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:

System Abuse:

Reverse Engineering and Modification:

Compliance with Laws:

Content Removal:

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:

 

Free Trial and Cancellation Policy:

Free Trial and Cancellation Policy

 

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:

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:

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:

Enforcement and Compliance:

 

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:

Legal Rights and Remedies:

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:

Content Disclaimer:

Service Limitations:

Risk and Liability Limitations:

Privacy and Security Notice:

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:

Tocon’s Rights in 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:

Restrictions on Arbitration

Exceptions to Arbitration

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

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

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:

  1. Response to Infringement Notification:
  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:

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.