Terms of Service

Last modified: Apr 15, 2024

PLEASE READ THESE TERMS OF SERVICE (“AGREEMENT” OR “TERMS OF SERVICE”) CAREFULLY BEFORE USING THE SERVICES PROVIDED BY TOCON, INC. (“TOCON”).** This Agreement is legally binding between you (“End User” or “you”) and Tocon, Inc. (“Tocon”). The Tocon “Services” encompass Tocon’s website (Tocon.io), domain name, and its services, content, applications, and features, including any protocols and components thereof, which may exist now or in the future and which it may offer from time to time.

Acceptance of Terms

The Services are available to you conditioned upon your acceptance of this Agreement without modification. This includes all other operating rules, policies, and procedures that may be published from time to time on the Services.

BY CLICKING THE ‘AGREE’ BUTTON, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS; (D) CONFIRM THAT ALL REGISTRATION INFORMATION YOU SUBMIT IS ACCURATE AND TRUTHFUL. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.

Additional terms and conditions may apply to certain Services, and those additional terms become part of your agreement with us if you use those Services.

Please note that Tocon reserves the right, at its sole discretion, to refuse to offer the Services to any person or entity and to change its eligibility criteria at any time.

Changes and Updates

Tocon reserves the right at any time to modify or replace any part of this Agreement, change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content). We will notify you of such changes via email or through in-app notifications. These changes will be effective immediately for new users and upon the expiry of thirty (30) days after notification for existing users unless otherwise stated.

You are encouraged to periodically review the Terms of Service and stay informed of any changes. Your continued use of the Services after any change in these terms implies your acceptance of such changes.

Privacy and Data Protection

Your privacy is critically important to us. The terms governing the collection, use, and protection of your personal data are detailed in our [Privacy Policy], which is incorporated by reference into this Agreement. We encourage you to review the Privacy Policy carefully to understand how we handle your personal information.

Should you have any questions or concerns regarding your privacy or wish to report a privacy-related issue, please contact us directly at [email protected].

Intellectual Property Rights

By using the Services, you acknowledge that Tocon, Inc. retains all rights, titles, and interests in and to the Services, including but not limited to the API, all underlying software, technology, and any intellectual property rights involved. “Intellectual Property Rights” include rights under patent, copyright, trade secret, trademark laws, unfair competition laws, and all other proprietary rights globally, along with any renewals, extensions, and restorations of such rights.

You are granted a limited, non-exclusive, non-transferable license to use the Services as provided under this Agreement. Unless explicitly agreed in writing by Tocon, all rights not expressly granted are reserved. This Agreement does not grant you any rights to use Tocon’s trade names, trademarks, service marks, logos, domain names, or any other distinctive brand features without our prior written permission.

Rules and Conduct

As a user of the Tocon Services, you are expected to use the Services responsibly and lawfully. Engaging with our Services means you agree not to use them for any unlawful or prohibited activities under this Agreement or under applicable laws. You are fully responsible for all your activities related to the Services.

The term “Content” within the Services includes all forms of media and information, such as advertisements, advice, videos, text, and interactive features, made available by Tocon or its partners.

Prohibited Activities:

You agree not to engage in the following activities:

• Violating any intellectual property rights of others;
• Engaging in any activity that is illegal, harmful, or offensive to others;
• Sending or distributing unsolicited advertisements or spam;
• Introducing viruses or harmful software into the Services;
• Impersonating Tocon staff or other individuals;
• Overloading Tocon’s infrastructure in any manner that disrupts the Services;
• Interfering with the operational integrity of the Services or any user’s enjoyment of them;
• Circumventing any access restrictions placed on the Services;
• Using any tools or scripts to scrape or index the Services without permission.

System Abuse:

• You shall not take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Tocon’s infrastructure.
• You shall not interfere with or attempt to interfere with the proper working of the Services, including any activities conducted on the Services.
• You shall not bypass any measures Tocon may use to prevent or restrict access to the Services or other accounts, computer systems, or networks connected to the Services.
• You shall not use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Services.

Reverse Engineering and Modification:

• You shall not decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, except to the extent that applicable laws specifically prohibit such restrictions.
• You shall not modify any part of the Services without our prior written consent.

Compliance with Laws:

• You shall abide by all applicable local, state, national, and international laws and regulations in using the Services.

Content Removal:

• Tocon reserves the right to remove any Content from the Services at any time, for any reason, including but not limited to, receipt of claims or allegations from third parties or authorities relating to such Content, or if Tocon is concerned that you may have violated this Agreement, or for no reason at all.

Account Registration and Responsibility

To access certain features of the Services, you must register for a Tocon account. During registration, you will be asked to provide certain personal information, and you must ensure this information is accurate and up-to-date.

Responsibilities

Account Security: You are responsible for maintaining the confidentiality of your account details and for all activities that occur under your account. You agree to immediately notify Tocon of any unauthorized use of your account or any other breach of security.
Prohibition on Account Sharing: You may not use another person’s account at any time without the express permission of the account holder.

Fees and Payment for Services

Tocon offers certain services and features which may require payment. We reserve the right to charge fees for these services at any time in the future, and this may apply to services that are currently available for free.

Payment Obligations:

 

• Subscription Fees: If you choose to subscribe to any paid features or components of the Services, you are responsible for paying all fees associated with those services, as detailed on the Tocon website or through the Services interface.
• Changes to Fees: Tocon may modify pricing for any part of the Services and introduce new charges at any time. Any changes to our pricing or payment terms shall be effective ten (10) days after we post such changes on the website or send you an email notification.

Free Trial and Cancellation Policy:

Free Trial and Cancellation Policy

• Free Trial: We offer a free trial with limited access up to 1000 authentications per month. This allows you to evaluate our services without cost unless the limit is exceeded, at which point you will need to upgrade to a paid subscription.
• Cancellation: You may cancel your subscription at any time through your account settings. Your subscription will remain active until the end of the current billing cycle, allowing continued access until then. For concerns or dissatisfaction, contact us at [email protected].

 

Acceptance of Changes:

Your continued use of the Services after changes in fees or payment terms are posted or emailed to you will constitute your agreement to such changes.

Third-Party Sites and Resources

Our Services may provide links to other websites, services, and resources on the Internet, which are not under Tocon’s control. When you access these third-party sites, you do so at your own risk. Tocon is not responsible for the reliability or accuracy of the content, products, or services provided on or through these external sites.

Disclaimer:

• No Endorsement: The inclusion of links within our Services does not constitute an endorsement, guarantee, warranty, or recommendation of such third-party sites by Tocon. We do not have control over the legal documents and privacy practices of third-party websites; therefore, you access any such websites at your own risk.
• Limitation of Liability: Tocon is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Blockchain Transactions and Interactions with Third Parties

Tocon reserves the right to refuse or cancel any blockchain-based digital currency transactions in compliance with legal requirements, court orders, subpoenas, or government directives and to enforce transaction limits. Once a digital currency transaction is executed on the blockchain, it cannot be reversed by Tocon.

Third-Party Risks:

• Autonomy of Blockchain: Understand that your interaction with any blockchain technology or digital currency is conducted at your sole risk. Tocon does not have the capability to alter or reverse any blockchain transactions.
• Transactions with Third Parties: Tocon does not oversee or guarantee the delivery, quality, safety, legality, or any other aspect of goods or services that you may purchase or sell to other parties through the Services. We are not liable for the completion of transactions or the verification of any party’s authority to enter into transactions. If you encounter any issues with transactions or disputes with third parties, these should be resolved directly with the involved parties.
• Reporting Issues: If you believe a third party has engaged in fraudulent, misleading, or inappropriate behavior, or if a dispute cannot be resolved, you may contact Tocon Support at [email protected]. We may consider taking action, but any intervention will be at our sole discretion.

Disclaimer of Liability: Your interactions with any third-party services, products, or technologies, including blockchain, are entirely at your own risk. Tocon is not liable for any potential damages or losses arising from such interactions.

Intellectual Property Rights in Tocon Services and Content

The Services include various forms of content provided by Tocon, Inc., and by authorized third parties. This content, including but not limited to text, graphics, logos, images, music, software, and other materials, is protected by international copyright and trademark laws, patents, trade secrets, or other proprietary rights.

User Responsibilities:

• Respect for Intellectual Property: You must respect all copyright notices, trademarks, and other proprietary rights associated with the Services. Unauthorized use, sale, modification, distribution, copying, reproduction, transmission, public display, public performance, publication, adaptation, editing, or creation of derivative works of any such content is strictly prohibited unless specifically authorized through a written agreement with Tocon or the respective rights holder.
• Prohibited Uses: You are expressly prohibited from using any content from the Services in any manner that infringes upon the intellectual property rights of Tocon or any third party. This includes any form of replication or incorporation of such content into other works without explicit permission.

Enforcement and Compliance:

 

• Monitoring and Enforcement: Tocon reserves the right to monitor and enforce these intellectual property provisions at its discretion. This includes removing access to content or terminating accounts of users who infringe or violate intellectual property rights.

Termination of Services

Tocon reserves the right to terminate your access to all or any part of the Services at any time, for any reason, with or without prior notice. Such termination may lead to the forfeiture and destruction of all information associated with your account. If you decide to terminate your account, you may follow the designated instructions on the Site or through the Services.

Consequences of Termination:

• Non-refundable Fees: Any fees paid prior to your termination are non-refundable, except as specifically provided by law or in the terms of a specific service offering.
• Survival of Terms: Certain provisions of this Agreement, by their nature, shall survive the termination, including ownership rights, warranty disclaimers, indemnity, and limitations of liability.
• Ceasing Use: Upon termination, you must immediately cease all use of the Services and delete any downloaded or stored Content unless expressly permitted to retain copies under a separate agreement.

Legal Rights and Remedies:

• Continuation of Rights: Termination of your access to the Services does not limit any of Tocon’s other rights or remedies at law or in equity.

Disclaimer of Warranties

Tocon provides the Services, including all content and functionalities available through the Services, on an “as is” and “as available” basis without any warranties of any kind, either express or implied. Tocon expressly disclaims all warranties, including but not limited to warranties of title, merchantability, non-infringement, and fitness for a particular purpose.

General Release and Waiver:

• No Fiduciary Duties: Tocon has no special relationship with or fiduciary duty to you. By using the Services, you release Tocon and its directors, employees, agents, and successors from any claims, demands, losses, damages, rights, and actions of any kind, including those arising from or related to any content you obtain (or fail to obtain) through the Services.
• California Waiver: If you are a California resident, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

Content Disclaimer:

• Tocon makes no representations concerning any content contained in or accessed through the Services, nor will it be responsible for the accuracy, copyright compliance, legality, or decency of material accessed through the Services.

Service Limitations:

• Tocon does not guarantee that the Services will be secure, uninterrupted, or error-free, that defects will be corrected, or that the Services or the servers that make them available are free of viruses or other harmful components. Furthermore, Tocon does not warrant or make any representations regarding the use or the results of the use of the Services in terms of their correctness, accuracy, reliability, or otherwise.

Risk and Liability Limitations:

• Your use of and access to the Services is solely at your own risk. Tocon will not be liable for any damages you may suffer from your use of or inability to use the Services. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you. However, the disclaimers and limitations set forth herein shall be enforced to the maximum extent permitted under applicable law.

Privacy and Security Notice:

• Under the Electronic Communications Privacy Act (18 USC 2701-2711), Tocon makes no guarantee of confidentiality or privacy of any communication transmitted through the Services. Tocon will not be liable for the privacy of the data exchanged by users on or through the Services.

Indemnification Obligations

You agree to defend, indemnify, and hold harmless Tocon, its affiliates, and their respective employees, contractors, directors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, arising from or related to:

• Your use or misuse of the Services, the Site, or any Content accessed through them.
• Any violation of this Agreement by you.
• Any infringement or misappropriation of any intellectual property or other rights of any person or entity by you, or by any third party using your account.

Tocon’s Rights in Defense:

• Tocon reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify Tocon. You agree to cooperate with Tocon in asserting any available defenses. This may include providing assistance in legal processes and sharing necessary documentation related to the defense.

Limitation of Liability

IN NO EVENT SHALL TOCON, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY CONTENT OR ANY ASPECTS ASSOCIATED WITH THE SITES) (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR YOUR RELIANCE ON THE SERVICES OR (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE GREATER OF (A) THE FEES PAID BY YOU TO TOCON HEREUNDER WITHIN THE 12 MONTHS PRIOR TO THE ACCRUAL OF THE CLAIM AND (B) ONE-HUNDRED U.S. DOLLARS ($100.00). YOU HEREBY AGREE THAT YOU FULLY UNDERSTAND THE IMPLICATIONS OF THESE CLAUSES (WHICH LIMIT TOCON’S LIABILITY AND YOUR REMEDIES) AND THAT THE EXCLUSIONS AND LIMITATION OF LIABILITY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

Jurisdiction and Compliance with Local Laws

Tocon’s Services are managed from Israel and are accessible internationally. While we strive to ensure our Services comply with legal requirements worldwide, we make no representation that accessing or using the Services is appropriate or legal in every jurisdiction. Content and Services are primarily governed by the substantive laws of Israel without regard to its conflict of laws principles.

If you access the Services from outside Israel, you do so on your own initiative and are responsible for compliance with local laws.

Dispute Resolution

Informal Negotiations

To minimize costs and expedite the resolution of disputes, controversies, or claims related to these Terms of Service (collectively, “Disputes”), both parties agree to first attempt to resolve any Dispute through informal negotiations. Such negotiations will begin upon receipt of written notice from one party to the other and will continue for at least thirty (30) days.

Binding Arbitration

Should informal negotiations fail to resolve a Dispute, it shall be referred to and finally resolved by binding arbitration. The arbitration will be conducted by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146), following the Rules of the ICAC, which are deemed incorporated into this clause. The arbitration will:

• Consist of four arbitrators.
• Take place in Tel Aviv, Israel.
• Be conducted in English.
• Be governed by the substantive laws of Israel.

Restrictions on Arbitration

• Arbitration will be conducted on an individual basis. There will be no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures.
• Disputes will not be brought in a representative capacity on behalf of the public or other persons.

Exceptions to Arbitration

The following Disputes are not subject to the above provisions concerning informal negotiations and arbitration:

• Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a party.
• Disputes related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use.
• Claims for injunctive relief.

Legal Proceedings

If the arbitration provision is found to be illegal or unenforceable, the Dispute will be resolved in a court of competent jurisdiction within the courts listed for jurisdiction above, and the parties agree to submit to the personal jurisdiction of that court.

Miscellaneous Provisions

Entire Agreement

These Legal Terms, together with any policies or operating rules posted by us on the Services, constitute the entire agreement and understanding between you and Tocon. They supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Legal Terms).

Waiver and Severability

• Waiver: Our failure to exercise or enforce any right or provision of these Legal Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Legal Terms will be effective only if in writing and signed by Tocon.
• Severability: If any provision of these Legal Terms is deemed unlawful, void, or unenforceable, that provision shall be deemed severable from these Legal Terms and shall not affect the validity and enforceability of any remaining provisions.

Assignment

Tocon may assign or delegate these Legal Terms and/or Tocon’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Legal Terms or Privacy Policy without Tocon’s prior written consent, and any unauthorized assignment and delegation by you is void.

Force Majeure

Tocon shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Tocon’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation (including “line-noise” interference), acts of God, natural disasters, pandemics, acts of war or terrorism, riots, or other major upheaval.

Agency, Partnership, Employment

No joint venture, partnership, employment, or agency relationship exists between you and Tocon as a result of these Legal Terms or your use of the Services.

No Contra Proferentem

You agree that these Legal Terms will not be construed against us by virtue of having drafted them. Furthermore, you waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack or absence of a signature by the parties hereunto to execute these Legal Terms.

Trademark and Copyright Notices

Trademark Information

All content associated with the Tocon website and services, unless otherwise indicated, is protected under copyright laws as property of Tocon, Inc. All rights reserved. The names of actual companies, products, and services mentioned on the Tocon site may be the trademarks of their respective owners.

Copyright Infringement Procedures

1. Reporting Infringements:

If you believe any content accessible through the Tocon website infringes upon a copyright, please contact our Designated Agent with:

• A physical or electronic signature of the person authorized to act on behalf of the copyright owner.
• A detailed identification of the copyrighted work that you claim has been infringed.
• A description of where the alleged infringing material is located on our site, with enough detail to enable Tocon to locate the material.
• Your contact information, including address, telephone number, and, if available, email.
• A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

1. Response to Infringement Notification:

• Upon receiving a proper infringement notification, Tocon’s policy is to:
• Remove or disable access to the infringing content.
• Notify the content provider or user that the content has been removed or access has been disabled.
• Terminate repeat offenders’ access to the service.

1. Counter-Notice Procedure:

If a content provider, member, or user believes that content removed or to which access was disabled is not infringing, or that they have the right to post and use the content, they can submit a counter-notice containing:

• Their signature.
• Identification of the content that has been removed or disabled and where it appeared before its removal.
• A statement under penalty of perjury that they have a good faith belief that the content was removed or disabled as a result of a mistake or misidentification.
• Their name, address, telephone number, and a statement that they consent to the jurisdiction of the federal court in their district, or if outside the U.S., to a federal court in the district where Tocon is located, agreeing to accept service of process from the person who provided the original infringement notification.

If a counter-notice is received, Tocon may send a copy to the original complaining party, informing them that the removed content may be replaced or access restored in 10 to 14 business days unless the copyright owner files a court action.