts of the above acts or any other act that infringes these Terms of Service.
If we, in our reasonable discretion, consider that you are violating the these Terms of Service, we reserve the right to, in addition to any other remedies available, to suspend or close down your account. If we receive a complaint about a specific content you have uploaded being in breach of our Terms of Service, we reserve the right to remove such content from our Services.
5. Third Party Content
Our Services may include or link to content developed by third parties ("Third Party Content"). We cannot accept any liability for errors, omissions or other deficiencies in such Third Party Content. In some limited cases Third Party Content can be subject to its own terms of use, which you need to comply with in order to use such Third Party Content. In such cases we will notify you of the fact and ensure you must accept the third party terms before you can use the Third Party Content.
6. Ownership
Auki's product names are either trademarks or registered trademarks of Auki group. Our Services are protected by copyright, trademark, trade secrets and other intellectual property rights of Auki and our licensors. These Terms of Service do not grant you any rights in our Services or our intellectual property rights as such, except for your right to use the Services in accordance with these Terms of Service.
In some cases you might be able to submit your own materials into our Services. We claim no intellectual property rights over such material. Your materials remain yours. However, unless and until otherwise expressly informed by you, you grant us a non-exclusive, royalty-free, worldwide and perpetual right to use, modify, distribute, and prepare derivative works of, such material solely in our Services. This right must be perpetual, as we do not have the technical capability to manually remove all material you might have submitted to our Services.
7. Privacy
Your privacy is of utmost importance to us, as we believe that by protecting your privacy, we also make our Services better. In order to see how we collect and process personal data, please see our Privacy Policy. Your acceptance of the Privacy Policy is required before you can use any parts of our Services that require you to submit personal data to us.
8. No Warranty
We provide our Services on an "as is" and "as available" basis. WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY (INCLUDING BUT NOT LIMITED TO FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT) REGARDING THE USE OR THE RESULTS OF THE USE OF OUR SERVICES OR ANY THIRD PARTY CONTENT, TO THE GREATEST EXTENT PERMITTED BY LAW.
9. Limitation of liability
You agree to indemnify and hold us (and our directors, employees or partners) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service, or your violation of any law or the rights of a third party.
10. Termination
Your right to use the Services will terminate automatically if you fail to comply with these Terms of Service. After termination, you must delete all copies of any software and documentation related to the Services that you have downloaded or installed on your device.
11. Governing law and jurisdiction
In the event a dispute arises between you and us, please email us at [support@aukilabs.com], so we can attempt to resolve it promptly. If we cannot find an amicable solution, any dispute, controversy or claim arising out of or relating to these Terms of Services, or the breach termination or invalidity thereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force and as may be amended by the rest of this Section. The appointing authority shall be Hong Kong International Arbitration Centre. The place of arbitration shall be in Hong Kong at Hong Kong International Arbitration Centre (HKIAC) and the arbitration proceedings shall be conducted in the English language. There shall be only one arbitrator. Any such arbitration shall be administered by HKIAC in accordance with HKIAC Procedures for Arbitration in force. These Terms of Service shall be governed by and construed in accordance with the laws of Hong Kong without regard to any principle of conflicts of law.
12. General provisions
Your rights and obligations under these Terms of Services are personal to you, and are thus not assignable.
Because we are constantly developing our Services, we need to reserve the right, at any time and our sole discretion, to: (i) change these Terms of Service, or (ii) launch, change or close down Services. When we do so, we will use our reasonable efforts to notify you of what we have done. This notification can happen either via our website, via the Service, or via an email notice sent to your email address you gave us at registration.