Terms of Services
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Welcome to ZiTrend.net ("ZiTrend" or the "Platform"), operated by ZiTrend Pte. Ltd. ("Company", "us", "we" or "our"), a company incorporated in Singapore. We provide our Services (as defined below) to you subject to these Terms of Service (the "Terms"), our Privacy Policy, and any other guidelines, rules, policies, or supplementary agreements which may be applicable to our Services, all of which are hereby incorporated by reference into these Terms.
For the purposes of these Terms, “Services” shall refer collectively to our Platform and its related websites, services, functionalities, applications, software, API(s), subscription plans, products, and content. By accessing or using our Services, you agree to comply with all of these Terms, which shall form a legally binding agreement between us and you.
CHANGES TO OUR SERVICES AND TERMS
Any description of our Services provided is not a representation that our Services are functioning, or will always function, in such manner. We may change or discontinue any aspect, feature or functionality of our Services at any time, and may also modify these Terms, or any part thereof, in our sole discretion to address changes to our Services and/or applicable laws and regulations.
Although we may use commercially reasonable efforts to notify users of such changes, you agree that it is your responsibility to periodically review these Terms (including referring to the "Last Updated" date at the top of these Terms) to stay informed about your access and use of our Services. Your continued access or use of our Services from the effective date of any such changes to our Services and/or Terms shall be deemed to constitute your acceptance. If you do not agree with all of our Terms, you must not access or use our Services.
USER ACCOUNT
You may need to register a user account to receive information from us and/or to access or use certain features of our Services. We will use the personal information you provide to us in accordance with our Privacy Policy.
By registering, you represent and warrant that all information that you provide is current, complete and accurate to the best of your knowledge. You agree that your user account is personal to you and is only meant for your usage, and you agree not to share your user account with anyone else.
You are solely responsible for keeping your user account credentials secure and confidential, and you accept sole responsibility for all acts or omissions associated with your user account. Any access, use, and/or interaction in our Services associated with your user account shall be deemed to be your access, use, and/or interaction, and shall be binding on you, irrespective of whether you have authorised the same or not.
You agree to notify us immediately at [email protected] if you believe, or have reason to believe, that your user account or any of your personal information has been compromised. We may limit, suspend, or terminate your access to the Services or your user account at any time without giving any notice in advance.
You may request a deletion of your user account at any time according to our prescribed procedures, save that you shall remain liable for all acts or omissions associated with your user account up to the time of deletion. Unless expressly provided otherwise, any amounts already paid to us in connection with any subscription plans for your user account are non-refundable.
Due to legal or regulatory restrictions in certain jurisdictions, you may not be able to access or use our Services in or from those jurisdictions. Nothing on our Services is intended for distribution to, or for use by, or to be acted on by any person in any jurisdiction where such distribution, use, or action would be contrary to applicable laws or would subject us to any registration or licensing requirement. Notwithstanding anything in these Terms, we have the right to prevent the Services from being accessed or used in any jurisdiction as we may determine in our sole discretion.
WEB3 SERVICES
We may leverage Web3 services, such as third-party blockchain wallet applications, to provide you with the ability to create a user account, associate an existing user account, or purchase our paid subscription plans using your blockchain wallet address ("Digital Wallet"). If you choose to access and/or use our Services through Web3 services, you agree to our collection, use, and/or disclosure of your Digital Wallet, transaction information, and token identifiers in accordance with our Privacy Policy.
As the user and owner of a Digital Wallet, you are solely responsible for keeping it secure. You should never share the secret credentials (such as seed phrases or private keys) associated with your Digital Wallet with anyone, and we will never ask for this information under any circumstances. We have no control over the transactions initiated through your Digital Wallet, and are not responsible for maintaining, operating or providing any third-party applications or services that you may use. You remain responsible for all acts and omissions in connection with your usage of a Digital Wallet in our Services and we do not accept any responsibility or liability to you.
ACCEPTABLE USE
You agree to use our Services solely in accordance with our Terms, and as permitted by applicable laws and regulations. You shall not use our Services in any manner that infringes, misappropriates, or violates any of our or other third party’s intellectual property rights or other rights, or otherwise in violation of any applicable law. We reserve the right to determine in our sole discretion whether a use of our Services fails to constitute acceptable use, even if such use has not been explicitly addressed in our Terms. Without limitation, you shall not, without our express and specific written consent:
access or use the Services if you are not at or above the legal age of majority in your jurisdiction, or if you are not able and legally competent to agree to these Terms;
copy, reproduce, rent, lease, loan, assign, distribute, duplicate, license, transfer, sell, resell, publicly display, adapt, or disclose, in whole or in part, the Services or any derivative works thereof, including but not limited to program listings, object and source program listings, object code and source code, files, tables or documentation;
interact with, or extract, mine, scrape or download any information, data or content from our Services including without limitation using scripts, engines, software, tools, agents, devices, data mining tools, scraping techniques, or other means or mechanisms, in each case whether manual or automated;
recompile, decompile, disassemble, reverse engineer, or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof;
compete with our Services or business in general, including without limitation:
using our Services to create or support a similar product, service or API; and/or
using our Services for benchmarking or competitive analysis with respect to competitive or related products or services, or to develop, commercialize, license, or sell any product, service or technology that could, directly or indirectly, be a substitute for our Services or affect our ability to realize revenue in connection with our Services;
use our Services to develop, test, market, or train artificial intelligence technology, machine learning models, automated analytical techniques, or related technology;
do or attempt to do any of the following:
probe, scan, test the vulnerability of or attempt to circumvent security or authentication measures of any Services or features, functionalities, data, information or content that you are not authorised to access;
interfere with, 'jailbreak', or disrupt the proper working of the Services or any aspect of the Services, any website or any networks connected to the Services; and/or
interfere with or disrupt the integrity or performance of, our Services, or another user's enjoyment or legitimate use of our Services;
upload, generate, transmit, distribute, store or otherwise make available (or introduce to the Services) in any way:
harmful code or files that contain viruses, trojans, worms, time bombs, logic bombs or other material that is malicious or technologically harmful;
material which infringes or may infringe any copyright, trade mark or other intellectual property or privacy rights or moral rights of any other person; and/or
material that, in our sole judgment may expose us, the Services or its users to any harm or liability of any type;
transmit any data to us which may not be transmitted to or processed by us due to applicable laws, including without limitation data protection laws, contractual or statutory confidentiality obligations, export restrictions or other statutory provisions or third-party rights; and/or
portray us and/or any of our affiliate(s), or our Services, in a false, misleading, or derogatory manner.
INTELLECTUAL PROPERTY OWNERSHIP
ZiTrend Content
All content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, materials, and "look and feel" of the Services, and all related intellectual property rights (the "ZiTrend Content"), are either owned by or licensed to us. Any use of the Nansen Content for purposes not expressly permitted by us is strictly prohibited.
These Terms do not confer on you any rights to use "Nansen" and any other trade marks, service marks, logos, get-up, trade names, goodwill, Internet domain names, slogans, product names and designations, or other proprietary indicia from any part of our Services, all of which are and remain the property of ZiTrend or the relevant owner(s). We and our licensors reserve all rights not expressly granted to you in and to Nansen Content.
Limited Licence
Subject to your compliance with these Terms, we provide you a non-exclusive, limited, personal, non-transferable, non-sublicensable, non-assignable, and fully revocable licence to access and use our Services in our approved jurisdictions. We retain all rights, including copyright and other intellectual property rights, in all content and materials provided in connection with our Services, and reserve all rights not expressly granted to you. You acknowledge and agree that we may terminate this licence at any time in our sole discretion.
Open Source Software
Some aspects of our Services may include software or other materials offered under an open source or other third-party licence, in which case your use of our Services shall be governed by such third-party terms, in addition to these Terms.
FEEDBACK
You may voluntarily post, submit or otherwise communicate to us, including through third party channels (e.g., social media or Discord), any questions, comments, suggestions, ideas, original or creative materials or other information about the Services (collectively, “Feedback”). By posting or submitting any Feedback to us, you hereby irrevocably grant to us a perpetual, worldwide, unlimited, royalty-free, and fully transferable and sublicensable licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Feedback (in whole or in part) in any media and to exploit and incorporate the Feedback into other works in any format or medium now known or later developed, without restriction, without attribution, and free of charge without any obligation to compensate you or anyone else. You understand that we are not obligated to keep any Feedback confidential or refrain from using or disclosing it in any way for commercial and non-commercial purposes, and you agree to waive and never to assert any privacy, publicity, moral or other similar rights in connection with such Feedback.
THIRD PARTY ELEMENTS
Where any product, service, content, or functionality ("Third Party Element") originates from or is provided by a third party ("Third Party Provider"), and any part of our Services displays, publishes, makes available, incorporates, interfaces with, interoperates with, integrates with, or links to any such Third Party Element, you agree and acknowledge that:
We have no control over, and shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of any Third Party Element. Any use by you of any Third Party Element on or through our Services is entirely at your own risk.
Third Party Elements may be subject to additional terms and conditions, availability and location serviceability of the Third Party Providers, over which we have no control. The fullest extent of our obligation is only to facilitate and make available such Third Party Elements (or part thereof) to you on a pass-through basis and "as received" by us. We may, in our sole discretion, suspend, discontinue or terminate all or any part of affected Services in the event that a Third Party Provider suspends, discontinues or terminates the Third Party Element, and/or its agreement(s) with us and/or you.
Where the Services contain links to Third Party Elements outside of the Services (for example, links to sites and resources by Third Party Providers), such links are provided for your information only and must not be interpreted as our approval of those linked functionalities or information you may obtain from them. We do not endorse and are not responsible or liable for any content, advertising, products, services, or materials on or available through such externally available Third Party Elements.
ARTIFICIAL INTELLIGENCE AND RELATED TECHNOLOGIES
We may, from time to time, use automated analysis, artificial intelligence, machine learning and related technologies to improve, create or maintain features, functionalities, information, data and/or content (collectively, "AI Features") provided to you as part of or in connection with our Services. If you choose to use such AI Features, you agree and acknowledge that:
You are interacting with a non-human algorithm, even if such AI Features purport to understand natural language queries and/or simulate realistic interactions.
Not all requests or queries made by you will be accepted by or compatible with the AI Features, and the AI Features may produce outputs that are inaccurate, inappropriate, not fit for use, or which lack context.
You accept the sole risk of any misunderstandings, inaccuracies, and/or lack of context in the responses generated by your use of any AI Features, and we shall not be liable to you or any third party in that regard.
We may, at times, process your requests more slowly, suspend, or restrict access to the AI Features, without providing any reason for doing so.
Such functionalities may integrate, interact or interoperate with Third Party Elements and/or be fully or partially provided by Third Party Providers.
NOT INVESTMENT ADVICE, NO INDUCEMENT TO TRADE, ETC
You agree and acknowledge that:
Our Services, and the information, data and content therein, are intended solely for educational and informational purposes. Nothing in our Services is intended to induce or attempt to induce any person to buy, sell, or hold any token or participate in any protocol or enter into, or offer to enter into, any agreement. The availability of our Services, or the grant of access and/or use of the same, shall not be construed in any way as: (i) an inducement to trade; (ii) a solicitation for orders or entry into any legal relations; or (iii) a prompt for any action or decision on your part regarding whether to undertake or consider undertaking any investment or trading decision or otherwise.
Our Services provide only general information, and may not be current or suitable for your investment or trading objectives, financial situation, and/or particular needs. Any statements made (including opinions, if any) are wholly generic and not tailored to the personal needs or unique circumstances of any individual. They should not be construed or relied upon as financial, investment, legal, tax, professional or any other advice, and we do not provide such advice or recommendations for any investments, trades, or products. You should not take, or refrain from taking, any action in reliance on any information on our Services without seeking independent verification or advice from your professional advisors.
We do not guarantee or promise any expected or projected success, profitability, return, performance, result, effect, consequence or benefit (whether economic, legal, regulatory, tax, financial, accounting or otherwise) in relation to any transaction you may enter into. Investment and trading decisions are subject to significant risks, including the possible loss of the principal amount invested. Past performance is not indicative of future results. Examples, where provided, are illustrative only. We may change our views and observations expressed at any time without notice, and we do not accept any liability whatsoever for any losses or liabilities arising from your use of or reliance on any information, data, or content obtained from our Services.
DISCLAIMERS AND EXCLUSION OF WARRANTIES
To the maximum extent permitted under applicable laws, our Services are provided on an "as is" and "as available" basis. We expressly disclaim, and you waive, all warranties of any kind, whether express or implied, including, without limitation, implied warranties of accuracy, adequacy, completeness, timeliness, performance, security, currency, conformance with description, continued availability, interoperability with other systems or services, reliability, availability, merchantability, quality, fitness for a particular purpose, title and/or non-infringement of third party rights. No such warranty or representation is given in conjunction with any of the Services, AI Features, Nansen Content, and/or Third Party Elements, including without limitation any and all information, content and materials contained therein.
This disclaimer also extends to any products, features, functionalities and services that we may make available to you from time to time as part of the Services prior to their general release that are labelled or otherwise communicated to you as "early access", "preview," "alpha," "beta," "beta services," "pre-release", "non-general release" or such other similar terminology.
We may temporarily suspend access to our Services or portions of our Services from time to time for maintenance without notice. We reserve the right to upgrade, modify, alter, suspend, discontinue, or remove, whether in whole or in part, the Services and/or Nansen Content, and/or any functionality provided therein, without giving any prior reason or notice. By doing so, we do not warrant any particular level of availability for our Services and are not responsible or liable to you or any third party for any losses due to downtime of our Services.
You understand that your access or use of our Services is at your own risk, and we expressly disclaim all liability and responsibility for any damages, losses, claims, or causes of action related to any of our Services. We do not guarantee that the Services will be secure or free from bugs or viruses, and you are responsible for ensuring the security of your device(s), information technology, computer programme(s) and platform(s) that you use to access our Services.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable laws, we shall not be liable to you for:
any loss of business; loss of goodwill; business reputation; business interruption; loss of profit (whether incurred directly or indirectly); loss of goodwill; loss of opportunity; loss of data; loss of use; and/or indirect or consequential losses which may be incurred by you, including without limitation any damages resulting from reliance by you on any information or errors in such information obtained from using our Services; and/or
any loss or damage which may be incurred by you as a result of:
any changes which we may make to our Services, including without limitation any permanent or temporary cessation in the provision of our Services (or any part thereof);
the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Services;
your failure to provide us with accurate account information; and/or
your failure to keep your password or personal information secure and confidential.
These limitations on our liability to you shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless us, our parent companies, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, demands, liabilities, costs, and expenses (including but not limited to professional fees and expenses, loss of profit, damage to reputation, interest, and penalties), arising in connection with a breach by you or any user of your account under these Terms or arising out of a breach of your obligations, representation and warranties under these Terms.
TERMINATION
Without limiting our rights at law or elsewhere in these Terms, we may withdraw, modify, restrict, suspend or terminate your access to our Services (or any part thereof) at any time and in our sole discretion, without prior notice or liability, for any reason whatsoever, including without limitation:
if you breach or attempt to breach any provision of these Terms in any way;
if any information provided or representation made by you is false, misleading, or otherwise has an adverse material impact on us; and/or
if required to do so by applicable law.
Even if your access to our Services is withdrawn, modified, restricted, suspended, or terminated, you shall remain liable for all amounts owed to us and any other obligations or liabilities you may have incurred under these Terms.
All provisions of our Terms which by their nature should survive termination shall survive termination, including, without limitation, indemnification, intellectual property ownership, disclaimers and exclusion of warranties and limitations of liability.
GOVERNING LAW AND JURISDICTION
These Terms, their subject matter and their formation, are governed by the laws of Singapore. Any dispute arising out of or in connection with these Terms, including any question regarding existence, validity or termination of these Terms, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre ("SIAC") in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one arbitrator. The language of the arbitration shall be English.
In respect of any court proceedings in Singapore commenced under the International Arbitration Act 1994 in relation to the arbitration, the parties agree: (a) to commence such proceedings before the Singapore International Commercial Court (the "SICC"); and (b) in any event, that such proceedings shall be heard and adjudicated by the SICC.
OTHER TERMS
Force Majeure. We shall not be liable for non-performance, error, interruption or delay in the performance of our obligations under these Terms if this is due, in whole or in part, directly or indirectly, to an event or failure which is unavoidable, beyond our reasonable control, or which renders impossible the performance of such obligation.
Assignment. We may assign, transfer, novate, sub-contract, or otherwise deal with any or all of our rights and obligations under these Terms and such dealings shall not release you from your obligations or liabilities under these Terms. You shall not assign, novate, or transfer any or all of your rights and/or obligations under these Terms, nor dispose of any right or interest in it, without our prior written consent.
Waiver. Our failure to enforce or delay in enforcing any right or provision of these Terms will not be considered a waiver of those rights.
Cumulative Rights. Unless expressly provided otherwise, our rights and remedies under these Terms are cumulative and do not prejudice any rights or remedies (whether at law or otherwise).
Entire Agreement. These Terms, and the documents referred to in it, embody the entire agreement and understanding between you and us relating to the subject matter of these Terms, and supersedes all prior agreements and understandings relating to the Services.
Severability. If any court or tribunal, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid or unenforceable, then that provision will be removed from these Terms without affecting the rest of these Terms, and the remaining provisions of these Terms shall continue to be valid and enforceable.
Third Party Rights. A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 2004 to enforce any of these Terms.
CONTACT US
If you have any questions about these Terms, please contact us via email at [email protected].
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