Last updated: March 3, 2022
These Beta Testing Terms & Conditions ("Testing Terms ") apply to your access to or use of CyberX ONE Beta Version (the "Beta Product") located athttps://www.cyberx.com (the "Site"), which is operated by Cipher ONE Technology Limited ("we", "our", "us", or " CyberX"). The Beta Product is an integrated one-stop technical service provided by CyberX that enables you to monitor and manage your cryptocurrency portfolio maintained with designated exchanges. To make these Terms easier to read, the Site and associated services are collectively called the "Services".
Beta Product. From time to time, we may test CyberX Products and make them available to you under these Testing Terms. For purposes of these Testing Terms, CyberX Products include CyberX ONE Website ( https://www.cyberx.com ), software, features, services, APIs, and other products designed and developed for businesses (as we make them available to you under these Testing Terms, a "Beta Product"). We may change, update or discontinue all or any part of the Beta Product, at any time and without notice, at our sole discretion.
Payment; Fees. CyberX reserves the right to charge fees for use and access to the Beta Product or future versions of the CyberX Product or may provide Services for no charge. CyberX reserves the right to start charging or revise fee amounts at any time, at its sole discretion, under this Terms or after the Beta Product is made widely available and incorporated into a CyberX service. We will notify you in advance of such changes becoming effective. Changes to the pricing terms will not apply retroactively and will only apply for subscription renewals after such changed pricing terms have been communicated to you. If you do not agree with the changes to the pricing terms then you may choose to terminate your Account with us in accordance with the Section 16.
Changes to these Terms or the Services. These Terms contain terms, conditions, covenants and provisions upon which you may access and use the Site and all content, including but not limited to, text, images, software, graphics, data, messages, photographs, trademarks, logos or any other information (collectively, the "Content") displayed and/or otherwise contained on the Site. We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site, and/or may also send other communications. If you continue to use the Services after we have posted updated Terms, it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Who May Use the Services ? You may use the Services only if you are 18 years or older and capable of forming a binding contract with us under the applicable laws of your jurisdiction, and not otherwise barred from using the Services under applicable laws.
Limited Use Rights. CyberX grants you a personal, revocable, non-exclusive, non-transferable, limited license to access and use the Site and the Content conditioned upon your compliance with these Terms. The Site and the Content contained herein may be used solely for your personal use and for informational purpose. You may not license, sublicense, transfer, sell, resell, publish, reproduce and/or otherwise redistribute the Site, including the Content or any component thereof in any manner. You may not use the Site or any Content contained therein, in whole or in part in any manner that either competes or is intended to compete with CyberX or its affiliates, including without limitation, any distribution of any Content or a derivative work based thereon. You may not use the Site for any illegal purpose or in any manner inconsistent with these Terms. CyberX may discontinue or change the Site and any Content contained therein, or their availability to you, at any time without notice. CyberX is not under any obligation to update any Content following publication on the Site. These Terms will survive any such discontinuation.
Use of the Beta Product. For the term of the Agreement, CyberX ONE grants to users a limited, non-transferable, non-exclusive, revocable right to access and use the Beta Product in connection with a registered CyberX User Account to test its functionality and provide Feedback to CyberX. CyberX hosts and retains physical control over the Beta Product and only makes the Beta Product available for access and use by users over the Internet through a Web-browser or mobile device. Nothing in this Agreement obligates CyberX to deliver or make available any copies of computer programs or code from the Beta Product to user, whether in object code or source code form. CyberX reserves the right, in its sole discretion, to revoke access and use of the Beta Product at any time.
Information provided by you. As part of access to portions of the Site, you may be required to provide certain information, such as, your name, email address, jurisdiction. You also need to have existing account(s) opened and maintained with designated cryptocurrency exchanges in order to use the Services. You represent and warrant that any information you provide to CyberX in connection with the Site shall be true, accurate and complete. You further agree to keep any passwords/user IDs in connection with the Site in strict confidence and promptly advise CyberX of any actual or threatened unauthorized disclosure or misuse of the Site or any passwords/user IDs with respect to the Site that come to your attention. You shall cooperate with CyberX in enforcing the restrictions and limitations set forth herein.
Feedback. Upon reasonable request by CyberX, you agree to provide suggestions, enhancement requests, and recommendations (individually and collectively, "Feedback") regarding the Beta Product. Feedback shall include informing CyberX about the performance, ease of use, features that may be missing, and any bugs encountered during the use of the Beta Product. CyberX may contact you and you agree to make available a reasonable amount of time to discuss the Beta Product with CyberX if so requested. CyberX may without restriction or fee use, modify and incorporate this Feedback into the Beta Product and other CyberX products and/or services without any restriction and without any payment.
CyberX Intellectual Property Rights. All proprietary rights (including, but not limited to, copyrights, trade secrets, database rights, trademark rights, rights to trade names, service marks and other product and service names and logos) contained within the Site and any and all Content, including any associated processes or any derivative works, are and shall remain the sole and exclusive property of CyberX. All rights reserved by CyberX. The Site and any and all Content contained herein is protected by copyright in addition to other intellectual property laws. Any of the trademarks, service marks or logos (collectively, the "Marks") displayed on the Site may be registered or unregistered marks of CyberX or others. Nothing contained on the Site shall be construed as granting any license or right to use any of the Marks displayed on the Site absent the express written permission of CyberX or a third party owner of such Marks. You agree to honor all reasonable requests by CyberX or its suppliers to protect and preserve their respective proprietary interests in the Site and any and all Content contained therein. The Site and the Content are compiled, prepared, revised, selected and arranged by CyberX through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money, and each Site and any and all Content constitute valuable intellectual property of CyberX. Copying of, use of, access to or distribution of the Site or any Content contained therein in breach of these Terms may cause CyberX irreparable loss that cannot be adequately compensated for by means of monetary damages. Any breach hereof by you may be enforced by CyberX by means of equitable relief (including, but not limited to, injunctive relief) in addition to any other available rights and remedies. Any actual or attempted illegal or unauthorized uses of the Site, the Marks or any Content are strictly prohibited and may result in criminal and/or civil prosecution.
General Prohibitions. You agree not to do any of the following:
Service Restrictions. CyberX does not in any manner warrant or represent that the materials on the Site, including any Content contained therein, are appropriate or available for use in any particular location or jurisdiction. Due to compliance and regulatory requirements by applicable laws, we may not offer the Services or made the Site accessible by users in certain jurisdictions (see List of Restricted Jurisdictions). If you choose to access the Site including any Content therein, you do so on your own initiative and you are responsible for compliance with all applicable laws.
Suspension of Services. CyberX may immediately suspend you or one of its users’ access to and use of the Beta Product if the user is in breach of the Sections 8, 9 and 12, provided that the suspension will continue only for as long as reasonably necessary for user to remedy the breach.
Termination. We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may de-register your account at any time by sending us an email at [email protected]. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 6, 7, 8, 9, 11, 12, 16, 17 and 18.
Disclaimer and Limitation of Liability.
Applicable Law and Dispute Resolution. These Terms, your rights and obligations, and all actions contemplated by these Terms shall be governed by the laws of the British Virgin Islands ("BVI").
Additional legal terms. To the fullest extent permitted by applicable laws, you shall indemnify, hold harmless and defend CyberX from and against any and all costs, claims, damages or liabilities (including reasonable attorneys’ fees and court costs) arising out of any breach by you. These Terms are personal to you, and you may not assign your rights or obligations to anyone. The failure of CyberX to insist upon strict compliance with any term of these Terms shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. If any term or condition hereof is found by a court, administrative agency or jurisdiction to be invalid or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant term shall be deemed deleted and the remaining terms and conditions hereof shall remain in full force and effect and shall be enforceable to the maximum extent permitted by applicable laws.
Notices. Any official notices or other communications by CyberX under these Terms will be given to you: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
Contact us. If you have any questions or concerns about these Terms, please contact us at [email protected].
Due to compliance and regulatory requirements, CyberX currently does not offer the Services to users in the following jurisdictions:
Asia: Mainland China, North Korea, Cambodia, Myanmar, Pakistan, Laos, Iran, Iraq, Afghanistan
Americas: United States, American Samoa, U.S. Virgin Islands, Guam, Haiti, Panama, Venezuela, Trinidad and Tobago, Puerto Rico, Northern Mariana Islands, Barbados, Jamaica
Africa: Botswana, Burundi, Congo (Kinshasa), Ghana, Guinea-Bissau, Kenya, Libya, Syria, Lebanon, Mozambique, Nicaragua, Sierra Leone, Somalia, South Sudan, Sudan, Yemen, Zimbabwe, Uganda, Nigeria, Mauritania, Mali, Madagascar, Mauritius, Maldives Islands, Angola
Other: Albania, Russia