TheWatchData’s Terms of Use

Last update: December 2021.

TheWatch, Inc. Company provides services to its users on the terms and conditions hereof. Please read carefully the terms below, as they contain all key provisions on the relationship between TheWatch, Inc. and its service users and describe the possible risks when using our product features.

If you enter into these Terms of Use on behalf of a legal entity, you guarantee hereby that you are duly authorized and have all permits required for these actions. You confirm that your powers are documented properly.

If you do not agree to comply with all terms and conditions hereof, please cease any further interaction with TheWatch, Inc. services.

If you agree to assume the obligations hereunder and to comply with all provisions hereof, as well as with those of other documents that regulate the relationship between the company and its customers, then TheWatch, Inc., a Delaware corporation, with its office registered in Delaware located at 2810 N Church St PMB 14583, Wilmington, zip code: 19802-4447 (“the Company,” “we,” “our”), and the Party on whose behalf obligations are assumed (“the User,” “you”) have entered into these Terms of Use on the conditions outlined below.

Terms and Definitions “Service” means any service provided by TheWatch, Inc. via webpages and any other data, tools, functions, materials, or services offered from time to time by us or our affiliates and partners.

“Website” means the totality of all data (text and graphic) and functions available on the Internet at https://www.thewatch.io, https://www.watchblock.io, https://www.watchdata.io, including all internal pages at the above addresses.
“Account” means the totality of user data stored on our servers, required to identify such user and to provide them with access to the Services as well as to such user’s personal data and settings.
“Application Programming Interface” (“API”) means an application programming interface which is a totality of tools and functions through which one software can interact with another.
“Content” means software, data, text, audios, videos, images, and any documents that we offer to provide the Services.

“Malware Code” means any software code, files, scripts, and/or programs designed to inflict harm to software and/or hardware, including viruses, worms, and Trojans.

“End User” means any individual or legal entity who, directly or indirectly via another user, (a) accesses or uses the User’s content or (b) otherwise accesses or uses the Services via your Account.

Services

TheWatch, Inc. provides access to various products and their features. The Company’s products are collected into one family and are represented by the following services: TheWatch, WatchData, WatchBlock. These products are ready-made software applications dedicated to solving your problems.
The Services can be accessed via the website unless otherwise agreed in writing or otherwise offered to you.
TheWatch, Inc. provides its software to the User on a free or paid basis (depending on the Tariff Plan you choose), under a personal, non-exclusive, non-transferable, revocable, non-sublicensable license to access TheWatch, Inc. family products.
When using our services, some product functions may be powered by the solutions of our third-party partners. Please be informed that your use of these third-party services may be subject to separate policies, terms of use, and fees established by those third parties.
The Services are not provided to persons under the age of 18.
We may offer Services that are at the final stage of software development when the product is almost ready for full-fledged operation, but our developers have to conduct intensive testing of the product readiness to be launched and function without errors. Such service versions will be designated as “beta version,” “pilot version,” or “pre-release version for developers.” Beta versions of the Services are limited in their features and may have deficiencies and bugs. You may refuse to use the beta version of a Service and wait until it is released officially. The Company may cease providing the beta version of a Service at any time and at its sole discretion. All beta versions of the Services are provided “as is,” without any warranty or liability for their operation and content. Beta version Services may be terminated at any time. The Watch, Inc. disclaims all liability and responsibility hereunder for any damage inflicted through the use of beta versions.

Our Commitments

We shall make every effort to provide the User with top-notch Services. When developing software, we are committed to using advanced technology and taking reasonable technical and administrative measures.
The Company’s activities are fully legitimate. We are committed to complying with applicable laws and bylaws that regulate our Services.
We have already implemented technical, administrative, and physical security measures for the Services and User data. For the convenience of our Users, the Company’s persistent endeavor is to improve our services and products, thus, we will refine and improve our technology from time to time.
The Company is liable for the activities of its personnel (including employees and contractors) as well as for their compliance with the provisions of these Terms of Use and the Company’s policies.
The Company shall make publicly available the documents that contain guidance on using the Services and software developed to provide the Services. The documents are available at https://docs.watchdata.io.

Tariff Plans

TheWatch, Inc. provides Users with its Services under the following Tariff Plans:
1. Free version. Includes all Services but contains some restrictions on the list and scope of Services.
2. Paid version. Provides for an expanded list and scope of Services, as compared with the Free Version under the Tariff Plan but also contains some restrictions.
3. Individual User Plan. If none of the versions under the Tariff Plan as described in Paragraphs A and B of this Section hereof meets your needs, we can offer you a personal service plan. In this case, all technical parameters and financial terms will be tailored to the User’s needs. Just contact us in any way you find convenient.
If you exceed the allowable limit under the Tariff Plan, we will restrict your further use of the Services, having previously sent a notice of approaching the Tariff Plan threshold. This condition is relevant if it applies to a specific Service or Tariff Plan. Your access to the Services will be resumed after we agree upon a fee for the additional traffic of the Services with you and you pay such a fee.
For more information about TheWatch, Inc. tariffs, please refer to https://www.watchdata.io/pricing

Access to Services. Use of Services

Access to the Services is provided via the Website unless other methods are agreed upon between the Parties in writing. To be granted access to the Services, the User must register on the Website and create an Account.
When registering, the User shall provide all the required details independently. Such details must be true, complete, and up-to-date. User details are protected by the Privacy Policy.
The User shall use the services for the purposes not prohibited by applicable law, being guided by the Company’s regulations and policies.
The User shall create a strong password that shall not be used by them for any other website or online service and make reasonable efforts to prevent unauthorized access to the Services or their use by third parties. If you suspect that any unauthorized persons have accessed or may access your Account, please notify us thereof immediately.
You can use your Account only on your behalf or, if you use the Services on behalf of an organization, only for the purposes of the legal entity on which behalf such Account has been created as well as on behalf of your employees or end-users.
The User undertakes and guarantees that they will not (a) take any action that might violate the integrity of the Company’s systems and technology, the performance of its Services, (b) use Malware Code in any way, (c) try access the infrastructure of the Company’s internal processes, (d) circumvent restrictions on the use, scope, and quality of the Services (except as permitted hereunder), (e) assign (in any form) their rights to the license (resell, license, sublicense, distribute, lease, etc.), except as provided for hereby, when products are integrated with your own products/services that provide additional functionality to its end users;
The User undertakes to obtain and maintain any consent required to authorize the processing personal data of the User’s employee who acts as the User’s contact person for the purpose of providing the Services hereunder.
The User must respond promptly to the Company’s messages and take reasonable measures to resolve any issues regarding their Account.

Fee

Fees for the Services will be charged in accordance with the Tariff you choose. The Tariff Plan reflects the scope of Services purchased, not the scope of Services actually used. The Tariff Plan includes a fee for the Services available to you at the time of payment. Some Services, including paid Services up to a certain level of use, may be offered to the User free of charge.
Payment for the Services is recurrent. It means that we will regularly debit funds from the bank card or electronic wallet that you indicate in your Account, without re-entering your payment details and without involving the User to initiate the next payment.
Fees for the Services will be charged to the User until you send us your refusal to use the Services or until your Individual Plan expires.
Upon a change in features and/or addition of new product options, the Company may change the price of the User’s Services starting from the next billing period. We will notify you of an upcoming increase in the Service price. The price of Services for the period already paid for by the User is not subject to change.
The Services may be paid for in either currency you choose from the list of currencies available in the Account.
The User shall provide the Company with up-to-date payment details in advance to pay for the Services. The User shall also notify the Company immediately of any changes affecting its payment.
Each Party is solely responsible under the applicable laws for calculation and payment of all taxes and other state fees (including fines, interest, and other extra amounts to the same), which are charged to such Party in connection with or in regards to transactions and payments hereunder. Subject to the relevant legal grounds, we reserve the right to withhold relevant taxes and fees from the User.
The Company hereby represents to the User that it uses data protection standards for banking card holders and complies with the requirements for the security of User’s payment details that are stored, transmitted, and processed by the Company during settlements.
If the User delays payment for the Services for 7 calendar days, or more, we reserve the right to limit, or suspend completely, the provision of such Services to the User. The Company will notify the User in advance of any upcoming restriction and/or suspension of the Services.

Money Refund Policy

If you refuse to use any Services under the Tariff Plan with a monthly settlement, the prepaid funds will not be refunded to you.
If you refuse to use any Services under the Tariff Plan with an annual settlement, we will refund to you any prepaid funds for the remainder of the validity period for all Services paid for but not received. We will calculate the refund amount based on the price of using the Services during one calendar month, multiplied by the number of full months in which the User did not use the Services. The amount for one calendar month shall be calculated as the amount under the Tariff Plan with an annual settlement divided by 12. Therefore, if you decide to opt out of the Tariff Plan with an annual settlement, please notify us in advance but not later than 5 calendar days before the start of the next calendar month in which you will no longer use our Services.
Refunds shall be made within 10 days after the effective date of termination hereof — to the account from which these funds were received by the Company. The procedure for terminating these Terms of Use by the User is outlined in Section 8 hereof.
Termination hereof in no way relieves you of your obligation to pay for any Services payable for the period before the effective date of such termination.

Amendment of the Terms of Use and the Services

The Company reserves its right to change, at any time and at its sole discretion, the conditions for providing the Services, to introduce new versions and updates of the Services, which may entail changes in the appearance and technical characteristics of our Services as well as the provisions hereof.
Therewith, we undertake to notify you of such changes via our Services. If upon changes take effect, your actions indicate directly and explicitly your acceptance of the new terms and conditions (by clicking on the “I agree” button, or ticking the checkbox next to the amended terms and conditions, or by continuing to access or use the Services), then you express by such actions your explicit consent to the new terms and conditions and confirm your readiness to use the features and functionalities of the Service under the new terms and conditions. We suggest you regularly review the terms and conditions hereof.

Restricting Access to the Services. Termination

In case of any grounds provided for in these Terms of Use or current laws, or without the same, we are entitled to suspend or terminate completely the provision of our Services to the User without prior notice.
We reserve the right to suspend or restrict your access to the Services, including, inter alia, for the following reasons:
1. Your actions show signs of fraud;
2. Your actions jeopardize the security of the Company’s Services or any other person;
3. Your actions may affect the operation of the Company’s software or our affiliate or partner;
4. Your actions may entail adverse consequences for us in the form of bringing the Company or our affiliate or partner to liability and affect the Company’s goodwill.
Upon restriction of access to the Services or repudiation hereof by the Company, we shall send you relevant notice within a reasonable time frame.
You are entitled to repudiate this Agreement at any time, subject to the considerations provided for herein.
If we suspend your right to access or use any part or all of the Services, your obligation to pay for such Services shall remain in effect in the amount prescribed in the Tariff Plan.

Intellectual Rights to the Content

All content on websites related to TheWatch, Inc., including, inter alia, software, documents, graphics, data, algorithms, functional solutions of the Company’s services, database, etc., are the property of the Company and are protected by copyright and other legal means.
Taking into account the rights that are directly granted to the User hereunder, we reserve all intellectual rights, property rights to the Services, the Company’s software and documents.
The Company does not grant the User any rights to the software, except in cases explicitly stipulated herein.
The User has no right to copy and modify our services; furthermore, you are not entitled to create a derivative work based on our software or any of its functions.
The User guarantees that they will not get access to TheWatch, Inc. services to develop a competitive product and shall not use the documents for developing equivalent or similar services, except as permitted by these Terms of Use, applicable laws, or government regulations.
The User has no right to decompile, re-engineer, disassemble, or otherwise attempt to extract any or all of the source code of the software used to develop the Company’s Services.
In case you have any legal ground to use the Company’s code, you shall not modify, remove, or hide any copyright, trademark, or other proprietary rights or privacy information as related to the Services.

Disclaimer of Warranties

The software developed by TheWatch, Inc. is provided to the User “as is.” By offering its Services and providing you with access to the software created by the Company, TheWatch, Inc. does not warrant (including any explicit or implied warranties) and makes no representations that (1) the software will run without errors, failures, and interruptions, (2) the developed software will not be subject to external attacks from intruders, (3) all identified errors will be fixed, since our services and software operation may be affected by many factors that are beyond the Company’s reasonable control. For this reason, the Company is not liable for the consequences of its Service disruptions.
We create our Services based on our ideas about how the software should work and look and what value it could provide to its end user. Therefore, TheWatch, Inc. does not guarantee that the Services will fully meet your expectations and have any commercial value. However, we endeavor to ensure that each User is satisfied with our Services and the return on their investment; thus, we will be happy to receive feedback from you with your comments or suggestions regarding our work.
The Company cannot guarantee the accuracy of data obtained by using our Services, since we partially use third-party resources and cannot be fully liable for the data provided by such partners.
The Company cannot warrant that the Services offered or the third-party content will be provided without interruptions, errors, or malicious components. We do not make any warranties concerning such third-party content, including warranties that all or part of such content will be safe without being altered or lost.
We do not provide any financial, tax, accounting, investment, or legal advice. The Company also disclaims all and any warranties that may arise from the User’s decisions and actions made or taken based on data obtained using the TheWatch, Inc. software.
We warrant the User only as explicitly provided for by these Terms of Use and by law to the extent that it applies to the Services.

Limitations of Liability

The aggregate liability of the Company, including its affiliates and beneficiaries, arising from the provisions hereof cannot exceed the total amount actually paid by the User and/or their affiliates hereunder for the Services that have entailed such liability.
Neither Party hereto, including the affiliates or beneficiaries of such Party, shall and will assume any liability arising herefrom for any lost profits, lost opportunities, direct or indirect losses, challenged goodwill, and the other Party’s fines. The above disclaimer of liability applies to the extent permitted by law.
If we fail to use any remedy to restore the Company’s rights violated by the User, such failure shall not imply the present or future waiver of such protection of its rights or a limitation of the Company’s right to protect its interests in the future. Any and all refusal of the Company to protect its legal rights shall be executed in writing.

Risks

The Company develops software and provides Services powered by cutting-edge technology. When deciding to use the Services, the User shall take into account that the crypto industry is a new economic and technical field, so that when you use the Company’s services, several risks may arise, including regulatory risk, volatility risk, blockchain network risk, technical and other risks.

Anti-Sanction Undertaking

You agree to comply with all applicable import, re-import, sanction, anti-boycott, export, and re-export control laws and regulations, including all laws and regulations that may apply to you. The User is not entitled to use any Services if such User is subject to U.S. sanctions or any sanctions provided for by the U.S. law and imposed by the governments of the country where you use our Services.
You hereby confirm and represent to the Company that you and any of your controlled entities or any party that owns or controls you or your legal entity are:
1. Not subject to sanctions or otherwise designated on any list of prohibited or restricted parties, including, inter alia, the lists maintained by the United Nations Security Council, the U.S. Government (e.g., the Specially Designated Nationals List and Foreign Sanctions Evaders List of the U.S. Department of Treasury and the Entity List of the U.S. Department of Commerce), the European Union or its Member States, or another relevant state authority;
2. Not located in any country to which the United States has embargoed goods or has otherwise applied any sanctions.

Compliance with Anti-Corruption Laws

User, its officers, directors and employees, and anyone for whose acts or defaults it may be vicariously liable or anyone acting on its behalf, shall not offer or make any payments, or offer or provide anything else of value, to any person in violation of any applicable anti-bribery law in connection with or in any way relating to or affecting these Terms of Use. User acknowledges that international anti-corruption laws, including the FCPA and the UK Bribery Act, prohibit any direct or indirect offer, payment or receipt of money or anything of value to/from any person (including but not limited to any government official, international organization, political party, party official or candidate for political office) for the purpose of obtaining, retaining or directing business, securing any improper advantage in the conduct of business, or inducing the improper performance of any public or business-related function. User represents and warrants that in the performance of its obligations under this Terms of Use, or otherwise in connection with hereunder, it has not offered or made, and agrees that it will not offer or make, any such prohibited payment.

Privacy

We are committed not to disclose to third parties or otherwise provide information obtained from the User hereunder. In addition, any other information obtained by a Party that is in any way related to the other Party, including, inter alia, any business, financial, scientific, technical, operational information, or intellectual right-related information, shall be considered confidential and shall not be disclosed to any third party.
The above privacy commitments do not apply to any information that a Party has become aware of before the start of its relationship with the other Party, that has been developed by it independently or has been publicly available. In addition, the privacy commitment shall not apply in cases where a Party is required to disclose information pursuant to legal provisions, government regulations, or court orders.

Notices

The Parties agree that e-mail is an acceptable channel for communications between the Parties.
1. To inform the Client, we use the e-mail address specified by them during registration.
2. To inform the Company, the Customer shall use the following address: legal@thewatch.io.
Messages sent via e-mail shall be considered as acceptable evidence for resolving disputes between the Parties.
The Company may also use other ways to inform the Customer, such as SMS, PUSH notifications, and messages sent via the Account.
Legally relevant notices to TheWatch, Inc. shall be sent to the following address: 2810 N Church St PMB 14583, Wilmington, DE, zip code: 19802-4447.

Dispute Resolution

In case of any dispute or disagreement, TheWatch and the User shall make every effort to reach a mutually beneficial solution and to settle it through negotiations.
The User may file a claim regarding the Services at any time by sending a notice via e-mail. The claim shall indicate the reasons for contacting us, describe the arguments, and include attachments justifying the User’s position.
We shall consider your claim and send you a response within 20 calendar days from the date of contacting us unless the law provides for a different time frame for responding to claims.
If the Parties fail to resolve their dispute or disagreement through the complaint procedure, they are entitled to use other remedies to protect their legal rights and interests.

Force Majeure

Each Party shall be relieved from liability for failure to fulfill its obligations hereunder if such failure resulted from a circumstance that is beyond the Party’s control and could not have been reasonably foreseen or avoided. Such circumstances include war, actions of the authorities, new or amended laws, trade or currencies restrictions, fire, flooding, or similar circumstances as well as failures or interruptions in the services provided by third parties.

Final Provisions

These Terms of Use shall take effect at the moment when the User acknowledges and accepts the terms and conditions of this Terms of Use, the Privacy Policy, the Cookie Policy, electronically agrees to comply with the terms and conditions of the above documents, and registers with any of TheWatch, Inc. services.
These Terms of Use shall be valid for an unlimited period.
The titles of Sections and Articles hereof shall be used for the reader’s convenience only and cannot be used to interpret the provisions hereof.
If any provision hereof becomes invalid, such invalidity shall not affect the legality and validity of the remaining provisions hereof.
All references herein and all addenda regulating the provision of individual services shall be an integral part of these Terms of Use and shall apply to the User from the moment when they start using the relevant service.