CRYPDATES

AGREEMENT BETWEEN USER AND NITESH AGARWAL

The CrypDates mobile application and website (collectively the “CrypDates Properties”) are owned and operated by Nitesh Agarwal. (the “Developer”). The CrypDates Properties offer cryptocurrency portfolio management,price alerts, arbitrage opportunies with easy to use tools to keep track of cryptocurrency investments. The CrypDates Properties also offer market data on cryptocurrencies, latest cryptocurrency news updates, and additional information related to cryptocurrencies. Use of the CrypDates Properties is offered to you (“you” or “User”), conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms" or "Agreement"). Your use of the CrypDates Properties constitutes your agreement to all such Terms. Please read this Agreement carefully.

PRIVACY

Your use of the CrypDates Properties is subject to Application privacy policy. Please review the Application privacy policy, which also governs the CrypDates Properties and informs Users of the data collection practices.

YOUR PORTFOLIO(S)

If you use the CrypDates Properties, you are responsible for maintaining the confidentiality of your portfolio(s) on the CrypDates Properties and restricting access to your mobile device and computer. You further agree to accept responsibility for all activities that occur in connection with your portfolio(s). We reserve the right to refuse or terminate your portfolio(s), or remove content on the CrypDates Properties at its sole discretion.

YOUR ACCOUNT

If you choose to register for an account, you are responsible for maintaining the confidentiality of your account and password and restricting access to your mobile device and computer. You further agree to accept responsibility for all activities that occur using your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Developer is not responsible for third party access to your account that results from theft or misappropriation of your account. We reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at its sole discretion. We reserves the right to disallow a username that it believes impersonates someone else, is or may be illegal, protected by trademark or other proprietary rights law, is vulgar or offensive, or for any other reason. If you choose not to register for an account, you acknowledge that your portfolio(s), price alerts, your favorites and all other data is connected to your specific mobile device. Use of the CrypDates Properties with any new device will require you to enter the data again.

LINKS TO THIRD PARTY SITES

The CrypDates Properties may contain links to other websites ("Linked Sites"), including links posted by other Users. The Linked Sites are not under the control of Developer and Developer is not responsible for the contents of any Linked Site, including without limitation, any link contained on a Linked Site, or any changes or updates to a Linked Site. Developer is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Developer or any association with its operators.

THIRD PARTY MATERIAL

Under no circumstances will Developer be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Developer does not pre-screen content, but that Developer and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the CrypDates Properties. Without limiting the foregoing, Developer and its designees will have the right to remove any content that violates these Terms or is deemed by Developer, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the CrypDates Properties, you warrant to Developer that you will not use the CrypDates Properties for any purpose that is unlawful or prohibited by these Terms. You may not use the CrypDates Properties in any manner which could damage, disable, overburden, or impair the CrypDates Properties or interfere with any other party's use and enjoyment of the CrypDates Properties. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the CrypDates Properties.

You are not to submit, post, upload or grant Developer access to any information or material that infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, or other intellectual property rights, or rights of publicity or privacy.

CONTENT: OWNERSHIP AND LICENSE

Content is made available to Users by the Developer as part of the CrypDates Properties, including but not limited to, text, documents, graphics, portfolio summaries, cryptocurrency prices, charts, order books, logos, images, videos, and comments, as well as the compilation thereof, and any software used on the CrypDates Properties (the "Developer Content"). The CrypDates Content is the property of the Developer, its suppliers and affiliates, or its Users, and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any the CrypDates Content and will not make any changes thereto.

Your use of the CrypDates Properties does not entitle you to make any unauthorized use of the Developer Content, and in particular you will not delete or alter any proprietary rights or attribution notices in the Developer Content. You will use Developer Content solely for your personal use, and will make no other use of the Developer Content without the express written permission of Developer and the copyright owner. Subject to your compliance with these Terms, Developer grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and view the Developer Content available on the CrypDates Properties. You will not copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Developer Content, except in the case of certain noncommercial uses permitted by intellectual property law. Except for the licenses and rights expressly granted herein, no licenses or rights are granted to you by implication or otherwise by Developer or its licensors.

USER CONTENT

You retain all your ownership rights in any other content submitted to the CrypDates Properties, including but not limited to text (collectively, the “User Content”). However, by submitting User Content to Developer, you hereby grant Developer a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with providing the CrypDates Properties services to you and for Developer (and its successors’ and affiliates’) business purposes, including without limitation for promoting and redistributing part or all of the CrypDates Properties, in any media formats and through any media channels. You understand and agree that, Developer may retain, but not display, distribute or perform, server copies of your User Content that have been removed or deleted.

You affirm, represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the User Content that you submit; and you license to Developer all patent, trademark, trade secret, copyright or other proprietary rights in and to such material for publication on the CrypDates Properties pursuant to these Terms. You further agree that material you submit to Developer will not contain third party copyrighted material unless you have permission from the owner. Developer will remove User Content if properly notified that such content infringes on another’s intellectual property rights. Developer reserves the right to move User Content without prior notice.

SHARING LINKS

Users may also share a link to the CrypDates Properties via SMS text messaging, email, or other social media platforms, as applicable. The link to the CrypDates Properties is to let others know that you are using the CrypDates Properties and to invite them to use the CrypDates Properties as well. The link will not post any information about your data unless you choose to include a screenshot image, as applicable from your mobile device, of the CrypDates Properties at the time you share the link. You acknowledge and agree that any sharing of your data is optional and solely at your election. The Developer shall not be responsible or liable for any information about your data that may become public as a result of your use of the sharing feature.

CRYPDATES DOES NOT PROVIDE INVESTMENT ADVICE

The CrypDates Properties is a cryptocurrency price alert, portfolio manegement, arbitrage opportunities service only and does not advise Users on the merits of any particular transactions or their taxation consequences. By using the CrypDates Properties, you represent that you have been, are, and will be solely responsible for making your own independent appraisal and investigations into the risks of any transaction and the underlying currencies involved in such transactions. You represent that you have sufficient knowledge, market sophistication, professional advice and experience to make your own evaluation of the merits and risks of any transaction or any underlying currency. The Developer gives you no warranty as to the suitability of the cryptocurrency transactions in your portfolio(s) and assumes no fiduciary duty in its relations with you. You agree that the Developer is not responsible for determining whether or which taxes apply to your transactions. You further agree that you are solely responsible for reporting and paying any taxes arising from your cryptocurrency transactions listed in your portfolio(s) on the CrypDates Properties.

If at any point the Developer or its representatives do provide information on cryptocurrency pricing, trading recommendations, market commentary, news updates on particular cryptocurrency coins, advertisements about new cryptocurrencies, or any other information, the act of doing so is incidental to your relationship with us and imposes no obligation of due diligence on behalf of the Developer or its representatives. All such information is provided to you for informational purposes only and is not intended for trading or investment purposes. Developer does not endorse or promote any particular cryptocurrency and gives no representation, warranty, or guarantee as to the accuracy or completeness of any such information or as to the tax consequences of any transaction you may enter into based on such information. Developer shall not be responsible or liable for any trading or investment decisions you make based on such information. You are solely responsible for determining whether any investment or transaction is appropriate for you based on your own independent research, your personal investment objectives, your financial situation, and risk tolerance.

INTERNATIONAL USERS

The CrypDates Properties are controlled, operated and administered by Developer from its offices within the USA. If you access the CrypDates Properties from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the CrypDates Properties or Content in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

TRADEMARKS

The CrypDates trademarks, names, logos and service marks (collectively “Trademarks”) displayed on the CrypDates Properties are registered and unregistered Trademarks of Developer. Nothing on the CrypDates Properties should be construed as granting any license or right to use any Trademark without the prior written permission of Developer.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Developer, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of or in any way connected with User Content, your use of or inability to use the TRADEMARKS Properties, your interaction with other Users, your violation of these Terms, your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Developer reserves the right, at its 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 Developer in asserting any available defenses.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, SERVICES, CONTENT AND RELATED MATERIALS INCLUDED IN OR AVAILABLE THROUGH THE CRYPDATES PROPERTIES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DEVELOPER AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE DEVELOPER PROPERTIES AT ANY TIME.

DEVELOPER AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, SERVICES, CONTENT AND RELATED MATERIAL CONTAINED ON THE CRYPDATES PROPERTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, SERVICES, CONTENT AND RELATED MATERIAL ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. DEVELOPER AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION, SOFTWARE, SERVICES, CONTENT AND RELATED MATERIALS CONTAINED HEREIN, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DEVELOPER AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED (A) WITH THE USE OR PERFORMANCE OF THE CRYPDATES PROPERTIES, (B) WITH THE DELAY OR INABILITY TO USE THE CRYPDATES PROPERTIES OR RELATED SERVICES, (C) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, SERVICES, CONTENT AND RELATED MATERIALS OBTAINED THROUGH THE CRYPDATES PROPERTIES, (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE CRYPDATES PROPERTIES , OR (E) OTHERWISE ARISING OUT OF THE USE OF THE CRYPDATES PROPERTIES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DEVELOPER OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE CRYPDATES PROPERTIES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CRYPDATES PROPERTIES.

ELECTRONIC COMMUNICATIONS

Visiting the CrypDates Properties or sending emails to Developer constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that the Developer provides to you electronically, via email (if a Registered User) and on the CrypDates Properties, satisfy any legal requirement that such communications be in writing.

MOBILE DEVICE DATA CHARGES

Each User is responsible for all mobile device usage charges (including but not limited to data and text messaging charges) that such User may incur while using the CrypDates Properties.

APPLICABLE LAWS

To the maximum extent permitted by law, this Agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the CrypDates Properties. Use of the CrypDates Properties is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Developer as a result of this agreement or use of the CrypDates Properties. Developer's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Developer's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the CrypDates Properties or information provided to or gathered by Developer with respect to such use.

SEVERABILITY

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

SCOPE OF AGREEMENT

Unless otherwise specified herein, this Agreement constitutes the entire agreement between the User and Developer with respect to the CrypDates Properties and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and Developer with respect to the CrypDates Properties. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this Agreement and all related documents be written in English.

DISPUTE RESOLUTION

If a dispute arises out of or relates to this Agreement, or the breach hereof, and if the dispute cannot be settled through negotiation, Developer and User agree first to try in good faith to settle the dispute by non-binding mediation. For such purpose Developer and User shall select an experienced and impartial mediator who has no business or personal relationship with either Developer and User. Developer and User shall equitably share the fees of the mediator based upon their alignment on the issues to be resolved.

If the dispute cannot be settled through mediation within thirty (30) days of commencement of mediation, Developer and User agree that the dispute shall be settled through binding, confidential arbitration administered by the American Arbitration Association (“AAA”) in accordance with its then existing Commercial Rules (the “AAA Rules”).

• One arbiter (each arbiter, a “General Arbiter”) shall be chosen by each of the two (2) parties to the dispute and a third (the “Presiding Arbiter”) shall be chosen by the two (2) General Arbiters within fifteen (15) days of their appointment.
• Each General Arbiter shall be appointed within sixty (60) days after the commencement of the arbitration proceeding. In the event that the two General Arbiters fail to agree upon the selection of a Presiding Arbiter within fifteen (15) days following their appointment, the Presiding Arbiter shall be appointed by the AAA in accordance with the AAA Rules.
• The “commencement of the arbitration proceeding” shall be deemed to be the date upon which the Demand for Arbitration has been delivered to the parties in accordance with this Section

It is the intent of Developer and User that, barring extraordinary circumstances, arbitration proceedings shall be concluded within one hundred eighty (180) days from the appointment of the Presiding Arbitrator. The tribunal may extend this time limit in the interests of justice, and failure to adhere to this time limit shall not constitute a basis for challenging the award.

The decision of the tribunal shall be final and binding on Developer and User and Developer and User agree and consent that the arbitral award shall be conclusive proof of the validity of the determinations of the arbitration set forth in the award, and any judgment upon such an award may be entered and enforced in any court of competent jurisdiction. The decision of the tribunal shall be rendered no later than thirty (30) days after commencement of such hearing.

The tribunal shall apply the law of the State of Texas without regard to conflict of law principles. Any arbitration proceedings shall take place in Houston, Texas.

APPLE-ENABLED SOFTWARE APPLICATIONS

Developer offers software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to software that is made available for your use in connection with an Apple-branded product (such software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:

Developer and you acknowledge that these Terms of Service are concluded between Developer and you only, and not with Apple, and that as between Developer and Apple, Developer, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.

You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.

Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.

Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.

Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Developer’s sole responsibility, to the extent it cannot be disclaimed under applicable law.

Developer and you acknowledge that Developer, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Developer and Apple, Developer, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to Developer as follows:

support@crypdates.com
15300 Cutten Road
Houston, TX 77070.

Developer and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.

CHANGES TO TERMS

Developer reserves the right, in its sole discretion, to change the Terms under which the CrypDates Properties and Developer Content are offered. The most current version of the Terms will supersede all previous versions. Developer encourages you to periodically review the Terms to stay informed of any updates.

CONTACT US

Nitesh Agarwal
15300 Cutten Road
Houston, TX 77070.

Email Address:
support@crypdates.com

Effective as of August 30, 2018 v 2.3.2