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Terms of Service
PHAVER – TERMS OF SERVICE
1. WELCOME TO PHAVER
Effective Date: 19 September 2023
Welcome to Phaver, a social media platform operated by Phaver Oy and allowing users create, edit, update, share, curate, mint and monetize content. The platform consists of the Phaver App mobile application, Phaver’s website phaver.com as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Platform”).
We may update the Platform or any part of the Agreement at any time, for any reason, at our sole discretion. Once any part of the Agreement is updated and in effect, you will be bound by the terms if you continue to use the Platform. We may, at any time, and without liability to you, modify and discontinue all or part of the Platform. You should review the Terms of Service and other parts of the Agreement from time to time to ensure that you understand the terms and conditions that apply to you when you access or use the Platform.
The Agreement is concluded between us and the User only, and not with Apple Inc., and we, not Apple Inc., are solely responsible for the Phaver App and the content thereof as set out in the Agreement. The User agrees that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon the User’s acceptance of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against the User as a third party beneficiary thereof.
In the event of any conflict between these Terms of Service and any other terms contained in the Agreement, these Terms of Service shall prevail unless expressly stated otherwise.
2. USE OF THE PLATFORM
To use the Platform, you must be legally able to enter into the Agreement. By finalizing the registration to the Platform, the User hereby represents and warrants to have the required authority to register to and use the Platform. If you do not meet the requirements, you may not register to the Platform.
Subject to due sign-up and registration to the Platform as well as compliance with the terms of this Agreement, the User has a limited, non-exclusive, non-transferable, and non-sublicensable license to use the Platform in the form offered to the User by us, as modified from time to time, for the purposes set out herein. The User’s license to use the Platform is valid during the term of this Agreement. The User acknowledges that certain features or use of the Platform may require payment fees (such as but not limited to gas fees or in-app purchases) as set out in the Platform.
The User is responsible for obtaining the equipment, connections and software necessary to use the Platform as well as for any costs relating thereto.
We are continuously developing the Platform and we may change or remove different parts of the Platform, including its functionalities and features, in part or in whole. We may make modifications or changes to the Platform at any time at our sole discretion and without notifying the User thereof.
We are not responsible for retaining any materials or information that has been uploaded by the User to the Platform. User shall not use the Platform for storing or backing up any materials or information.
The use of the Platform may require you to connect your personal digital wallet to the Platform. You are responsible for safeguarding your digital wallet and We cannot and will not be liable for any loss or damage arising from your failure to secure your digital wallet or damage resulting from connecting your digital wallet to the Platform. You alone are responsible for securing your private keys. We do not have access to your private keys.
3. REGISTRATION AND USER ACCOUNT
When registering to the Platform and creating a user account, the User shall submit accurate and current details, as requested. The User shall update his/her/their details in case of any changes.
Once registration to the Platform is completed, the User can access his/her/their user account and complete or edit the User’s profile information, provided that the User complies with this Agreement.
User’s account is personal. User shall not disclose his/her/their accounts’ passwords to third parties or let third parties use his/her/their user account to the Platform. User is responsible for all use of the Platform under his/her/their account.
4. USER REWARDS
The User may be entitled to receive phaver points for user in-app activity such as curating and sharing content. Our third party service providers may offer services, rewards or other advantages (such as but not limited to tokens or cryptoassets) in return for phaver points, but all such other user rewards in the Platform are provided by third-party service providers of Phaver and not the Platform or Phaver itself. We are a software development company and only responsible for developing the Platform and the technology related to the Platform to provide the Platform for the Users.
It is important to understand that (save for the phaver points) we do not have possession, custody or control over any tokens or other cryptoassets which may be provided by our third party service Providers appearing on the Platform nor over any User’s other funds. Further, we do not store, send, or receive any tokens or other cryptoassets. You understand that when you interact with the Platform, you always retain control over your tokens and other cryptoassets.
Due to the non-custodial and decentralized nature of blockchain technology, we are not intermediaries, agents, advisors, or custodians, and we do not have a fiduciary relationship or obligation to you regarding any other decisions or activities that you affect when using our Platform.
We would like to note that transactions using blockchains may require the payment of gas fees, which are essentially transaction fees paid on every transaction that occurs on the selected blockchain network. Please note that gas fees are non-refundable. We do not provide any services to Users or deliver, hold, and/or receive payment for cryptoassets. We do not receive any fees for any transactions or the Platform.
We are not responsible for the content or services of the forementioned third-party. The use and access of any third-party services, including through the Platform, is at your own risk.
You are responsible for your taxes and duties. Users bear sole responsibility for paying all taxes, duties, and assessments now or hereafter claimer or imposed by any governmental authority associated with their use of the Platform and/or related to the third-party provided User reward system.
The User may regularly evaluate and report to Phaver its views on and input regarding the Platform, including in regard its performance and functionalities (“Feedback”).
Phaver shall receive all ownership rights and intellectual property rights in the Feedback (including all derivatives and improvements thereof). The User acknowledges that Phaver may use the Feedback for any purposes, including incorporating the Feedback into the Platform (including all improvements thereof) and utilizing the Feedback when further developing the Platform itself or through a third party. However, nothing in this Agreement shall constitute an obligation for Phaver to use any Feedback provided by the User in any way.
7. PROTECTION OF COPYRIGHT
Notification on copyright infringement
If the User or a third party suspects that the Platform contains material infringing the User’s or the third party’s copyright or neighbouring rights, the User or the third party shall notify us thereof by emailing us at [email protected].
The above notification shall include the following information:
- 1.the notifying party’s name and contact information;
- 2.an itemisation of the material, for which prevention of access is requested, and details of the location of the material;
- 3.confirmation that the material which the request concerns is, in the notifying party’s sincere opinion, illegally accessible on the Platform;
- 4.information concerning the fact that the notifying party has in vain submitted his/her request to the content provider or that the content provider could not be identified;
- 5.confirmation by the notifying party that the notifying party is the holder of copyright or neighbouring right or entitled to act on behalf of the holder of the right; and
- 6.the notifying party’s signature.
On the basis of a notification complying with the above requirements, we will prevent access to said content available on the Platform.
Notification to the User and the User’s plea
In case we have received a copyright infringement notification described above in relation to the User’s User Content, we immediately notify the User of prevention of access to the User Content in question and supply the User with a copy of the notification on the basis of which prevention was made.
If the User considers that the prevention is groundless, the User may get the User Content returned by delivering to the notifying party a written or electronically delivered plea within 14 days of receiving the notification from us. A copy of the plea shall be delivered to us.
The plea shall include the following information:
- 1.the User’s name and contact information;
- 2.the facts and other reasons under which prevention is considered groundless;
- 3.an itemisation of the material for which prevention is considered groundless; and
- 4.the User’s signature.
If the plea meets the requirements set out above and is delivered to the notifying party within the time limit, Phaver shall not prevent the User Content in question from being returned and kept available on the Platform unless otherwise agreed between Phaver and the User or unless otherwise provided by an order or decision by a court or by any other authority.
8. INFORMATION AVAILABLE ON THE PLATFORM
The information posted by other users and the other information available on the Platform is for informational purposes only and does not constitute professional advice.
The content available on the Platform may include information that the User finds erroneous, misleading or otherwise objectionable. For clarity, we make no warranty as to the information available on the Platform or its accuracy, reliability or fitness for a particular purpose. The information does not, in any way, reflect the opinion of Phaver or its affiliates.
9. RESTRICTIONS OF USE OF THE PLATFORM
The User may use the Platform only and strictly in accordance with the terms of this Agreement, any applicable third-party policies, and all applicable laws, rules, regulations and related guidance, as well as only for the purposes set out herein.
Unless otherwise permitted in this Agreement, the User may not:
- 1.circumvent or attempt to circumvent any usage control or anti-copy features of the Platform;
- 2.probe, scan or test the vulnerability of the Platform;
- 3.use the Platform or the content available through the Platform in any manner that could damage, disable, overburden or impair the Platform;
- 4.use any data mining, robots, scraping, or similar data gathering or extraction methods;
- 5.use bots or other automated methods to use the Platform;
- 6.use, copy, sell, rent, transfer, license or otherwise provide anybody with the Platform and/or the content provided by anyone else available through the Platform, except as provided herein;
- 7.interfere with other users’ use and enjoyment of the Platform;
- 8.reverse engineer, decompile disassemble, decipher or otherwise attempt to derive the source code of the Platform or any related technology, or any part thereof;
- 9.exploit the Platform for any unauthorized commercial purpose;
- 10.use the Platform for transmitting any unauthorized advertising, promotional materials, junk mail, spam, chain letters, contests, pyramid schemes, or any other form of solicitation or mass messaging;
- 11.create an account in the Platform using an identity of another person;
- 12.access the Platform except through the interfaces expressly provided by Phaver, such as the Phaver App and the Phaver Website;
- 13.use the Platform in violation of applicable law;
- 14.use the Platform in ways that violate intellectual property rights, trade secrets or privacy of third parties;
- 15.use the Platform for unauthorized, inappropriate or unethical purposes or activities; or
- 16.use the Platform to transmit any material that contains adware, malware, spyware, software viruses, worms or any other computer code designed to interrupt, destroy, or limit the functionality of computer software or equipment.
We have the right to terminate the User’s account to the Platform and/or prevent the User’s access to the Platform at any time, for example in case we deem that the User has breached this Agreement, added misleading, inaccurate, inappropriate, unauthorized or illegal content to the Platform or caused harm to us or the other users of the Platform.
10. THIRD-PARTY SERVICES AND CONTENT
Certain functionalities, content or user rewards (such as tokens or cryptoassets) on the Platform may be provided by third parties.
This Agreement covers exclusively the Platform and the use thereof and any and all linked third-party services and content are provided by the relevant third parties and covered by their terms of service or other agreements or licenses. Phaver does not assume any liability in regard to use of such third-party services and content, whether or not they are referenced by or available on the Platform.
11. INTELLECTUAL PROPERTY RIGHTS
The intellectual property rights relating to the content user has posted on the Platform (“User Content”) shall belong to the User or User’s licensor, as the case may be.
The User grants Phaver an worldwide, non-exclusive and royalty free right to use and store the User Contentfor the purposes of providing the Platform to the User and software development.
The User is responsible for the User Content and for having obtained all necessary rights to add the User Content to the Platform to be used in accordance with this Agreement. The User shall ensure that the User Content does not infringe any third-party intellectual property rights or violate any applicable laws or legislation. The User shall not add any illegal, threatening, libelous, defamatory, or otherwise inappropriate User Content to the Platform.
The User expressly acknowledges and agrees that Phaver may monitor, edit or control the User Content. However, we reserve the right, at our sole discretion, to remove or not to publish, at any time and without notice to the User, any User Content from the Platform we deem to be inappropriate or in violation of this Agreement, applicable law or any third party rights.
The User shall clearly inform if the User gets paid by a third party for posting User Content.
Phaver has the right to collect and generate data and statistics from User Content and User’s use of the Platform (“Aggregate Data”) for updates and development of the Platforms. The intellectual property rights and title to Aggregate Data shall belong to Phaver.
All intellectual property rights in or related to the Platform and the data generated by the Platform or the Users’ use of the Platform and all parts and copies thereof shall remain exclusively vested with and be the sole and exclusive property of Phaver.
Except as expressly stated herein, this Agreement does not grant the User any intellectual property rights in the Platform and all rights not expressly granted hereunder are reserved by Phaver and its subcontractors or licensors, as the case may be.
12. LIMITATION OF LIABILITY
We try to keep the Platform up and running. The Platform may, however, at any time be temporarily interrupted or permanently discontinued and may contain errors and inaccuracies. We are not responsible for damages caused by such interruptions, suspensions, errors or inaccuracies or from any use of the Platform by the User.
You acknowledge that certain functionalities and content of the Platform rely on smart contracts stored on blockchain, cryptographic tokens generated by the smart contracts and other experimental software technology and systems that interact with blockchain-based networks. Smart contracts and other blockchain technologies are experimental, speculative, inherently risky, and subject to change. Risks, bugs, malfunctions, cyberattacks, or changes to the applicable blockchain could disrupt these technologies and even result in a total loss of crypto assets or their market value. Phaver, our personnel or any other affiliated entity does not assume any liability or responsibility for such risks. Therefore you assume the risk of engaging in transactions that rely on smart contracts and other experimental technology. You acknowledge that when you interact with any smart contracts, you always retain control over your tokens cryptoassets and any digital assets and that transactions that rely on smart contracts are trackable, transparent, and irreversible. If you are not comfortable assuming these risks, you should not engage in transactions using blockchain-based technology.
You acknowledge and understand that entries into blockchain are immutable and cannot be deleted or modified by anyone. This means that transactions that rely on smart contracts are permanent and cannot be undone by us or any other party.
To the maximum extent permitted by law, in no event shall Phaver, our personnel, or any other affiliated entity be liable to the User for any loss, damage, or injury of any kind including any direct, indirect, special, incidental, exemplary, consequential or punitive losses or damages, or damages for system failure or malfunction or loss of profits, data, use, business or good-will or other intangible losses, arising out of or in connection with: (i) the Platform or the User’s inability to use or access the Platform; (ii) misuse of the Platform (including, but not limited to, unauthorized access of the Platform; (ii) any User conduct on the Platform; or (iv) termination, suspension or restriction of access to the Platform.
In addition to the foregoing Phaver, our personnel, or any other affiliated entity shall not be liable for any damages caused in whole or in part by: (i) User error, such as forgotten passwords; (ii) server failure or data loss; (iii) the malfunction, unexpected function or unintended function of the blockchain, any computer or cryptoasset network (including any wallet provider) including, but not limited to, governance disputes, changes in cryptography or consensus rules, hacking, or cybersecurity breaches; (iv) any change in value of any tokens, cryptoasset or any other digital assets; (v) any change in law, regulation or policy; (vi) events of Force Majeure; or (vii) any third-party.
Furthermore, you agree that in no event will Phaver’s, our personnel’s or any other affiliated party’s cumulative liability to you or any other User, from all causes of action and all theories of liability exceed one thousand euros (EUR 1,000).
This section does not limit Phaver’s statutory liability for defects or delays in the Platform to our consumer users or consumer users’ statutory remedies under any applicable mandatory consumer protection laws.
13. WARRANTY AND CLAIMS
EXCEPT AS SPECIFICALLY PROVIDED UNDER THIS AGREEMENT AND TO THE EXTENT PERMITTED UNDER THE APPLICABLE LAW, THE PLATFORM IS PROVIDED "AS IS" AND WITH THE FUNCTIONALITIES AVAILABLE AT EACH TIME WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
If the User uses the iOS Phaver App downloaded from AppStore, the User represents and warrants that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
14. TERM AND TERMINATION
This Agreement shall enter into force immediately after the User has finalized the registration procedure to the Platform for the first time and accepted this Agreement as part of the procedure.
The User is entitled to terminate this Agreement by deleting his/her user account at any time. If the User is not able to delete the user account through the Platform, the User may request the deletion of his/her user account at any time by sending us an email to [email protected]. The email shall include User’s username and the email that the User used when registering to the Platform.
Phaver may terminate this Agreement and delete the User’s user account
- 1.immediately if the User fails to comply with any of its obligations under this Agreement;
- 2.immediately if Phaver stops providing the Platform;
- 3.immediately if the User has remained passive for more than 6 months in which case the User will be notified in writing 30 days before deletion of the user account and termination of this Agreement; or
- 4.any time and without stating any cause by 30 days’ written notice to the User.
After the termination of this Agreement for any reason, the User shall lose his/her access right to the Platform and none of the User’s User Content created solely on the Platform shall be visible or accessible to the User through the Platform. The User Content may, however, be stored on the Platform for a reasonable period to be determined by Phaver and if the User has opt-in for uploading the User Content to a blockchain protocol the User Content uploaded thereto shall remain stored as a file on the blockchain protocol and the content may also be displayed on Phaver as part of the integration with the blockchain protocol it has been posted to.
All provisions of this Agreement that are intended to survive the termination or expiry of this Agreement shall do so.
15. AMENDMENTS TO THE TERMS
We have the right to amend this Agreement by publishing the amended Agreement on the Phaver Website.
The amended Agreement will become effective within 30 days after they have been published.
By continuing to use the Platform after the amendments have been published, the User accepts the new terms of this Agreement.
The User cannot transfer or assign this Agreement. We may, however, transfer and assign this Agreement and our rights hereunder (including intellectual property rights and licenses) to our affiliates or as part of a sale or transfer of our business or other corporate acquisition.
17. APPLICABLE LAW AND DISPUTE RESOLUTION
This Agreement shall be governed by and construed in accordance with the laws of Finland, notwithstanding its choice of law provisions.
You and we agree that any dispute that cannot be resolved through the procedures set forth above will be resolved through binding arbitration in accordance with the International Arbitration Rules of the International Centre for Dispute Resolution. The place of arbitration shall be Helsinki, Finland. The language of the arbitration shall be English. The prevailing party will be entitled to an award of their reasonable attorney’s fees and costs. Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.