Terms of Services
1. Who we are and how to contact us?
Our offering, which comprises our website available at http://www.exponentialscience.org and/or a mobile app and any supporting servers, software, or third-party integrations used to deliver our services is operated by Exponential Science Ltd (“we”, “our” or “us”). We are registered in Switzerland under company number XXXX and have our registered office at XXXX.
To contact us, please email: dataprotection@exponentialscience.org
2. By using our website, you accept these terms:
- By using our website, you confirm that you accept these terms of service and that you agree to comply with them. These terms of service (“Terms”) describe the terms under which we provide a user (“you”, “your” or “yourself”) access to and use of our website.
- If you do not agree to these Terms, you must not use our website..
- We recommend that you print a copy of these Terms for future reference.
3. There are other terms that may apply to you:
- These Terms refer to the following additional terms, which also apply to your use of our website
- Our Privacy Policy, which explains how we collect, use and store your personal data.
- Our Cookie Policy, which sets out information about the cookies on our website.
4. We may make changes to these Terms:
We amend these Terms from time to time. Every time you wish to use our website, please check these Terms to ensure you understand the terms that apply at that time. If you do not agree to be fully bound by all or any of these Terms, please cease from using the website immediately. Your continued use of the website shall be deemed acceptance of these Terms and any amendments by us.
5. We may make changes to our website:
We may update and change our website from time to time, to reflect changes to our products, our users' needs and our business priorities.
6. We may suspend or withdraw our website:
- We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
- You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these Terms and other applicable terms of service as mentioned hereinabove, and that they comply with them.
7. We may transfer this agreement to someone else:
We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Terms.
8. Our website is only for users in Switzerland:
Our website is directed to people residing in Switzerland. We do not represent that the content available on or through our website is appropriate for use or available in other locations.
9. User Accounts
- To access certain portions of the website, you may be required to create an account using a valid email address, and will be required to set a password (“Account”). By creating an Account and registering on the App as a user (“User”).
- When you create an Account, you represent and warrant that to us that:
- You possess the full capacity to enter into a legally binding contract, to accept these Terms;
- You have provided us with accurate, true and complete information about Yourself, as may be required under applicable law for your uninterrupted access to the website and as may be set out in these Terms of Use. You agree to update this information, as may be required and to maintain its accuracy;
- To the extent that you represent one or more businesses or franchises, that you are acting as their authorized representative, and that both you and the entity you represent will be bound by these Terms;
- Your usage of the website and any of our services is and will be in full compliance with applicable law and regulations for the time being in force, is not prohibited by any laws or regulations otherwise applicable to you, and is not for illegal or for any immoral purpose and that you are in compliance of all laws in relation to the reporting any trading activities or profits for taxation purposes; and
- Your usage of the website and/or our services does not infringe on the rights of any person, whether natural or legal, or any other User, and is not illegal.
10. You must keep your account details safe:
- If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
- We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
- If you know or suspect that anyone other than you know your user identification code or password, you must promptly notify us.
11. Right to suspend or terminate an Account:
- You agree that we reserve the right to suspend or terminate your access to your Account or any portion of the website, in the event that:
- We reasonably suspect that you are in breach of any of your obligations under these Terms;
- We reasonably suspect that you have committed any fraudulent or illegal activities, in breach of applicable law; or
- For any other reason that we feel necessary to ensure compliance with the laws and regulations applicable to it.
- You agree and acknowledge that you are solely and wholly responsible for obtaining and maintaining any hardware, facilities, connections, licenses, permits, database, equipment, external software or any other resources as may be required and/or necessary for your use of our services (such as a mobile device, internet connection and telecommunications). You agree that we will not be liable to bear any costs, expenses, losses or other damages which you may incur directly or indirectly, with respect to such hardware, facilities, connections, database, equipment or external software or any other resources as may be required, in connection with your use of our services and/or our website.
12. How you may use material on our website:
- The material on our website is produced using our proprietary software which analyses third party data to derive social media metrics about crypto-assets, equity stocks, gambling, and other financial products. We do not access data in unlawful manners or when it is strictly prohibited by legislation. We do not collect, store, analyse or process any personal data or sensitive information, unless required for the registration. Please refer to our Privacy Policy for information on how we collect and use your information.
- We are the owner or the licensee of all intellectual property rights in our website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved
- You acknowledge that our website has been developed, compiled, prepared, revised, selected, and arranged through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money, and constitutes valuable intellectual property. Nothing contained herein grants you any interest in any of our intellectual property, and the use or misuse of our intellectual property, except as expressly permitted herein, is prohibited.
- You may print, copy, and may download extracts, of any page(s) from our website for your personal use, and you may draw the attention of others within your organisation to content posted on our website.
- You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- Our status (and that of any identified contributors) as the authors of content on our website must always be acknowledged (except where the content is user-generated).
- You must not use any part of the content on our website for commercial purposes without obtaining a licence to do so from us or our licensors.
- If you print, copy, download, share or repost any part of our website in breach of these Terms, your right to use our website will cease immediately, and you must, at our option, return or destroy any copies of the materials you have made (except that you are permitted to print off a copy of these Terms).
- You must not copy: (a) manipulate or aggregate any content for the purpose of making it available to any third party; (b) trade, sell, rent, loan, lease or license any content, whether commercially or free of charge; (c) use or introduce to the our website any data mining, crawling, "scraping", robot or similar automated or data gathering or extraction method, or manually access, acquire, monitor or copy any portion of our website; (d) make excessive requests for information or take any action that interferes with, disrupts or imposes an undue burden on our website, or any server or network connected to our website or negatively affects the quality or availability of any content, or speed or functionality of our website.
13. Additional paid-for services:
- We may offer certain enhanced features which you can purchase as a subscription plan. The subscription plans can be modified over time at our sole discretion.
- The payment processing services at our website are provided by “Stripe” and/or other third parties, and are subject to their relevant terms of service. By agreeing to these Terms, you agree to be bound by such payment processing service provider’s terms, and as may be modified by such third party from time to time. In the event that there is a conflict between these Terms and the terms governing the payment mechanism specifically, such specific terms shall prevail over these Terms.
14. Terms of Subscription
- For purposes of clarity, a User may be charged the subscription fee (“Subscription Fee”) for the initial subscription term, which will be deemed to begin on the effective date that the User opts to use the relevant service (hereinafter, “Subscription Service”), and such term will expire at the end of the period selected during the subscription process (“Initial Subscription Term”). We will notify the User via email of the pending expiration of the Initial Subscription Term within 30 (thirty) days prior to the date of expiration of such term. Upon receipt of notification, the User may renew the Subscription Service for a further period (“Renewal Subscription Term”). The Renewal Subscription Term will be subject to the renewal pricing provided for in the User’s payment confirmation form. The Initial Subscription Term and any Renewal Subscription Term (collectively, the “Subscription Term”) will end on the expiration date of such term.
- You agree that, upon opting to use a Subscription Service and making payment of any Subscription Fee, such payments will be non-refundable. We will not refund any Subscription Fee in the event that you terminate or cancel your subscription at any time, prior to the expiry of the Subscription Term. All Subscription Fee are due and payable in advance throughout the Subscription Term. We may, in its sole discretion, exempt you from payment of any portion of the Subscription Fee and, in this instance, you will not be entitled to a refund of any credits or pre-payments which remain unused at the time of such exemption.
- We reserve the right to suspend your access to all or any part of the Subscription Service(s) with 2 (two) days’ advance notice of non-payment of any part of the Subscription Fee past its due date. If your access to the Subscription Service is suspended for non-payment of the Subscription Fee, we may charge you a re-activation fee to reinstate the Subscription Service(s).
- When You subscribe to a Subscription Service, you must provide us with complete and accurate contact information and credit card information (where applicable).
- As a User, you authorize us to:
- charge your credit card for the relevant portion of the Subscription Fee or any other charges payable at the beginning of the Initial Subscription Term, and each Renewal Subscription Term; and
- use a third party to process payments, and consent to the disclosure of Your payment information to such third-party service provider.
- No refunds of the Subscription Fees, cancellations, or changes to the Subscription Service will be allowed, unless otherwise agreed in writing by us.
- We shall only be liable to refund any part of the Subscription Fee to you, in the event that you suffers any loss, or damages resulting directly from the gross negligence or a fraudulent action on our part.
- In the event that a User disputes any payments or submits a claim to us for the recovery of any losses or damages incurred by them pursuant to paragraph 14.8 hereinabove, the User agrees and acknowledges that we shall only be liable to refund the amounts paid by such User for the Subscription Services and for no additional amounts.
15. No text or data mining, or web scraping:
- You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our website or any services provided via, or in relation to, our website for any purpose, including the development, training, fine-tuning or validation of AI systems or models. This includes using (or permitting, authorising or attempting the use of):
- Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of our website or any data, content, information or services accessed via the same.
- Any automated analytical technique aimed at analysing text and data in digital form to generate information or develop, train, fine-tune or validate AI systems or models which includes but is not limited to patterns, trends and correlations.
The provisions in this Clause should be treated as an express reservation of our rights in this regard.
- You shall not use, and we do not consent to the use of, our website, or any data published by, or contained in, or accessible via, our site or any services provided via, or in relation to, our website for the purposes of developing, training, fine-tuning or validating any AI system or model.
- This Clause will not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
- Our website, its content and any services provided in relation to the same is only targeted to, and intended for use by, individuals located in Switzerland (the “Permitted Territory”). By continuing to access, view or make use of our website and any related content and services, you hereby warrant and represent to us that you are located in the Permitted Territory.
16. Rules about linking to our site:
- You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
- You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- You must not establish a link to our website in any website that is not owned by you.
- Our website must not be framed on any other website, nor may you create a link to any part of our website other than the home page.
- We reserve the right to withdraw linking permission without notice.
- If you wish to link to or make any use of content on our website other than that set out above, please contact us.
17. Our trademarks are registered:
“ESF” and EXPONENTIAL SCIENCE FOUNDATION” are registered trademarks and you are not permitted to use it without our approval.
18. Do not rely on information on this site:
- The website has been provided to you “as-is” and the content on our website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our website.
- Although we make reasonable efforts to update the information on our website, we make no representations, warranties or guarantees, whether expressed or implied, that the content on our website is accurate, complete or up to date.
19. We are not responsible for websites we link to:
- Where our website contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
- We have no control over the contents of those websites or resources.
20. We are not responsible for viruses:
- We do not guarantee that our website will be secure or free from bugs or viruses.
- You are responsible for configuring your information technology, computer programs and platform to access our website. You should use your own virus protection software.
21. You must not introduce viruses:
You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful, or otherwise harmfully interacting with our website or any part of it. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website or any other equipment or network connected with our website. You must not interfere with, damage or disrupt any software used in the provision of our website or any equipment or network or software owned or used by any third party on which this website relies in any way. You must not attack our website via a denial-of-service attack or a distributed denial-of-service attack. In the event of such a breach, your right to use our website will cease immediately.
22. Our responsibility for loss or damage suffered by you:
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. However:
- We exclude all implied conditions, warranties, representations or other terms that may apply to our website or any content on it.
- We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our website; or
- use of or reliance on any content displayed on our website.
- In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
- We only provide our website for domestic and private use. You agree not to use our website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- We do not review the content on our website and decline any responsibility for inaccuracy, incompleteness or unreliability, and do not warrant or guarantee the accuracy, completeness, reliability or any other aspect of our website and any other content.
- In no event shall we (and our respective officers, directors, employees, members, agents, and affiliates) be liable for any direct, indirect, punitive, incidental, special, or consequential damages or damages for lost profits, arising out of, or in any way connected with, your access to our website or with the delay or inability to access, display, or use our website; or otherwise arising out of the access to our website whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if we have been advised of the possibility of such damages.
- Except to the extent prohibited under applicable law, you shall indemnify, defend and hold us harmless and its members, managers, directors, officers, employees, partners, consultants, contractors, service providers, agents, successors and assigns from and against any and all suits, actions, proceedings and claims by third parties (whether threatened or actual), and all losses, liabilities, damages, judgments, costs and expenses (including reasonable attorneys' fees) arising out of, relating to or in connection with: (i) your use (or misuse) of and access to our website; (ii) your violation of any of these terms; (iii) your violation of any applicable law, rule or regulation; (iv) any claim that any information provided by you to us in connection with our website, including the content and the data, caused damage to, infringed upon, misappropriated or otherwise violated the rights of any third party, including infringement, misappropriation or other violation of third-party intellectual property rights, or violation of any right of privacy or publicity; and/or (v) any dispute that you have with any third party relating to or in connection with our website. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses and in the conduct of such defense.
23. How we may use your personal information
We will only use your personal information as set out in our Privacy Policy.
24. Which country's laws apply to any disputes?
These terms of service, their subject matter and their formation, are governed by the laws applicable in Switzerland. We both agree that the courts of Switzerland will have exclusive jurisdiction in respect of any disputes arising out of, or in relation to these Terms.