Dexu Pro API Is Live! Subscribe Here

TERMS OF SERVICE

DEXU

Date: May 13, 2025

1. INTRODUCTION

Welcome to DEXU, a platform operated by Dexu LLC, a limited liability company duly registered in Switzerland. (hereinafter referred to as the "Company", "we", "We", "us" or "Us")[cite: 1]. These terms of service (together with all appendices and exhibits hereto, which are hereby incorporated by reference, these "Terms," "Terms of Services," or this "Agreement") explain the terms and conditions by which you, as a user ("User(s)"), either personally or on behalf of an entity ("you" or "You"), may access and use DEXU Platform (the "Platform" or "Dexu") and related services provided by the Company (the "Services")[cite: 2].

2. ACCEPTANCE OF TERMS

By accessing, using or interacting with the Services in any way, including by Browse or using any of the features available on the Platform, You acknowledge that You have read, understood, acknowledged, and agreed to be bound by these Terms and the Privacy Notice in their entirety[cite: 3]. If you do not agree to these Terms, you are not authorized to access or to use any of the Services[cite: 4].

3. DEFINITIONS

The definitions provided in Appendix A of these Terms apply to all capitalized terms used herein[cite: 5]. Capitalized terms not defined within these Terms shall have the meanings assigned to them in the Privacy Notice[cite: 6].

4. PLATFORM AND SERVICES

4.1. THE PLATFORM

The DEXU Platform (the "Platform") is a Web3 analytics platform, providing data, knowledge, tracking and analytics functionality to Users[cite: 7]. The Platform is designed to help Users identify meaningful signals within the noise of the Web3 ecosystem, offering advanced analytics tools that provide insights into cryptocurrency markets, blockchain networks, and decentralized applications[cite: 8].

4.2. SERVICE TIERS

The Platform operates on a freemium model with the following service tiers:

  • Free tier ("Free Tier"): limited access to basic analytics features and public data without requiring account registration[cite: 9].
  • Subscription tiers ("Subscription Tiers"): access to premium features and analytics tools available to registered Users who have subscribed to one of our paid subscription plans[cite: 10]. Multiple subscription tiers are available, including a standard subscription ("Standard Subscription") or a pro subscription ("Pro Subscription"), with varying levels of features and capabilities as described on our pricing page[cite: 11].
  • Enterprise solutions ("Enterprise Solutions"): customized B2B services tailored to the specific needs of institutional clients[cite: 13]. Enterprise Solutions require direct contact with Dexu and are governed by separate Enterprise agreements ("Enterprise Agreement(s)"), in addition to these Terms[cite: 14].

4.3. THE SERVICES

The Platform enables Users to engage in various Web3 analytics services (the "Services"), with availability and depth dependent on the User's service tier[cite: 15]. These Services include, but are not limited to, market analytics for cryptocurrency price movements and trading volumes, technical analysis of blockchain networks and on-chain metrics, social intelligence tracking sentiment across the Web3 ecosystem, interactive data visualization tools, customizable market screening, project intelligence on blockchain protocols, event tracking for significant Web3 developments, personalized alert systems, and API access for developers[cite: 16]. Some Services may offer premium reports, advanced data sets, or real-time information[cite: 17]. The specific features available in each Service tier are detailed on our pricing page, and in the Enterprise Agreements concluded with enterprise clients[cite: 18].

5. ACCOUNT REGISTRATION AND ELIGIBILITY

5.1. ACCESS TIERS

Access to the Services vary depending on the service tiers:

  • Free Tier access: certain basic features on the Platform are available without registration[cite: 19].
  • Subscription Tiers access: registration and subscription to a paid plan are required to access subscription-based Services and advanced features of the Platform[cite: 20].
  • Enterprise Solutions access: institutional and business Users requiring customized solutions must contact the Company directly to establish such enterprise access[cite: 21].

5.2. ELIGIBILITY

To use the Services provided by the Company, Users must meet the following eligibility criteria:

  • Age requirement: Users must be at least 18 years old or the legal age of majority in their jurisdiction, whichever is greater, to use the Platform[cite: 22].
  • Legal capacity: Users must have the legal authority and capacity to enter into binding contracts under applicable law[cite: 23]. By using the Platform, and in all cases, by registering, Users confirm that they are not prohibited from using the Platform under the laws of their jurisdiction[cite: 24].
  • Jurisdictional compliance: the Platform may restrict or limit access to its Services based on geographic location[cite: 25]. Users must ensure that using the Platform complies with all local laws and regulations in their jurisdiction[cite: 26].
  • Prohibited Users: individuals or entities that are subject to sanctions or restrictions by regulatory authorities, including those appearing on international sanctions lists, are not eligible to use the Platform[cite: 27]. The Company reserves the right to screen and restrict access based on applicable sanctions laws[cite: 28].

5.3. INDIVIDUAL ACCOUNT CREATION

The following Account creation process applies to individual Users accessing the Free Tier and standard Subscription Tiers[cite: 29]. Enterprise Account creation is handled separately as part of the Enterprise Agreement process[cite: 30]. To access subscription Services, You must register for an Account[cite: 31]. When You register, You agree to provide accurate, current, and complete information and to update such information to keep it accurate, current, and complete[cite: 32]. The Account creation process involves the following steps:

  1. Google account connection: Users may authenticate their identity by connecting their Google account during the registration process[cite: 33]. This connection allows the Platform to collect and store relevant information, as outlined in the Platform's Privacy Policy[cite: 35]. Users must ensure their Google account is active and valid to maintain access to the Platform[cite: 36]; or
  2. Direct registration: Users may create an Account by providing their email address and creating a secure password[cite: 37]. Users who choose this method are responsible for maintaining the confidentiality of their password and for all activities that occur under their Account[cite: 38].

Regardless of the registration method chosen, You agree not to create Accounts using automated methods, create multiple Accounts for the same person, use another person's identity or information, or create an Account if you have previously been banned from the Platform[cite: 39].

5.4. ACCOUNT SECURITY

You are responsible for all activities that occur under your Account and for maintaining the confidentiality of your Account credentials[cite: 40]. You agree to notify us immediately of any unauthorized use of your account or any other breach of security[cite: 41]. You will be held accountable for any consequences arising from failure to secure your Account[cite: 42].

5.5. ACCOUNT TYPES

The Platform offers different types of Accounts:

  • Individual Accounts: for personal use by individuals accessing the Platform for their own analytics needs under the subscription Tiers[cite: 43].
  • Enterprise Accounts: for institutional clients with customized needs. Enterprise Accounts are subject to separate Enterprise Agreements and may have different account creation, management, and authentication processes than those described in Section 5.3[cite: 44].

The specific features and limitations of each Account type are detailed on our pricing page[cite: 45].

6. USER CONDUCT AND WARRANTIES

6.1. USER WARRANTIES

By using the Platform, You represent and warrant that:

  • You will comply with all applicable laws, regulations, and these Terms[cite: 46];
  • You will use the Platform for lawful purposes only[cite: 47];
  • You will respect the Intellectual Property Rights of the Company and third parties[cite: 48];
  • You will use the data and analytics provided through the Platform in a responsible manner[cite: 49]; and
  • All information you provide in connection with your registration and use of the Platform is true, accurate, and complete[cite: 50].

6.2. NON-COMMERCIAL USE LIMITATION

Free Tier and standard Subscription Tiers of the Platform are intended for personal, non-commercial use only[cite: 51]. If you intend to use the Services for business, commercial, or revenue-generating purposes, you must set up an Enterprise Solution and contact the Company or otherwise obtain written permission from the Company[cite: 52]. Commercial uses include but are not limited to:

  • using the Platform's data, analytics, insights, or any derivative information in any commercial products, services or offerings[cite: 53];
  • integrating, incorporating, or embedding the Platform's data, analytics, or visualizations into any professional tools, trading terminals, dashboards, or systems used in a commercial context or within an organization[cite: 54];
  • utilizing the Platform's data or analytics to develop, refine, or implement trading strategies, investment algorithms, or automated trading systems[cite: 55];
  • employing the Platform insights for internal business operations, decision-making processes, or strategic planning within an organization[cite: 57];
  • using the Platform's data to inform, develop, or support investment or professional advice, recommendations, or consultancy services, whether paid or unpaid[cite: 58];
  • incorporating Platform's insights, data, or analytics into any investment services, wealth management offerings, fund management, or portfolio management activities[cite: 59];
  • using the Platform to support trading or investment activities performed on behalf of a business entity, investment fund, or third-party clients[cite: 60];
  • sharing, distributing, or disseminating Platform data, analytics, or derived insights within a commercial organization, business entity, or professional network[cite: 61];
  • including Platform insights in research reports, market analyses, or other materials distributed to paying clients or used to solicit business[cite: 62];
  • using Platform data or analytics as a basis for providing commercial financial services, investment management, trading opportunities or any other professional services to others[cite: 63].

The Company reserves the right to determine, in its sole discretion, whether your use of the Platform constitutes commercial use[cite: 64].

6.3. PROHIBITED USES

You agree not to use the Platform or its Services for any purpose that is unlawful, prohibited by these Terms, or otherwise inconsistent with the intended use of the Platform[cite: 65]. Without limitation, you agree not to:

  1. use, or solicit others to use, the Platform or any of its Services for any unlawful purpose or in violation of any applicable laws or regulations[cite: 66];
  2. use the Platform to engage in market manipulation, fraud, or other illegal activities[cite: 67];
  3. attempt to gain unauthorized access to any part of the Platform, other User Accounts, or systems connected to the Platform, or interfere with the security of the Platform[cite: 68];
  4. redistribute, sell, lease, or otherwise commercially exploit the data or analytics provided through the Platform without our prior written permission or a subscription to an Enterprise Solution[cite: 69];
  5. use the Platform for any commercial purpose beyond the scope of personal use, unless expressly authorized by the Company[cite: 70];
  6. upload or transmit any viruses, malware, or other harmful or malicious code that could disrupt the functionality of the Platform or damage any User's access[cite: 71];
  7. engage in any activity that imposes an unreasonable or disproportionately large load on the Platform's infrastructure[cite: 72];
  8. use the Platform to develop a competing product or service[cite: 73];
  9. attempt to reverse-engineer, decompile, or otherwise extract the source code of the Platform or any related software[cite: 74].

Any violation of this clause may result in immediate suspension or termination of your Account, and, if necessary, legal action[cite: 75]. The Company reserves the right to investigate any suspected violations and cooperate with law enforcement authorities as necessary[cite: 76].

7. WEB SCRAPPING, AUTOMATED DATA COLLECTION, AND API USAGE

For Free Tier and Standard Subscription Users:

You are expressly prohibited from using, or attempting to use, any automated means, including but not limited to artificial intelligence (Al) tools, automated scripts, bots, scrapers, crawlers, or data mining tools, or similar technologies, to access, extract, collect, process, analyze, or monitor the Platform, or any data, content, or information from the Platform[cite: 77]. This includes but is not limited to using Al assistants, large language models, or other automated systems to interact with, query, or extract information from the Platform for any purpose, including but not limited to data mining, training Al models, competitive analysis, market research, or content reproduction[cite: 78].

For Pro Subscription and Enterprise Solution Users:

Pro Subscription Tier and Enterprise Solution subscribers are granted limited, non-exclusive access to the Platform's API in accordance with their subscription plan as detailed on our pricing page, subject to the following restrictions[cite: 80]:

  • API access may only be used in accordance with the API documentation and within the rate limits, data volume limitations, and other technical constraints specified for your Subscription Tier[cite: 81];
  • even with API access, You may not use any methods to circumvent API rate limits, access restrictions, or attempt to access data beyond what is explicitly permitted for your Subscription Tier[cite: 81];
  • You may not use the API or data obtained through the API in a way that would breach the present Terms[cite: 82];
  • Enterprise Solution subscribers may have additional rights and restrictions regarding API usage and data processing as specifically outlined in their Enterprise Agreement, which will govern in the event of any conflict with these Terms[cite: 83].

All API usage is subject to monitoring, and Dexu reserves the right to suspend or terminate API access if, in our sole discretion, we determine that your usage violates these Terms, exceeds reasonable use patterns, or poses a risk to the Platform's stability or security[cite: 84].

8. INTELLECTUAL PROPERTY RIGHTS

8.1. OWNERSHIP OF PLATFORM CONTENT

All content available on the Platform, including but not limited to its content, features, functionality, text, graphics, logos, icons, images, software, audio clips, video, and digital downloads, as well as the underlying code and technology (collectively, the "Platform Content"), is the exclusive property of the Company or its licensors and is protected by copyright, trademark, and other intellectual property laws[cite: 85].

8.2. LIMITED LICENSE

The Company grants Users a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform for your personal, non-commercial purposes, in accordance with these Terms[cite: 86]. This license if personal to You and may not be assigned, sublicensed, or otherwise transferred to any third party[cite: 87]. Any attempt to transfer this license shall be null and void[cite: 88].

8.3. PROHIBITED USE OF INTELLECTUAL PROPERTY

In particular, but without limitation, Users are not permitted to:

  • copy, modify, reproduce, distribute, display, perform, or create derivative works based on the Platform[cite: 89];
  • use the Platform for any commercial purpose unless you have an Enterprise Account[cite: 90];
  • decompile, reverse engineer, or attempt to extract the source code of the Platform[cite: 91];
  • remove or alter any copyright, trademark, or other proprietary notices[cite: 92];
  • use the Platform in a manner that exceeds the scope or breaches the terms of this license[cite: 93].

8.4. THIRD-PARTY INTELLECTUAL PROPERTY

The Platform may contain content or links to content that is the intellectual property of third parties[cite: 94]. All rights to such Third-Party content remain with the respective owners, and Users agree to comply with any terms governing the use of such content[cite: 95].

8.5. VIOLATION OF INTELLECTUAL PROPERTY RIGHTS

Any unauthorized use of the Platform's intellectual property or any Third-Party intellectual property may result in the suspension or termination of User access to the Platform, as well as potential legal action[cite: 96].

9. DATA AND PRIVACY

9.1. DATA USAGE

By using the Platform, you acknowledge that we collect, and process certain data as described in our Privacy Policy[cite: 98].

9.2. ANALYTICS DATA

THE DATA, ANALYTICS, METRICS, VISUALIZATIONS, INFORMATION, AND CONTENT PROVIDED THROUGH THE PLATFORM ("ANALYTICS DATA") ARE PROVIDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS FINANCIAL, INVESTMENT, LEGAL, TAX, OR ANY OTHER FORM OF PROFESSIONAL ADVICE[cite: 99].

  • NO GUARANTEE OF ACCURACY: WHILE WE STRIVE TO ENSURE THE ACCURACY[cite: 100]. RELIABILITY, AND QUALITY OF THE ANALYTICS DATA, WE EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, REGARDING ITS ACCURACY, COMPLETENESS, CORRECTNESS, RELIABILITY, TIMELINESS, OR SUITABILITY FOR ANY PARTICULAR PURPOSE[cite: 101].
  • NOT REAL-TIME INFORMATION: THE ANALYTICS DATA MAY BE DELAYED, INCOMPLETE, OR AGGREGATED FROM VARIOUS SOURCES[cite: 102]. WE DO NOT GUARANTEE THAT THE ANALYTICS DATA IS UPDATED IN REAL-TIME, AND THERE MAY BE SIGNIFICANT DELAYS BETWEEN MARKET EVENTS AND THEIR REFLECTION IN THE ANALYTICS DATA[cite: 103].
  • THIRD-PARTY SOURCES: MUCH OF THE ANALYTICS DATA IS OBTAINED FROM THIRD-PARTY SOURCES, AND WE MAKE NO REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF SUCH THIRD-PARTY DATA[cite: 104]. WE ARE NOT RESPONSIBLE FOR ANY ERRORS, OMISSIONS, OR INACCURACIES IN DATA PROVIDED BY THIRD PARTIES[cite: 105].
  • HISTORICAL DATA LIMITATIONS: HISTORICAL ANALYTICS DATA MAY BE SUBJECT TO REVISIONS, CORRECTIONS, OR RETROSPECTIVE ADJUSTMENTS WITHOUT NOTICE[cite: 106]. PAST PERFORMANCE INFORMATION SHOULD NOT BE RELIED UPON AS AN INDICATOR OF FUTURE RESULTS[cite: 107].
  • MARKET VOLATILITY: THE CRYPTOCURRENCY AND DIGITAL ASSET MARKETS ARE HIGHLY VOLATILE AND RAPIDLY CHANGING[cite: 108]. ANALYTICS DATA THAT WAS ACCURATE AT THE TIME OF PUBLICATION MAY QUICKLY BECOME OUTDATED DUE TO MARKET MOVEMENTS, REGULATORY CHANGES, OR OTHER FACTORS[cite: 109].
  • TECHNICAL LIMITATIONS: THE COLLECTION, PROCESSING, AND PRESENTATION OF ANALYTICS DATA IS SUBJECT TO TECHNICAL LIMITATIONS, INCLUDING POTENTIAL CALCULATION ERRORS, METHODOLOGY LIMITATIONS, DISPLAY ISSUES, OR OTHER TECHNICAL CONSTRAINTS[cite: 110].
  • NO INVESTMENT RECOMMENDATIONS: NOTHING IN THE ANALYTICS DATA CONSTITUTES A RECOMMENDATION, ENDORSEMENT, OR SOLICITATION TO BUY, SELL, OR HOLD ANY CRYPTOCURRENCY, TOKEN, OR DIGITAL ASSET[cite: 111]. ANY RELIANCE YOU PLACE ON THE ANALYTICS DATA IS STRICTLY AT YOUR OWN RISK[cite: 112].

BY USING THE PLATFORM AND ACCESSING THE ANALYTICS DATA, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR EVALUATING THE MERITS AND RISKS ASSOCIATED WITH THE USE OF ANY ANALYTICS DATA PROVIDED THROUGH THE PLATFORM, AND THAT YOU WILL NOT RELY SOLELY ON THE ANALYTICS DATA FOR MAKING ANY INVESTMENT OR FINANCIAL DECISIONS[cite: 113].

10. DISCLAIMER AND LIMITATIONS OF LIABILITY

10.1. SERVICES PROVIDED "AS IS" AND DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE"[cite: 114]. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY[cite: 115], FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITH RESPECT TO THE PLATFORM, ITS SERVICES, AND THE WEBSITE[cite: 116]. THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING THE RELIABILITY, TIMELINESS, QUALITY, ROBUSTNESS, SECURITY, SUITABILITY, OR AVAILABILITY OF THE PLATFORM, ITS SERVICES, OR THE WEBSITE[cite: 117]. THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DOES IT GUARANTEE THE QUALITY, ROBUSTNESS, SECURITY, OR SUITABILITY OF ANY SERVICES PERFORMED ON BEHALF OF OR FOR USERS[cite: 118]. YOU ACKNOWLEDGE THAT YOUR USE OF THE PLATFORM AND THE SERVICES IS AT YOUR SOLE RISK[cite: 119]. FURTHERMORE, YOU AGREE THAT NEITHER THE COMPANY NOR ITS AFFILIATES IS RESPONSIBLE FOR THE ACCURACY, FITNESS, APPROPRIATENESS, OR AVAILABILITY OF ANY CONTENT, INFORMATION, SERVICES OFFERED THROUGH THE PLATFORM[cite: 120]. ANY WARRANTY, CONDITION OR OTHER TERM ARISING OUT OF OR IN CONNECTION WITH THE SERVICES WHICH MIGHT OTHERWISE BE IMPLIED INTO OR INCORPORATED INTO THESE TERMS BY STATUTE, COMMON LAW, LAWS APPLICABLE IN THE COUNTRY WHERE THE SERVICES ARE USED OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY IMPLIED TERM AS TO QUALITY, FITNESS FOR PURPOSE, REASONABLE CARE AND SKILL) IS HEREBY EXPRESSLY EXCLUDED[cite: 121].

10.2. FINANCIAL INFORMATION AND INVESTMENT DISCLAIMER

THE PLATFORM IS STRICTLY AN INFORMATIONAL TOOL AND DOES NOT CONSTITUTE FINANCIAL, INVESTMENT, TAX, LEGAL, OR ACCOUNTING ADVICE[cite: 122]. THE COMPANY DOES NOT HOLD ANY LICENSE TO PROVIDE INVESTMENT ADVISORY SERVICES IN ANY JURISDICTION AND THE INFORMATION PROVIDED ON THE PLATFORM SHALL NOT BE VIEWED AS INVESTEMENT ADVICE[cite: 123]. CONSIDER THE FOLLOWING:

  • NO ADVISOR RELATIONSHIP: NO INFORMATION ON THE PLATFORM CREATES AN ADVISOR-CLIENT RELATIONSHIP BETWEEN THE COMPANY AND ANY USER[cite: 124];
  • INFORMATIONAL PURPOSE ONLY: ALL DATA, ANALYTICS, INSIGHTS, METRICS, CHARTS, PROJECTIONS, FORECASTS, AND OTHER CONTENT ARE STRICTLY FOR INFORMATIONAL AND EDUCATIONAL PURPOSES[cite: 125];
  • NO RECOMMENDATIONS: THE PLATFORM DOES NOT RECOMMEND, ENDORSE, OR SUGGEST ANY SPECIFIC INVESTMENT, TRADING STRATEGY, blockchain, CRYPTOCURRENCY, TOKEN, OR DIGITAL ASSET[cite: 126];
  • RISK ACKNOWLEDGMENT: CRYPTOCURRENCIES AND DIGITAL ASSETS INVOLVE SIGNIFICANT RISKS INCLUDING COMPLETE LOSS OF CAPITAL[cite: 127]. HISTORICAL PERFORMANCE SHOWN ON THE PLATFORM IS NOT INDICATIVE OF FUTURE RESULTS[cite: 128];
  • USER RESPONSIBILITY: ALL INVESTMENT AND TRADING DECISIONS MADE BASED ON INFORMATION FROM THE PLATFORM ARE SOLELY YOUR RESPONSIBILITY[cite: 129]. YOU ACKNOWLEDGE THAT YOU HAVE CONDUCTED YOUR OWN RESEARCH AND DUE DILIGENCE BEFORE MAKING ANY INVESTMENT DECISIONS[cite: 130];
  • PROFESSIONAL CONSULTATION: BEFORE ENGAGING IN ANY INVESTMENT ACTIVITY, YOU SHOULD CONSULT WITH QUALIFIED FINANCIAL, LEGAL, AND TAX PROFESSIONALS[cite: 131];
  • DATA ACCURACY: WHILE WE STRIVE FOR ACCURACY, WE CANNOT GUARANTEE THAT ALL DATA ON THE PLATFORM IS CURRENT, ACCURATE, OR COMPLETE AT ALL TIMES[cite: 132];
  • ALL OPINIONS EXPRESSED AND INFORMATION AND DATA PROVIDED THEREIN ARE SUBJECT TO CHANGE WITHOUT NOTICE[cite: 133]; AND
  • WE DO NOT UNDERTAKE ANY DUTY OR OBLIGATION TO UPDATE ANY CONTENT OR INFORMATION TO REFLECT CURRENT MARKET CONDITIONS OR OTHER CHANGES[cite: 134].

BY USING THE PLATFORM, YOU EXPLICITLY ACKNOWLEDGE AND ACCEPT THESE DISCLAIMERS[cite: 135].

10.3. DOWNTIME

Since many of the Services are web-based, they may be subject to temporary downtime[cite: 136]. From time to time, we may also update, maintain, or perform other actions that could result in the Platform or blockchain services being unavailable for a certain period of time[cite: 137]. We do not warrant that the Platform will operate uninterrupted or error-free[cite: 138]. We are not responsible for any damages or losses suffered as a result of any failure or interruption of the Platform, including the suspension of access to the Platform, suspension of your Account, or the inability to benefit from the Services due to downtime or technical issues[cite: 139]. This includes any direct or indirect damage resulting from interruptions in these Services[cite: 140].

10.4. LIMITATION OF LIABILITY AND PLATFORM RISKS

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES AND THE PLATFORM IS AT YOUR OWN RISK[cite: 141]. THIS DOES NOT APPLY IN THE EVENT OF GROSS NEGLIGENCE OR INTENT[cite: 142]. YOU ACKNOWLEDGE AND ACCEPT THE FOLLOWING INHERENT RISKS ASSOCIATED WITH YOUR USE OF THE PLATFORM, AND UNDERSTAND THAT SUCH RISKS ARE SPECIFICALLY INCLUDED WITHIN THE SCOPE OF THE LIABILITY LIMITATIONS SET FORTH HEREIN:

  • DATA TRANSMISSION RISKS: INTERRUPTIONS, DELAYS, FAILURES, OR INACCURACIES IN THE TRANSMISSION OR DELIVERY OF DATA BETWEEN THE PLATFORM AND YOUR DEVICE[cite: 143];
  • DATA ACCURACY RISKS: THE POSSIBILITY THAT DATA, ANALYTICS, OR OTHER INFORMATION PROVIDED THROUGH THE PLATFORM MAY CONTAIN ERRORS, OMISSIONS, OR INACCURACIES[cite: 144];
  • SOFTWARE RISKS: POTENTIAL VULNERABILITIES, BUGS, OR INCOMPATIBILITIES WHEN DATA IS UPLOADED, PROCESSED, OR DOWNLOADED THROUGH THE PLATFORM[cite: 145];
  • INTERNET TRANSMISSION RISKS: SECURITY VULNERABILITIES INHERENT IN INTERNET COMMUNICATIONS, INCLUDING POTENTIAL EXPOSURE TO VIRUSES, MALICIOUS CODE, UNAUTHORIZED ACCESS, OR DATA INTERCEPTION DURING TRANSMISSION[cite: 146];
  • BLOCKCHAIN AND WEB3 RISKS: INHERENT VOLATILITY, TECHNICAL LIMITATIONS, AND SECURITY VULNERABILITIES ASSOCIATED WITH BLOCKCHAIN NETWORKS, CRYPTOCURRENCIES, AND DECENTRALIZED SYSTEMS[cite: 147]; AND
  • SERVICE INTERRUPTION RISKS: POTENTIAL DOWNTIME, OUTAGES, OR SERVICE DEGRADATION DUE TO MAINTENANCE, TECHNICAL ISSUES, OR THIRD-PARTY DEPENDENCIES[cite: 148].

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO THE AFOREMENTIONED RISKS OR OTHERWISE, INCLUDING, INCLUDING, BUT NOT LIMITED TO: (1) YOUR INABILITY TO USE THE PLATFORM OR ACCESS THE SERVICES[cite: 149]; (II) THE LOSS, ALTERATION, OR CORRUPTION OF ANY DATA OR CONTENT[cite: 150]; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ACCOUNT, DATA, OR CONTENT[cite: 151]; (IV) ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE SERVICES; (V) UNEXPECTED DOWNTIME, SERVICE INTERRUPTIONS, OR ANY TECHNICAL ISSUES AFFECTING THE PLATFORM[cite: 152]; (VI) ANY INVESTMENT, TRADING, OR BUSINESS DECISIONS MADE IN RELIANCE ON THE PLATFORM[cite: 153]; OR (VII) ANY OTHER ISSUES OR DAMAGES RELATED TO YOUR USE OF THE PLATFORM OR SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES[cite: 154]. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY IRREVOCABLY RELEASE THE COMPANY (INCLUDING ITS AFFILIATES, AND EACH OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, PARTNERS, LICENSORS, AND SUPPLIERS) FROM ANY CLAIMS, DAMAGES, OR LIABILITIES OF ANY KIND, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, ARISING OUT OF OR RELATED TO: (I) YOUR USE OF, OR INTERACTION WITH, THE PLATFORM[cite: 155]; (II) THE SERVICES OR ANY RELIANCE ON INFORMATION PROVIDED THROUGH THE PLATFORM[cite: 156]; (III) ANY OF THE RISKS ENUMERATED ABOVE[cite: 157]; OR (IV) ANY TECHNICAL FAILURES OR LIMITATIONS OF THE PLATFORM[cite: 158]. YOU ASSUME FULL RESPONSIBILITY FOR ANY DECISIONS, RISKS, AND CONSEQUENCES ARISING FROM YOUR USE OF THE PLATFORM AND THE SERVICES[cite: 159]. YOU WARRANT THAT YOU WILL NOT HOLD THE COMPANY LIABLE FOR ANY LOSSES OR DAMAGES THAT RESULT FROM THESE DECISIONS OR RISKS, INCLUDING BUT NOT LIMITED TO FINANCIAL LOSSES, MISSED INVESTMENT OPPORTUNITIES, TRADING LOSSES, OR OTHER ECONOMIC CONSEQUENCES[cite: 160]. BY USING THE PLATFORM, YOU ACKNOWLEDGE AND UNDERSTAND THE INHERENT RISKS ASSOCIATED WITH WEB-BASED SERVICES AND BLOCKCHAIN TECHNOLOGY[cite: 161]. YOU EXPRESSLY ASSUME THESE RISKS AND AGREE NOT TO HOLD THE COMPANY LIABLE FOR ANY LOSSES OR DAMAGES RESULTING FROM SUCH RISKS OR FROM ANY OTHER COMMON RISKS RELATED TO THE USE OF WEB3 SYSTEMS, CRYPTOCURRENCY MARKETS, OR DECENTRALIZED TECHNOLOGIES[cite: 162].

10.5. MONETARY CAP ON LIABILITY

Notwithstanding anything to the contrary herein, to the extent that any liability cannot be excluded by law, the Company's total aggregate liability for any claims arising out of or relating to the use of the Platform or the Services, whether in contract, tort (including negligence), or otherwise, shall not exceed the total amount paid by You to Company, if any, for accessing the Services during the three (3) months immediately preceding the event giving rise to the liability[cite: 163].

10.6. FORCE MAJEURE

The Company shall not be liable for any failure or delay in performing its obligations under these Terms or for any loss, damage, or inconvenience suffered by the User due to circumstances beyond the Company's reasonable control[cite: 164]. Such circumstances include but are not limited to acts of war or threat of war[cite: 165]; riots, civil strife, or terrorist activity; industrial disputes, natural or nuclear disasters[cite: 166]; fire, airport closures, bad weather conditions, or interruption or failure of utility services, including lack of electricity[cite: 167]; acts of any local or national government, including the imposition of economic sanctions; cyber-terrorism, cyber-attacks, hacking, bugs[cite: 168]; nuclear disaster or explosion; epidemics or pandemics impacting employees responsible for carrying out the operation of the Services[cite: 169]; and instances where the ability to carry out the Services is materially and adversely affected, even though all reasonable precautions, due care, and alternative measures have been taken to mitigate such instances[cite: 170].

10.7. THIRD-PARTY CONTENT AND LINKS

The Company shall not be responsible for the actions, content, terms, policies, or performance of any Third-Party information providers, services or websites linked to or associated with the Platform[cite: 171]. The inclusion of links does not imply endorsement, and the Company disclaims any liability related to third-party content, advertisements, or agreements[cite: 172].

10.8. FILING OF CLAIMS

Any claims against the Company must be filed within thirty (30) days after the discovery of the alleged liability[cite: 173]. To initiate a claim, you must provide written notice to the Company outlining the nature and basis of the claim, including any supporting evidence, within the specified timeframe[cite: 174]. Failure to file within this period will result in the claim being time-barred, and you will be deemed to have waived your right to seek redress for the alleged liability[cite: 175].

11. INDEMNIFICATION

You agree to defend, indemnify, and hold the Company and its affiliates harmless from any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees and costs, arising from or related to:

  • your use of the Services[cite: 177];
  • your breach or alleged breach of these Terms;
  • your violation of any applicable laws, regulations, or orders of governmental or regulatory authorities[cite: 178]; and
  • any misrepresentations made by you.

You agree to cooperate fully with us in defending any claims[cite: 179]. We reserve the right to assume exclusive defense and control of any matter subject to indemnification by You, and You will not settle any claim without our prior written consent[cite: 180]. All costs of defense will be borne solely by You[cite: 181].

12. SUBSCRIPTION AND FEES

12.1. SUBSCRIPTION PLANS AND FEES

The specific terms, fees, and features of each subscription plan are described on our pricing page[cite: 183]. By subscribing to a paid plan, you acknowledge that certain features are exclusively available under specific subscription tiers[cite: 184].

12.2. ENTERPRISE AGREEMENTS

Enterprise Services are subject to custom pricing and terms as agreed upon directly between the Company and the enterprise client[cite: 185]. In the event of any conflict between these Terms and an Enterprise Agreement, the Enterprise Agreement shall govern with respect to Enterprise Services[cite: 185].

12.3. PAYMENT TERMS

By subscribing to a paid plan, You agree to pay all fees associated with your subscription[cite: 187]. You authorize us to charge the payment method You provide for all fees due[cite: 187]. Fees are non-refundable except as required by law or as explicitly stated in these Terms[cite: 188].

12.4. SUBSCRIPTION CHANGES

We reserve the right to modify our subscription plans, features, and fees at any time[cite: 189]. If we make a material change to your subscription plan, we will provide notice to You[cite: 190].

12.5. SUBSCRIPTION UPGRADES AND DOWNGRADES

You may upgrade your subscription to a higher tier at any time[cite: 192]. The upgraded service level will be available immediately upon successful processing of payment[cite: 192]. You may request to downgrade your subscription to a lower tier, but such downgrade will only take effect at the end of your current subscription term[cite: 193]. Your service will continue at the current tier until the end of the billing period, after which it will convert to the lower tier[cite: 194]. No partial refunds will be issued for the unused portion of your current subscription when downgrading[cite: 195]. All subscription payments are non-refundable. We do not provide refunds for partial subscription periods, unused services, or subscription downgrades[cite: 196]. For Enterprise Solutions, any changes, upgrades, downgrades, or termination of Services are governed exclusively by the terms specified in the applicable Enterprise Agreement rather than by this section[cite: 197].

12.6. USAGE LIMITATIONS

We may impose usage limitations on all service tiers[cite: 198]. These limitations will be communicated in the subscription plan details on our pricing page[cite: 199].

13. TERM AND TERMINATION

13.1. TERM

These Terms will remain in effect until terminated by You or by the Company.

13.2. TERMINATION BY You

You may terminate these Terms at any time by ceasing to use the Platform and, if applicable, canceling your subscription[cite: 200]. If you cancel your subscription, you will continue to have access to the subscribed Services until the end of your current billing period, and you remain responsible for all fees through the end of that billing period[cite: 201]. No refunds or credits will be provided for partial billing periods or unused Services, unless otherwise required by applicable law[cite: 202].

13.3. TERMINATION BY THE COMPANY

We may suspend or terminate your access to the Platform at any time and with immediate effect if we have knowledge of or reasonably believe that your use of the Services and/or Platform is in breach of applicable law or breach of one or more provisions of these Terms and Conditions[cite: 203]. The Company reserves the right to immediately terminate your access to the Platform, without prior notice, if You:

  • violate any of the prohibited activities listed in section 6.3[cite: 204];
  • use the Platform in a manner that could damage the Company's reputation or goodwill[cite: 205];
  • violate the web scraping and automated data collection prohibition in section 7;
  • breach the non-commercial use limitation in section 6.2[cite: 207];
  • fail to pay any fees or charges when due;
  • attempt to circumvent any security measures or access restrictions on the Platform[cite: 208];
  • violate any applicable laws or regulations in connection with your use of the Platform[cite: 209]; or
  • engage in any activity, that in our sole discretion, created a legal or regulatory risk for the Company[cite: 210].

Upon such termination, You will not be entitled to any refund of subscription fees already paid, and the Company reserves the right to refuse future access to the Platform[cite: 211].

13.4. EFFECT OF TERMINATION

Upon such termination, your right to access and use the Platform will cease immediately[cite: 212]. Any provisions of these Terms that by their nature should survive termination, including, without limitation, those relating to ownership of intellectual property, warranty disclaimers, limitations of liability, and dispute resolution provisions[cite: 213].

14. MODIFICATIONS TO THE TERMS OR PLATFORM

14.1. MODIFICATION TO THESE TERMS

The Company reserves the right to modify these Terms at any time, as it deems necessary or appropriate[cite: 214]. Continued use of the Platform after any changes constitutes acceptance of the revised Terms[cite: 215].

14.2. MODIFICATIONS TO THE PLATFORM

We reserve the right to modify, suspend, or discontinue the Platform or any part thereof at any time without notice or liability to You[cite: 216].

15. GENERAL PROVISIONS

15.1. ENTIRE AGREEMENT

These Terms and the Privacy Notice, as amended by the Company from time to time, constitute the entire agreement between the parties, superseding all prior agreements, representations, and understandings related to the subject matter[cite: 217].

15.2. SALVAGE CLAUSE

If a court or competent jurisdiction finds that any provision of these Terms is illegal, invalid or unenforceable, the other provisions shall remain in full force and effect[cite: 218].

15.3. SURVIVAL

The provisions related to ownership, proprietary rights, and any other clauses that, by their nature or context, are intended to survive termination will remain in effect even after the termination of these Terms, regardless of the reason for termination[cite: 219].

15.4. NO WAIVER

The Company's failure to enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole[cite: 220].

15.5. ASSIGNMENT

You shall not assign any of your rights and obligations under these Terms[cite: 221]. Any such attempt at assignment by You shall be void[cite: 222]. The Company may freely assign its rights, and obligations under these Terms without limitation[cite: 223].

15.6. ENGLISH VERSION

If there is an inconsistency between any of the provisions of this English language version and a translated version of these Terms and/or the Privacy Notice, the provisions of this English language version shall prevail[cite: 224]. Any translated versions shall be for convenience only[cite: 225].

16. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by the laws of Switzerland, to the exclusion of any rules of conflict of laws[cite: 226]. Any dispute regarding these Terms shall be subject to the exclusive jurisdiction of the Courts of Vaud State, Switzerland, subject to possible appeal to the Swiss Supreme Court (Tribunal fédéral)[cite: 227].

17. TERRITORIAL RESTRICTIONS

The information provided through the Service is not intended for distribution or use in any jurisdiction or country where such distribution or use would violate laws or regulations or would subject us to any registration requirements within that jurisdiction[cite: 228]. We reserve the right, at our sole discretion, to restrict the availability of the Service, or any part of it, to any person, geographic area, or jurisdiction at any time, and to limit the quantities of any content, program, product, service, or other features we offer[cite: 229].

18. CONTACT US

To ask questions or make comments on these Terms, please contact the Company through:

info@dexu.ai

ANNEX 1 - DEFINITIONS

For the purposes of these Terms, the capitalized terms shall have the following definitions:

Accountmeans the personal account created by a User when registering to get access to and subscribe to the premium features on the Platform[cite: 230].
Companymeans Dexu LLC a company duly registered in Switzerland [cite: 231].
Confidential Informationmeans information, idea, concept, material or any other Company's data, not yet entered into the public domain, whether it has been communicated orally or in writing, including but not limited to all information regarding the Company's business, concept or business model, all trade secret, all price lists and User's data[cite: 232].
Force majeure Event(s)means any event which is neither foreseeable nor objectively attributable to the Company or the User and which is objectively likely to delay the performance of obligations set out in these Terms, including but not limited to natural phenomena, government measures, acts of terrorism, demonstrations, fires, shortages, explosions, floods, epidemics, pandemics, quarantine, factory blockages, travel quarantines, satellite or telecommunication problems, Internet unavailability, strikes or other labor disputes (whether or not such disputes involve the Company's employees), accidents, plant breakdowns, impediments or delays by carriers, impossibility or delay in obtaining supplies or appropriate and necessary equipment, seizures, sequestrations or other measures taken by or on the order of an apparently competent authority and all other unpredictable events[cite: 233, 234].
Intellectual Property Right(s)means past, present and future copyrights, patents, registered designs, design rights, know-how or any other proprietary or industrial right, which includes, without limitation, any patents, trademarks, service marks, registered designs, database rights, know-how, trade secrets, Confidential Information, trade and business names and any other similar protected rights in any country, whether registered or unregistered, as well as applications for any of these rights[cite: 235].
Personal Datameans any information relating to an identified or identifiable natural or legal person, an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person[cite: 236].
Platformmeans the DEXU online platform where the Services are offered by the Company[cite: 237].
Privacy Noticemeans the Privacy Notice of the Company available at [link][cite: 238].
Service(s)means the services provided by the Company through the operation of the Platform that are (i) Web3 analytics services, as described at Section 4.3[cite: 239].
Third-Party(-ies)means any natural and/or legal person who is not the Company or an Affiliate[cite: 240].
User(s)means any natural person acting on his/her own behalf or any natural person acting on behalf of a legal person who makes use of the Platform which is available on the Website[cite: 241]. The User is also referred to as "You" or "you" as well as "your" or "Your"[cite: 241].
Websitemeans the website of the Company and through which the Platform is available[cite: 242]. The Website is available on this address: https://dexu.ai/overview[cite: 243].