These Terms and Conditions of Ambrosus API and Ambrosus Blockchain System Use (“the Terms”) constitute the agreement that is entered into by and between Ambrosus Technologies GmbH., a limited company incorporated under the law of Canton Zug, Switzerland, registered number CHE-422.231.745, having its registered office at: Gotthardstrasse 26, 6300, Zug, Switzerland (“Ambrosus”) and “You”.
These Terms govern the terms and conditions under which You may access and use the Ambrosus Application Programming Interface (the Ambrosus API) and software and devices of Ambrosus Blockchain System (the Ambrosus Blockchain System) as follows:
1. Accepting the Terms.
1.1. Irrevocable Consent. You irrevocably declare that prior to the moment You access the Ambrosus API for the first time (the Effective Date), – these Terms are fully read, clearly understood and irrevocably accepted by You without a need of any other instrument to be ever executed between Ambrosus and You for these Terms to constitute a valid agreement.
1.2. Authority to Accept the Terms. You represent that you have full power, capacity, and authority to accept these Terms. If you are accepting on behalf of your employer or another entity, you represent that you have full legal authority to bind your employer or such entity to these Terms. If you don’t have the legal authority to bind, please ensure that an authorized person from your entity consents to and accepts these Terms.
2. Changes to these Terms.
2.1. Ambrosus may revise these Terms at any time and assumes no responsibility for that whatsoever. Ambrosus has no obligation to inform You in advance and/or to submit any advanced personalized notice on amendment of these Terms. Please take notice of any changes on Your own, as they are binding on You.
3. Personal Information, Privacy and Data Protection.
3.1. Personal Information Collected.
3.1.1. The only information that will be collected from You upon accessing and using Ambrosus API and Ambrosus Blockchain System shall be an e-mail, as electronic mean of communication, by virtue of which You will be requesting an access to Ambrosus API and Ambrosus Blockchain System, unless other information is sought by Ambrosus from time to time subject to Ambrosus sole discretion.
3.1.2. Any data, inscripted into and/or attached to your e-mail account, being transmitted to Ambrosus along with Your e-mail, requesting to provide an access to Ambrosus API and Ambrosus Blockchain System (i.e. Your name and surname, geographical location, etc. if became expressly or impliedly known to Ambrosus), – shall be considered as submitted to Ambrosus with Your full unambiguous irrevocable consent and such consent shall be considered as duly given at the moment of receipt of such e-mail by Ambrosus. Such data may be processed by Ambrosus at any time thereafter.
3.2. Privacy and Data Protection.
3.2.1. The information, indicated in cl. 3.1.1. – 3.1.2. of sub-section 3.1. of these Terms will be collected by Ambrosus and will not be disclosed to any third party, unless explicitly authorized by You or if required to do so by any applicable law, including by not limiting to cases, prescribed by REGULATION (EU) 2016/679.
3.2.2. The information, indicated in cl. 3.1.1. – 3.1.2. of sub-section 3.1. of these Terms may be used for statistical and analytical purpose only with an aim of monitoring and improvement of functioning of Ambrosus API and Ambrosus Blockchain System as blockchain-based software and its devices.
Ambrosus shall not collect a payment for accessing and using Ambrosus API and Ambrosus Blockchain System. Amborsus reserves the right to introduce a payment for accessing and using Ambrosus API and/or Ambrosus Blockchain System at any time at its sole discretion.
5. Intellectual Property and Restrictions.
5.1. Ambrosus is the owner of all intellectual property rights in Ambrosus API and Ambrosus Blockchain System. Such rights are protected by laws and treaties around the world. All such rights are reserved and You are not granted any right in respect of the same save as expressly provided under these Terms.
5.2. By providing You with access to Ambrosus API, the Ambrosus grants You a non-exclusive, worldwide, personal, non-transferable, non-assignable, non-sublicensable, royalty-free license to use Ambrosus API and Ambrosus Blochchain System as blockchain-based software and its devices, on the conditions, permitted by these Terms.
6. Exclusion of Warranties.
6.1. YOU EXPRESSLY AGREE THAT YOU USE AMBROSUS API AND AMBROSUS BLOCKCHAIN SYSTEM AT YOUR SOLE RISK. YOU REPRESENTS THAT YOU HAVE AN ADEQUATE UNDERSTANDING OF THE RISKS, USAGES AND INTRICACIES OF AMBROSUS API AND AMBROSUS BLOCKCHAIN SYSTEM as blockchain-based software and its devices.
6.2. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY WITH RESPECT TO THESE TERMS APPLY TO ANY AND ALL DAMAGES OR INJURY (INCLUUDING PERSONAL ONE) WHATSOEVER CAUSED BY OR RELATED TO RISKS OF, USE OF, OR INABILITY TO USE AMBROSUS API AND AMBROSUS BLOCKCHAIN SYSTEM, UNDER ANY CAUSE OF ACTION WHATSOEVER OF ANY KIND IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF AGREEMENT OR TORT (INCLUDING NEGLIGENCE) AND THAT NEITHER AMBROSUS NOR AMBROSUS TEAM SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHILE ACCESSING AND/OR USING AMBROSUS API AND AMBROSUS BLOCKCHAIN SYSTEM.
6.3. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE AMBROSUS API AND AMBROSUS BLOCKCHAIN SYSTEM IS AT YOUR SOLE RISK AND THAT THE AMBROSUS API AND AMBROSYS BLOCKCHAIN SYSTEM ARE PROVIDED “AS IS” AND “AS AVAILABLE.” IN PARTICULAR, AMBROSUS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS AND THEIR SUPPLIERS AND THIRD PARTY DEVELOPERS, DO NOT REPRESENT OR WARRANT TO YOU THAT:
6.3.1. AMBROSUS API AND AMBROSUS BLOCKCHAIN SYSTEM WILL MEET YOUR REQUIREMENTS OR REASONABLE MAN’S EXPECTATIONS (including its state, existing on Effective Date and/or after re-versioning of any kind);
6.3.2. AMBROSUS API AND AMBROSUS BLOCKCHAIN SYSTEM WILL BE UNINTERRUPTED, TIMELY (WITHOUT DOWNTIME), SECURE, OR ERROR-FREE (including its state, existing on Effective Date and/or after re-versioning of any kind);
6.3.3. AMBROSUS API AND AMBROSUS BLOCKCHAIN SYSTEM WILL BE ACCURATE OR RELIABLE; AND
6.3.4. DEFECTS IN THE OPERATION OR FUNCTIONALITY OF AMBROSUS API AND AMBROSUS BLOCKCHAIN SYSTEM PROVIDED TO YOU, – WILL BE CORRECTED AND CURRED (anytime existing on Effective Date and/or after re-versioning of any kind).
6.4. AMBROSUS API’s AND AMBROSUS BLOCKCHAIN SYSTEM’s PARTICULAR(S) OBTAINED, – IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE, LOSS OF DATA, OR ANY OTHER DAMAGE OR INJURY THAT RESULTS FROM DOWNLOADING, INSTALLING, GAINING ACCESS AND/OR USING ANY SUCH PARTICULARS.
7. Termination of Use of Ambrosus API and Ambrosus Blockchain System.
7.1. Ambrosus reserves the right to terminate access to and/or use of Ambrosus API and Ambrosus Blockchain System at any time at its sole discretion and without giving any notice to that effect, based on achieving by You of fair usage limit the Ambrosus anytime finds as appropriate.
8. Applicable law.
8.1. These Terms, their subject matter and their formation, are governed by English law. You and Ambrosus both agree that the courts of England and Wales will have exclusive jurisdiction save that.
8.2. A person who is not a party to these Terms shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 or any other similar legislation to enforce any provision of these Terms.
8.3. You may not assign or otherwise transfer your rights or obligations under these Terms.