Addap's Terms of Use Agreement

1 Preamble

Addap’s Technologies Limited is a company incorporated in Gibraltar, with registered number 116071 (here in “Addap’s” or “We” or “we”) and whose registered office is located at Portland House, Glacis Road, GX11 1AA, Gibraltar.

We provide a software application and its related services referred in this Agreement as Addap’s Products. This Agreement constitutes a contract between you and Addap’s, whichever the place you live.

If you open an account in Addap’s for an entity that is a company/organization, the definition “You" under this Agreement shall include both you and the company/organization you represent.

2.Purpose

This Terms of Use Agreement (herein “Terms” or “Agreement”) governs the access to and the use of Addap’s website, Addap’s applications and Addap’s services (all herein "Products").

3.Representations

You represent, warrant and undertake to us that:

  • You have the capacity and authority to enter into this Agreement;
  • If you enter into this Agreement on behalf of a company/organization, you have been duly authorized to do so;
  • this Agreement and the obligations created hereunder are binding upon you and enforceable against you and do not and will not violate the terms of any other agreement, or any judgment or court order, by which you are bound;
  • there is no proceeding pending or threatened which to your knowledge, challenges or may have a material adverse impact on this Agreement; and
  • the information which you provided to us is complete, true and accurate and does not violate someone else's rights.

4.Contractual documents

The contractual documents listed below form part of this Agreement and in the event of any inconsistencies between such contractual documents they will be in the order of precedence as stated below:

  • this Agreement;
  • Addap's policies.

5. Registration sign-up / Eligibility

By completion of the registration sign-up process to Addap’s, you agree to accept and to be bound by this Agreement

The access or use of Addap’s Products is strictly limited to persons who have 18 years old at least. Otherwise, you shall obtain the authorization of your legal representatives before accepting this Agreement.

You should be aware that:

  • We are providing the access to our Addap's Products without monetary compensation. However, part of our premium services related to the use of our blockchain technologies may be paid services;
  • You are solely responsible to pay any mobile carrier's fees and/or Internet provider fees or any related fees that may be requested for online connection.

6. Amendments

This Agreement may be updated from time to time by Addap's. In the event of a material change to this Agreement or in the event of any material Upgrade of Addap's Products, you will be notified within a reasonable timeframe and invited to accept the updated Agreement. If you do not accept such updated Agreement, You shall immediately stop using Addap's Products.

7. Content

7.1 Creation of content

Addap’s allows you to create online content environments on personalized Addap’s boards, aggregating elements such as web-links, web-apps, media web-content players, web-link quotes (sticky-notes), files retrieved from your online cloud environment and/or from your local device, design elements and others materials that will be added by Addap’s from time to time (all herein “Board Content”).

Addap’s allows you to access and use of User’s Content of other users provided that they make that content available to Addap’s public access. You will be able to access their Addap’s user information, their shared Boards Contents and others public materials that will be added by Addap’s from time to time (all herein “Following/Followers Content”).

Addap’s allows you to access and use social information with the Addap’s users community and with Addap’s such as comments, emotions and chats and others social materials that will be added by Addap’s from time to time (all herein “Social Content”).

The Board Content, Following/Followers Content and Social Content are all defined herein “User’s Content”.

You retain the right to create your online environments with User’s Content elements for your own use, provided that you do not limits, infringes or violates someone else's rights or elsewhere violates the law or elsewhere violates this Agreement.

You warrant and undertake that You retain all the rights in and you are solely responsible for the User’s Content and the online environments you create.

7.2 Posting content

You retain the right to post User’s Content elements to other Addap’s specific user and/or to you Addap’s friends and/or to the Addap’s entire community, provided that you do not limits, infringes or violates someone else's rights or elsewhere violates the law or elsewhere violates the this Agreement or inadequate as per Addap’s guidelines provided from time to time.

Anything that you post or otherwise make available on our Products (including the User’s Content) is referred to as "Shared Content." You retain all rights in, and you are solely responsible for the Shared Content you post to Addap’s.

7.3 Using your posted content

You grant Addap’s and Addap’s users a non-exclusive, royalty-free, transferable, worldwide license to use, display, store, reproduce, save, modify, perform, and distribute your User’s Content and your Shared Content (including User’s Content and Shared Content covered by intellectual property rights like photos and video), solely for the purposes of operating, developing, providing, and using the Addap’s Products and share it with others. Nothing in this Agreement shall restrict other legal rights Addap’s may have with regards to User’s Content and Shared Content in line with any applicable law.

When you share User’s Content with the Addap’s Public community, it means that you are allowing any Addap’s user, including eventually people out of Addap’s to access and to use that information, and to associate it with you and share it with others.

When you share User’s Content with your Addap’s Friends community, it means that you are allowing any of your Addap’s Friend that follow you to access and to use that information, and to associate it with you and share it with others.

8. Reporting

We greatly value the exchange with our users to improve Addap’s Products to be more effective and fun for our users. We encourage you to submit feedback or comments through our direct exchange links (all herein “Feedback”). While submitting to Addap’s your Feedback you agree that we are free to use it without any restriction or compensation to you. Further, by accepting your submission, Addap’s does not waive any rights to use similar, related Feedback previously known to Addap’s, or developed by Addap’s, or obtained from sources other than you.

9. Maintenance

Some of our Products are software that is downloaded to your computer, your mobile or other device type. You agree that Addap’s may regularly release new features in relation to its Products. These new features may be Updates or Upgrades:

“Update” means any modification or addition when made or added to the Products that corrects errors or provides minor functionality enhancements without changing their overall utility or functional capability. Addap's shall release the Updates at its own discretion.

“Upgrade“ means an addition of one or more functions or modifications to the most recent version of the Products with the objective to offer new features or functionalities to You.

We will make our best efforts:

  • to make our Products available to You 24 hours a day, 7 days a week in accordance with standard best practices; and
  • to provide maintenance services in relation to our Products including error corrections, Updates and Upgrades.

10. Security

We highly care about, the security of our Products, our Addap’s users and the User’s Content and Shared Content (including related protected intellectual property content). We implemented the following security measures:

  • our infrastructure relies on a reputed providers that apply the highest security market standard;
  • passwords are securely hashed and salted before being stored in our databases;
  • every server access is monitored and logged;
  • two-factors authentication is enabled for all our internal tools, including backup management and coding tools;
  • databases are backup every day and encrypted.

While we work to do our best to protect the security of your User’s Content and Shared Content and the security of your Addap’s account, Addap’s cannot guarantee you against any unauthorized access.

We do ask you to keep your password secure and to notify us immediately upon any compromise or unauthorized use of your Addap’s account.

To assist Addap’s to protect your User’s Content Shared Content and protect your Addap’s account, we need your following commitments:

  • Do not post spam commercial communications on Addap’s;
  • Do not to upload viruses or any other malicious code;
  • Do not create or share any malicious User’s Content;
  • Do not use automated means to collect User’s Content and/or Addap’s Shared Content such as harvesting bots, robots or similar;
  • Do not process in Addap’s unlawful multi-level marketing, such as a pyramid scheme or similar;
  • Do not force access to an unauthorized account or access to an account of someone else;
  • Do not intimidate or threaten any Addap’s user. Do not incite others for violence, discrimination, harassment or any form of racism;
  • Do not use Addap’s Products to do unlawful actions;
  • Do not do any action that could disable, reduce or impair the proper working environment and/or functionalities of Addap’s;
  • Do not promote any type of violations of this Agreement.

11. Sanctions / Termination

We aim to respect and protect our Addap’s Community.

If You violate the Terms or create risk or possible legal exposure for us or if you breach any applicable law or violate/infringe someone else's rights, we reserve the right at our own discretion, without prior notice or consent and at any time, to:

  • remove or modify your User’s Content or your Shared Content;
  • block or disable your account; or
  • stop providing access to Addap's Products to You. In such case, this Agreement shall be deemed as terminated.

We will notify you by email or any other means and at the latest when you attempt to access your account.

In the case Addap’s disable your account or the company/organization account you represent, you will not create another one without our prior written consent.

If you want to stop using our Products for any reason whatsoever, You may delete your account at any time and without cause. In such case, this Agreement shall be deemed as terminated.

Upon termination of this Agreement, we may retain your User’s Content and Shared Content for a reasonable period of time for internal purposes Furthermore, Addap’s and Addap’s users may retain and continue to use, store, display, reproduce, modify, perform, and distribute any of your Shared Content that other users have stored or shared through Addap’s.

12. Data Privacy

Our users data privacy is highly important to us. Addap’s make regularly disclosures about how you can maintain your privacy through our Products.

The personal data collected through our Products include:

  • Information provided by our users through their profile (e.g. first name, last name, location...);
  • Meta-data regarding frequency and habits of usage of Addap’s and related features.

Your personal data is provided directly by you when you create your account or further once you add more information on your profile setting.

Your personal Data will be retained as long as this Agreement is not terminated plus (1) year or unless you exercise your rights in accordance with the applicable laws.

Your personal data is collected and processed in the context of the use of our Products platform for the following purposes:

  • management of users' registration;
  • service optimisation, improvements of the quality of our Products and user satisfaction;
  • personalisation of the global rendering of Addap’s (e.g. social feed, app language...).

In any case, your personal data will not be used for other purposes than those defined in the context of your contractual relationship with us. Your personal data will be accessed by Addap’s and by Addap’s subcontractors.

We undertake not to transfer your personal data to country or territory outside the European economic area except with your prior written consent.

In accordance with the applicable laws, you hold a right of access and of rectification of your personal data. You can also, for legitimate purposes, refuse the processing of your personal data. In addition, you can access your information by contacting the person or service in charge of the right of access within our company through the following email address data-policy@addaps.com.

13. Browsing to Websites through Addap’s Products

Addap’s Products allows global browsing and linking its users to third parties websites (web-links, web-apps, advertisers, websites services, websites offers, websites advertising, websites payments and any other websites interactions or other forms of online activities, all herein “Websites”). For clarification purposes, Addap’s do not own or control any of those Websites. By registering and using Addap’s you accept that we do not endorse or assume any responsibility whether direct or indirect, for any User’s Content, any Shared Content, any Websites content, any Websites products or Websites materials, any Websites services or any other type of interactions between the Websites and Addap’s users including yourself.

If you access, informed for content or interact for services or interact in any other way with any Website while using the Addap’s Product, you do so at your own risk and you agree that Addap’s will have no direct or indirect liability arising from your access to and use of any Website, any User’s Content and any Shared Content through Addap’s Products.

14. Intellectual Property

14.1 Addap’s license

Upon completion the registration sign-up process to Addap’s Products, we grant you a limited, non-exclusive, worldwide, non-transferable and revocable license to use our Products for the duration of this Agreement.

14.2 Addap's Products

Nothing in this Agreement shall be considered as affecting a transfer of title of any intellectual property rights in relation to our Addap’s Products to you. You shall not engage in any action that may compromise the property of Addap’s Products or result in any way in the acquisition of rights to our Addap’s Products.

You shall not use Addap's intellectual property rights for any purpose other than those specifically described and expressly authorized in the Agreement.

You will not create derivative works of, will not decompile, will not modify or extract our Products source code, unless we give you a written permission to do so.

14.3 Trademarks

You have no right to use our names, logos nor trademarks without our prior written consent.

15. Liability

Except for willful misconduct, neither Party shall be liable to the other Party under this Agreement for any indirect, incidental, consequential, reliance, or special damages suffered by such other Party (including without limitation damages for harm to business, lost revenues, lost savings or lost profits suffered by such other Party), regardless of the form of actions, whether in contract, warranty, strict liability, or torts, including without limitation negligence of any kind whether active or passive, and regardless of whether the Parties knew of the possibility that such damages could result.

Without prejudice to provisions hereunder, each Party’s liability to the other Party resulting from any and all causes under the Agreement other than as specified below, shall be limited to proven direct damages and shall not exceed, for any given contract year, an aggregate amount equal to 100 US$.

Neither Party excludes or limits its liability to the other Party under this Agreement for any losses, caused due to:

  • gross negligence or willful misconduct;
  • fraud;
  • death or personal injury;
  • breach of Article 3 (Representations);or
  • breach of Article 14 (Intellectual Property).

You agree to indemnify Addap's and hold harmless Addap’s and Addap’s Officers, directors, employees and agents from and against all damages, losses, costs and expenses, including without limitation legal and other related fees and expenses arising out of or resulting from the non-compliance with your obligations as defined in Article 3 and Article 14 of this Agreement.

YOU DO ACKNOWLEDGE AND ACCEPT THAT ADDAP’S PRODUCTS ARE PROVIDED TO YOU ON THE BASIS OF “AS IS”. WE DO NOT GUARANTEE THAT ADDAP’S PRODUCTS WILL ALWAYS BE ERROR- FREE OR BUG-FREE OR THAT ADDAP'S WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. ADDAP’S IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES AND WEBSITES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

16. Disclaimers

Although we provide rules for users conduct, we do not control our users actions on Addap’s and we are not responsible for the User’s Content or Shared Content or any type of other information transfer users consume or transmit or share on Addap’s. We are not responsible for any offensive, inappropriate, unlawful or otherwise inadequate content or information that may find through our Addap’s browsing tools and placed in the User’s Content or the Shared Content through our Addap’s Products. Further, Addap’s is not responsible for the actions or conduct, whether online or offline, of any Addap’s user.

Our Addap’s Products are provided on an "as is" basis without warranty of any kind, whether express or implied.

Addap’s disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose, and non–infringement, and any warranties arising out of course of dealing or usage of trade or equivalent activities.

Addap’s takes no responsibility and assumes no liability for any User’s Content or Shared Content that you or any other Addap’s user or third party or any Websites posts or transmits using Addap’s Products. You understand and agree that you may be exposed to User’s Content or Shared Content or elsewhere content exposed in Websites through

Addap’s browsing Products, that is inaccurate, inappropriate or otherwise unsuited to your purpose.

17. Miscellaneous

17.1 Assignment

The Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Addap’s without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

17.2 Entire agreement / severability

These Terms, together with the Addap’s policies and any amendments and any additional agreements you may enter into with Addap’s in connection with the Products, shall constitute the entire agreement between you and Addap’s concerning the Products. If any provision of these Terms is deemed invalid or unenforceable in local laws, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

17.3 No waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Addap’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

17.4 Force Majeure

In case of a Force Majeure event, the liability of both Parties will be excused for the non-performance of this Agreement. Unless otherwise agreed by the parties, if a Force Majeure event lasts more than three (3) months this Agreement shall automatically be terminated.

17.5 Language

The Parties acknowledge having required that the present Agreement and all documentation, notices, judicial proceedings entered into, given or instituted pursuant hereto or relating directly or indirectly hereto, be drawn up in English.

To the extent of any translated version of this Agreement conflicts with the English version, the English version shall prevail.

17.6 Conciliation

In the event of any dispute, the Parties undertake to initiate discussions in order to resolve amicably such dispute before any legal action is taken.

The requesting Party shall notify the other Party by registered letter with acknowledgment of receipt, stating the mains reasons of the dispute. Upon receipt of this letter, a conciliation phase of thirty (30) calendar days shall start during which the Parties shall endeavor to resolve the dispute amicably.

At the end of this period, if the Parties have not been able to resolve the dispute amicably, either Party may initiate legal proceedings before the competent jurisdiction.

17.7 Governing law and jurisdiction

This Agreement will be govern by the Gibraltar laws as well as any Claim that might arise between you and us, without regard to conflict of law provisions.

You will resolve any claim, cause of action or dispute (all herein “Claim”) you have with us arising out of or relating to this Agreement in the competent jurisdiction.

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE COMPETENT JURISDICTION MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND ADDAP’S ARE EACH WAIVING THE RIGHT TO A TRIAL OR TO PARTICIPATE IN A CLASS ACTION.