Terms of Use

Effective as of: November 2018

Last updated on: November 2018

Hello! Thank you for visiting our Website.

These Terms constitute a legally binding agreement between Kepler Technologies GmbH, a company registered at Sumpfstrasse 26, 6312 Steinhausen registration No. CHE-395.347.099 (“Kepler Finance”, “we”) and the User (also “you”, “your”), which regulates your use of the Website.

Please read these Terms carefully before using the Content from the Website as they affect your obligations and legal rights, including, but not limited to, waivers of rights, limitation of liability, and your indemnity to us. It is very important.

By accessing and using this Website, you agree to be bound by these Terms, as well as by the Privacy Policy and the Cookies Policy, which are the integral part of these Terms.

Should you have any questions regarding the use of the Website or regarding these Terms, please send us an e-mail via: support@kepler.finance

1. DEFINITIONS

“Aggregated Information” means any information collected from multiple open sources that relates to market of digital currencies, may cover different aspects of investing, managing, and trading in blockchain assets and that is published within the Website.

“Content” means all images, tables, diagrams, texts, links, logos and other information published within the Website.

“Third-Party Content” means links to and information on entities providing services and tools related to blockchain and cryptocurrencies obtained from such entities’ official websites or directly from the persons that have the authority to act on behalf of such entities.

“User Generated Content” means any Content uploaded to the Website by its Users via the special forms available on Website.

“Website” means this Kepler Finance website available at kepler.finance

2. THE PURPOSE OF THE WEBSITE AND ITS CONTENT

This Website is dedicated to publishing relevant and useful Content on the up-to-date news related to blockchain industry, digital assets market its data analyses, information on blockchain projects and companies involved, information on exchanges, cryptocurrency rates, wallets, blockchain asset management tools, products as well as different information guides.

Please note that Kepler Finance is dedicated to providing you with the credible, detailed and exhaustive overview of the digital assets market. We choose the companies and projects to publish information about them on the Website at our sole discretion and do not receive any payments for such actions.

Please also note that Kepler Finance does not act as an advisor on the merits of any particular transactions, including as to any financial, legal, investment, insurance and/or tax matters. The Content of the Website contains the materials that were created by us, the Aggregated Information, Third-Party Content as well as User Generated Content. Although we will strive to make the Content published within the Website as accurate and up-to-date as possible, we cannot always and are not legally obliged to check and moderate all the information that is collected from the open sources, third parties and the users. You should always remember to check and analyze such information by yourself before you use it in your personal affairs or business.

None of the information or analyses presented on the Website are intended to form the basis for any investment or business decision, and no specific recommendations are intended to be provided by us via the Website. Any information provided is for general information only.

You represent that you will check the accuracy of the information published on the Website before its use. You also represent that you have sufficient knowledge, market sophistication, professional advice and experience to make your own evaluation of the merits and risks of any actions with such information.

3. THIRD-PARTY CONTENT

The pages of the Website and any Content being available through it may contain links to third-party websites and services. Such links are provided for your convenience, but their presence does not mean that they are recommended by Kepler Finance. In addition, Kepler Finance does not guarantee their safety and conformity with any your expectations. We assume no obligations in the event of any damage or loss, or any other impact, directly or indirectly resulting from the use of any content, goods or services available on or through any such third-party websites and resources.

4. USER GENERATED CONTENT

User Generated Content can be submitted via the relevant forms available on the website. For example, in case you did not find the information you searched for on our Website, but you want to contribute to its development you may use such form and upload your own Content.

If you chose to do that please be sure you do not upload User Generated Content that:

  • libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
  • seeks to exploit or harm children;
  • infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity;
  • violates any law or may be considered to violate any law;
  • is protected as a trade secret or non-disclosure covenants;
  • advocates or promotes illegal activity;
  • impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the Content;
  • advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorized by Kepler Finance;
  • includes programs which contain viruses, worms and/or "Trojan horses" or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
  • contains links to other websites that contain the kind of content, which falls within the descriptions set out at (i) to (ix) above.

You agree that we will have a right, but not the obligation, to monitor any Content submitted by you. We shall have the right in our sole discretion to edit, refuse to publish or remove any User Generated Content. Without limiting the foregoing, Kepler Finance shall have the right to remove any material that Kepler Finance, in its sole discretion, finds to be in violation of these Terms or otherwise objectionable.

By uploading your User Generated Content to the Website you provide Kepler Finance the unlimited, non-exclusive, transferable, sublicensable, irrevocable and free license to use such User Generated Content for publishing such Content within the Website, using it in analyses, for marketing purposes etc.

5. MAILING LISTS

You have a possibility to subscribe to our mailing list. We respect your time and appreciate your desire to hear news from us, so we promise to be concise. In no case we will bother you without the reason. We will send you emails not more frequently than 1 time per week. Finally, we want you to know that we make all possible efforts to send you the interesting and useful information. When you find out that we fail in this, you may unsubscribe immediately at any time.

6. YOUR USE OF THE WEBSITE

You may use the Content published on the Website for any legitimate purpose. You may copy and publish the Content only pursuant to these Terms and provided you post such Content with the attribution to Kepler Finance or relevant third party in case the Content was already published within the Website with the appropriate attribution. The use of the Website is free of charge. Kepler Finance shall have a right to any time set a fee for the use of the Website.

7. REPRESENTATIONS AND WARRANTIES

While using the Website you represent and warrant that you will not, and will not encourage, authorize, or assist others to:

  • reverse engineer, decompile, disassemble, or in any way access or attempt to access the source code for the Website and/or extract any files from them,
  • make or attempt to make any modification to the Website,
  • modify, defeat, interfere with, or circumvent any feature of the Website, including any security or access control mechanism,
  • attempt to probe, study or test the vulnerability of the Website or to breach any security or authentication measures, regardless of your motives and/or intent,
  • attempt to damage, interfere with, or disrupt the functioning of the Website to any user, processor, host or network, including by submitting a virus, worm, or Trojan horse,
  • pretend that you are, or that you represent, someone else or impersonate any other individual or entity,
  • intercept any system data, personal information, or other data relating to the Website,
  • access or use the Website and its Content for any unlawful purpose,
  • use or launch any “robot”, “spider”, “page-scraper”, "deeplink" or other automated means to accesses, acquires, copies, or monitors any part of the Website.

If you breach any of the covenants, representations and warranties under these Terms, we may terminate your use of the Website and take legal actions under the applicable laws and these Terms.

8. PRIVACY AND PERSONAL DATA PROTECTION

Kepler Finance respects your privacy and has established certain policies and procedures relating to the collection and use of your Personal Data in connection with your use of the Website. Please, check our Privacy Policy to be aware of the policies and procedures applied to your use of the Website.

9. DISCLAIMERS

We provide information through the Website on an “as-is” and “as-available” basis. This means that we cannot (and we do not) make warranty that the services will be uninterrupted, timely, or error free.

In addition, we make no representations or warranties, whether express or implied, and assume no liability or responsibility for the proper performance of any services, online cryptocurrency services, assets or platforms and/or the information, images or audio contained or related to the Website. You use all of the mentioned at your own risk.

We will take reasonable steps to exclude any viruses or defects from the Website, however we cannot guarantee or warrant that any Content will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are encouraged to use your protective software to prevent the damages that may be caused by the Content with defects.

10. IMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KEPLER FINANCE DOES NOT ACCEPT ANY LIABILITY FOR ANY DAMAGE OR LOSS, INCLUDING LOSS OF BUSINESS, REVENUE, OR PROFITS, OR LOSS OF OR DAMAGE TO DATA, EQUIPMENT, OR SOFTWARE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS WEBSITE OR THE CONTENT ON THIS WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF KEPLER FINANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

KEPLER FINANCE DOES NOT ACCEPT ANY RESPONSIBILITY RELATED TO THE OPERATION OF ANY SOFTWARE, THE PRESENCE OF COMPUTER VIRUSES OR OTHER MALICIOUS CODE ELEMENTS, DANGEROUS OR DESTRUCTIVE FILES, WHICH CAN SPREAD OR IN ANY OTHER WAY AFFECT THE SOFTWARE AND HARDWARE AS A RESULT OF USING THE WEBSITE BY YOU, ACCESSING INFORMATION OR DOWNLOADING ANY CONTENT.

11. INDEMNIFICATION

You hereby agree to indemnify Kepler Finance, any of its officers, directors, employees and agents and its affiliated from and against any claims, costs, losses, liabilities, damages, expenses and judgments of any and every kind arising out of, relating to, or incurred in connection with any claim, complaint, or other proceeding, that arises or relates to any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms, or your wrongful or improper use of the Website.

12. AMENDMENTS

We may modify, amend or otherwise change these Terms from time to time, so please periodically check this page to ensure that you’re satisfied with any changes. Additional notifications on any amendments will pop-up when using the Website after the amendments were made.

If you continue to use the Website after such amendments, you will be considered as having accepted all of them, unless there is an obligation imposed on Kepler Finance by an applicable law to obtain your explicit consent to the amendments.

13. APPLICABLE LAW AND DISPUTE RESOLUTION

These Terms and other relationships between you and Kepler Finance shall be governed by the laws of Switzerland.

All disputes and disagreements that might arise from these Terms shall be resolved by means of negotiations. For the purposes of the settlement of such disputes, an e-mail correspondence with the authorized persons of Kepler Finance at: support@kepler.finance shall be the effective and binding method of communication.

If the dispute cannot be resolved by means of negotiation within 30 calendar days, it shall be settled by the International Arbitration and Cryptography Centre Limited (the “IACC”). The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be London, England. The language of the arbitration shall be English. The hearings will be held online in accordance with IACC Rules.

14. MISCELLANEOUS

Severability. These Terms shall supersede any other arrangements between you and Kepler Finance regarding the matter of subject of these Terms as well as all prior versions thereof. Should any provision of these Terms (a clause or a statement within a clause) be void, unenforceable or legally invalid otherwise, it shall not affect any other provision hereof, or these Terms as a whole.

Waivers. Our failure to assert any right or provision in these Terms shall not constitute a waiver of such right or provision.

Termination. These Terms shall be valid until our cooperation is terminated either by you or Kepler Finance. Notwithstanding anything contained herein, we reserve the right, without notice and at our sole discretion, to terminate these Terms or suspend your right to access the Website, including (but not limited to) in case of your breach of these Terms or if Kepler Finance believes you have committed fraud, negligence or other misconduct.

Contact. Should you have any questions regarding the use of the Website or regarding these Terms, please send us an email at: support@kepler.finance or contact us at: Kepler Technologies GmbH, registered at Sumpfstrasse 26, 6312 Steinhausen, Switzerland.

Your Kepler Finance team.