terms and conditions

Acceptance of Terms and Conditions

THESE TERMS AND CONDITIONS (“TERMS”) ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU (“YOU” OR “YOUR”) AS THE USER OF THE PLATFORM (AS DEFINED HEREIN) AND, DISCOVERYIOT(“WE”, “US”, OR “COMPANY”), THE OWNER OR OPERATOR OF THE DISCOVERYIOT PLATFORM, INCLUDING http://discoveryiot.io AND THE DIS TOKEN (“TOKEN”) (COLLECTIVELY, REFERRED TO AS THE “PLATFORM”). THESE TERMS STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE PLATFORM. BY ACCESSING AND USING THE PLATFORM, YOU ARE INDICATING THAT YOU ACCEPT, AND AGREE TO COMPLY WITH THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT PERMITTED, AND YOU MUST NOT, ACCESS OR USE THIS PLATFORM. PLEASE READ THESE TERMS CAREFULLY AND IN ITS ENTIRETY.

Account/Personal Information/Privacy Policy.

You agree to provide accurate, current and complete information as required for using or accessing the Platform. Company reserves the right to block, remove, or otherwise delete users who provide false, inaccurate, or incomplete data. The Privacy Policy explains how your personally identifiable information is collected, used and disclosed. Company respects your privacy and will use information provided by you only in accordance with these Terms and the Privacy Policy. Further, you agree to be bound by the terms of the Company’s Privacy Policy which can be found at the following link: https://discoveryiot.io/privacy

Use of Platform; Restrictions on Use

Use of Platform

Subject to Your compliance with these Terms and the Simple License Agreement for Future Tokens, the Company hereby grants you a limited, revocable, non-transferable (except to the extent the Simple License Agreement for Future Tokens allows Tokens to be transferred), non-sub licensable (except to the extent the Simple License Agreement for Future Tokens allows Tokens to be sublicensed), fully paid, and non-exclusive license to access the Platform and use the content, information, text, images, logos, icons, graphics, interfaces, Platform design, audio, and video clips and any other materials displayed on the Platform (collectively, the “Content”), solely for Your use. You may not copy, modify, reproduce, retransmit, publicly display or perform, distribute or otherwise use the Content except as expressly set forth in these Terms. You may not remove any copyright or other proprietary notices from any Content. If you breach any term of these Terms, Your authorization to use the Platform and Content automatically terminates without notice to you.

Restrictions on Use

You hereby represent and warrant that You will not, and will not induce any third-party to: (a) attempt to disable or circumvent any security mechanisms used by the Platform or Content or otherwise attempt to gain unauthorized access to any portion of the Platform or Content or any other systems or networks connected to the Platform, or to any server of Company or its third-party service providers, by hacking (as defined in the Simple License Agreement for Future Tokens), password “mining,” or any other illegal means; (b) use any “deep-link,” “page scrape,” “robot,” “spider,” or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy or monitor any portion of the Platform or Content; (c) use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Platform or with any other person’s use of the Platform; (d) track or seek to trace any information on any other person who visits the Platform; use the Platform or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by these Terms or applicable laws, rules or regulations; (e) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of any proprietary software used to provide or maintain the Platform or Content or that is otherwise applicable to the Platform or the Content; (f) remove, obscure or alter any legal notices, including without limitation notices of intellectual property rights appearing in or on the Company’s proprietary information or any materials delivered to You by Company; or (g) reproduce, distribute, display, modify or make derivative uses of the Company’s proprietary information or the Content, or any portion thereof (except for any Content for which You have been given written permission), except as expressly provided herein.

AML/KYC Policy

Company has adopted a Know Your Customer Policy” (the “Policy”), which may be amended or changed from time to time as described herein these Terms. Company may enact reasonable procedures and processes to administer this Policy and to identify and verify the identity of any user of its Platform and any person or entity attempting to purchase a Token on the Platform, which may include but is not limited to procedures and processes intended to: designation of a compliance officer; employee training; auditing; request evidence or documentation necessary to verify your identity and other necessary information; monitoring of Your Tokens and account; and use third-party service providers to verify the identity of any and all users of the Platform. Company shall not accept or process any Token purchases that it deems to be in violation of its KYC or Legal or Fiscal compliance policies.

Intellectual Property Rights

You hereby acknowledge and agree that the Company owns or controls all legal right, title and interest in and to the Content and the Platform, including but not limited to any copyrights, trademark rights, patent rights, moral rights, and other intellectual property and proprietary rights therein, whether such rights are registered or unregistered, pending or provisional, and wherever in the world those rights may exist. Your use of the Platform does not grant you ownership of any kind in any Content. You may access on or through this Platform. Unauthorized use is strictly prohibited.

Third-Party Websites: Indemnification

Third-Party Websites

The Platform may provide links to third-party websites that are not owned or controlled by Company (the “Third-Party Websites”). We provide such links solely as a convenience to you. We do not review, approve, endorse or make any representations about such Third-Party Websites, the companies or persons who own and/or operate them, or any information, software or other products and services made available through such Third-Party Websites or any results that may be obtained from using them. If you decide to access any such Third-Party Websites linked to the Platform, You are solely responsible for your activities conducted in connection with such Third-Party Websites. Your use of Third-Party Websites is subject to the terms of use and privacy policies located on the Third-Party Websites which may be different from these Terms or our Privacy Policy and, therefore, we recommend that you review such Third-Party Website privacy policies.

Indemnification

You hereby agree to defend, indemnify, and hold Discoveryiot Parties (including, without limitation, attorney’s fees and costs) arising from:

Your use of the Platform or any content You submit through the Platform;

A breach of these Terms by You, Your employees or agents;
A breach of any applicable law by You, Your employees or agents; and
Any action, including but not limited to the initiation of any investigation, against Company by a third-party as a consequence of any of the above.

Intellectual Property Rights

Disclaimer of Warranties

Company cannot and does not represent or warrant that the Platform or its server will be error-free, uninterrupted, and free from unauthorized access (including third-party hackers or denial of service attacks), free from a Force Majeure Event (as defined herein) or otherwise meet your requirements.

THE PLATFORM, CONTENT, AND ANY PRODUCTS ARE FURNISHED TO YOU “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND. COMPANY, ON BEHALF OF ITSELF AND ITS AFFILIATES, LICENSORS, BUSINESS PARTNERS, JOINT VENTURERS, SUPPLIERS AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY THE “DISCOVERYIOT”): (A) EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM, CONTENT OR PRODUCTS WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE PLATFORM OR CONTENT WILL BE TIMELY, UNINTERRUPTED, STABLE, SECURE OR FREE OF VIRUS; (C) DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM, CONTENT OR PRODUCTS WILL BE ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED; AND (D) DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING THE USE OF THE PLATFORM, CONTENT OR PRODUCTS IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS OR OTHERWISE. YOUR USE OF THE PLATFORM, CONTENT OR PRODUCTS IS ENTIRELY AT YOUR OWN DISCRETION AND RISK AND YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM, CONTENT OR PRODUCTS THEREON.

Limitation of Liability

IN NO EVENT SHALL ANY DISCOVERYIOT BE LIABLE TO YOU, OR ANY THIRD-PARTY, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, LOSS OF VALUE OF THE PRODUCTS OR CONTENT OR LOSS OF THE USE OF THE PRODUCTS OR CONTENT, WHETHER BASED ON BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION, BREACH OF CONTRACT, ACTION IN EQUITY OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), EVEN IF AN ISTRATEGIES PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ADDITIONALLY, IN NO EVENT SHALL ISTRATEGIES PARTIES BE LIABLE FOR ANY MISTAKES, CONSUMER ALERTS, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY OR PROFANITY IN ANY CONTENT, NOR SHALL DISCOVERYIOT BE LIABLE FOR ANY STATEMENTS, REPRESENTATIONS OR ANY OTHER INFORMATION OR CONTENT PROVIDED BY ITS USERS IN ANY PUBLIC FORUM, PERSONAL HOME PAGE OR OTHER INTERACTIVE AREA, WHETHER OR NOT PART OF THE PLATFORM.

IN NO EVENT SHALL COMPANY’S LIABILITY UNDER THIS CONTRACT EXCEED THE AMOUNT OF MONEY THE COMPANY ACTUALLY RECEIVES FROM YOU UNDER THESE TERMS.

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT ANY ISTRATEGIES PARTIES’ LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH DISCOVERYIOT LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

Choice of Law

The validity, interpretation, and performance of these Terms shall be controlled by and construed under the laws of India without regard to its conflicts of laws principles.

General Terms

Entire Agreement

These Terms, the Simple License Agreement for Future Tokens, and any other terms and privacy policies referenced herein, are the entire agreement between you and the Company and supersedes any prior agreement or understanding regarding anything connected to that subject matter.

Amendment; Modification

Company may add to, change or remove any part of the Platform, including, without limitation, any content, at any time without prior notice to you. We also have the exclusive reserve the right to modify these Terms at any time. When we make changes to the Terms, We will revise the “Last Updated” date at the top of the Terms and we will notify you of the changes by prominently posting a notice of such changes on the Platform and/or be sending you an email. We encourage you to review these Terms whenever you visit the Platform. By continuing to access and use the Platform after any such changes have been posted, you are indicating your acceptance of such changes, even if you have not reviewed the changes.

Electronic Communications

Whenever you visit our Platform or send emails to Us, You are communicating with us electronically. For that reason, you also consent to receive communications from us electronically. We will communicate with you by email (if you have provided your email address to us), by posting notices on our Platform or by such other means as we may determine from time-to-time. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing to the extent permitted by applicable law.

Waiver

Company’s failure to exercise, partially exercise or delay in exercising any right or remedy under these Terms shall not operate as a waiver or estoppel of any right, remedy or condition.

Severability

If any provision of these Terms is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired.

Assignment

You may not assign or otherwise transfer or delegate your obligations or performance under these Terms to a third-party without Company’s prior written consent. Company may assign or transfer its rights or delegate any performance under these Terms to any third-party in its sole discretion.

Comments and Concerns

The Platform is operated by Discoveryiot, and any Parties that it may collaborate with. Any feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to: [email protected]