Between
The sole proprietorship MICHELS MATHILDE, whose registered office is located at 6 RUE BLEUE 75009 PARIS 9, registered under number 981 201 429 (hereinafter "TOKENOMICS DATA") and the User.
TOKENOMICS DATA and the User are hereinafter individually referred to as the "Party" and collectively as the "Parties".
PREAMBLE
TOKENOMICS DATA develops and operates an online platform (hereinafter the "Site") with the aim of centralizing and structuring economic and statistical data relating to Web3 projects for the general public.
This Site aims to provide a single point of access to key data enabling a better understanding of the economic models of blockchain projects, with a view to transparency and clarity. The platform is based on the creation of an independent database, fed by several types of sources (on-chain data, off-chain data).
ARTICLE 1. DEFINITIONS
Within the framework of these Terms of Use, the terms and expressions listed below, the first letter of which is capitalized, have the meanings assigned to them below. These terms shall have the same meaning in the singular and plural.
"Terms of Use" means these terms and conditions of use applicable to Users when using the Site and accessible on the Site;
"Terms and Conditions": refers to the general terms and conditions of sale defining the terms and conditions of access to the Services;
"Customer" means any person who enters into a contractual relationship with TOKENOMICS DATA by accepting the Terms and Conditions in order to benefit from the Services. Customers are the end users of the Services offered by TOKENOMICS DATA;
"Order": refers to any act of subscribing to the Services;
"Account": refers to the interface containing all data relating to the User created under the conditions set out in the Terms of Use, accessible from the Site and enabling the Customer to place Orders on the Site. This data includes, in particular, all personal information belonging to the User as well as information relating to their Orders;
"Intellectual Property Rights" means any patents, copyrights and related rights, moral rights, trademarks, trade names and domain names, rights to web , designs and models, rights to computer software, rights to databases, rights to confidential information (including know-how and trade secrets), and any other intellectual property rights, whether registered or not, including all applications, renewals or extensions of such rights and all similar or equivalent rights or forms of protection in force or in the future;
"Identifiers": refers to the email address used by the User when creating their Account, enabling the User to access their Account;
"Platform" or "Site": refers to the web platform or website accessible at https://tokenomics-data.com/ and the associated mobile application offered by TOKENOMICS DATA and from which Users can place an Order;
"Service": refers to the services offered by TOKENOMICS DATA and presented on the Site following an Order placed by a Customer. These services are governed by the Terms and Conditions. They include, but are not limited to:
- subscription to a subscription service (free or paid);
- access to a structured database relating to Web3 projects;
- consultation of on-chain economic data (total supply, burn, price, circulating supply, etc.);
- consultation of off-chain information data (white papers, fundraising, allocations, vesting, etc.);
- access to summaries and enhanced visualizations (graphs, comparisons, aggregated analyses);
- consultation of editorial content (descriptions, typologies, explanations of economic models);
- the ability to filter, search, and cross-reference indicators;
- access, where applicable, to advanced features (alerts, data export, favorites, etc.); and, where applicable,
- access to analysis tools or modules developed by TOKENOMICS DATA or its partners.
The services offered may change over time. The Customer benefits from the services as defined on the Site and accepted at the time of the Order, although the descriptions of these services may not appear directly in the Terms and Conditions. Any subsequent changes to the services will not affect the service already ordered.
"User": refers to any person who accesses and browses the Site without necessarily entering into a contractual relationship via the Terms and Conditions for the subscription of a Service. Users may consult the information available on the Site, including descriptions of the Services, but do not actively participate in the TOKENOMICS DATA ecosystem until they accept the Terms and Conditions and become Customers. Users are subject to the Site's Terms of Use, which regulate access to information and use of the Site.
ARTICLE 2. PURPOSE
TOKENOMICS DATA, through the Site, offers the Services remotely.
The Terms of Use define and govern the terms and conditions of access and navigation of the User on the Site, and determine the respective rights and obligations of the User and TOKENOMICS DATA in connection with the use of the Site.
The Terms and Conditions apply without restriction or reservation to Users.
ARTICLE 3. ACCEPTANCE OF THE TERMS AND CONDITIONS
Any connection to the Site is subject to compliance with the Terms of Use, which are accessible at any time via a direct link on the Site. Any access or use of the Site implies the simultaneous and unreserved acceptance of the Terms of Use.
The Terms and Conditions apply exclusively to all use of the Site and prevail over all other terms and conditions, except those expressly accepted by TOKENOMICS DATA. Consequently, any other terms and conditions are only binding on TOKENOMICS DATA after written confirmation by TOKENOMICS DATA.
IMPORTANT: NOTE TO USERS
ANY USE OF THE SITE IMPLIES THE USER'S EXPRESS, PRIOR, FULL AND UNRESERVED ACCEPTANCE OF THE TERMS AND CONDITIONS. BY BROWSING THE SITE, THE USER ACKNOWLEDGES THAT HE/SHE IS BOUND BY ALL OF THE TERMS AND CONDITIONS.
Article 4. USE OF THE SITE AND CREATION OF AN ACCOUNT
To use the Site, Users must:
- have a computer, smartphone, and/or tablet connected to the internet;
- have an internet connection; and/or
- access the Site;
To benefit from the Services, Users must create an Account in accordance with the terms and conditions set out below.
Use of the Site and creation of an Account are free of charge.
Users guarantee that they have full legal capacity to register and use the Site and, in particular, that they are not a competitor of TOKENOMICS DATA and/or that they are not registering and using the Site for the purpose of competing with the Site in a fraudulent manner and/or in a manner that harms the interests of TOKENOMICS DATA.
To use the Site, the User must be legally capable of entering into a contract and must be of legal age, i.e., at least 18 years of age at the time of accessing the Site.
If the User wishes to place an Order and become a Customer, they must accept the Terms and Conditions of the Site, which can be accessed here.
If the User wishes to create an Account, the User must complete a registration form including: their surname, first name, email address, profile photo (optional), role (optional).
When creating and accessing their Account, the User does not have a permanent password; they must enter their email address, to which a temporary code valid for ten (10) minutes will be sent, which they must enter in order to log in.
Users who have created an Account may customize their profile:
- Change preferences;
- Changing contact details.
The login ID is personal, confidential, and non-transferable to third parties. The User is the owner of the Account created and has access to it via their Login Details.
It is the User's responsibility to ensure that the combination of identifiers that allows them to access their Account remains confidential. TOKENOMICS DATA cannot be held liable in any way for any fraudulent use of this information.
The User guarantees the truthfulness and accuracy of the information they provide to TOKENOMICS DATA via the Site. The creation of the Account can only be validated following the express acceptance of the Terms of Use and the privacy policy available by clicking here by the User, who thereby acknowledges that they have read and understood them.
The User undertakes to update their information in the event of any changes.
TOKENOMICS DATA reserves the right to accept or refuse the creation of an Account within twenty-four (24) hours of the Account creation request.
Users wishing to access their Account are invited to use their Login Details.
The User's data communicated to TOKENOMICS DATA is accessible to the User at any time from their Account by clicking on the Account home page and then on the " My Information " tab. Only the User has access to their Account.
Each User guarantees that the data and documents provided are true, accurate, and in accordance with reality and are not misleading in any way. They undertake to provide a valid email address and telephone number and ensure that they are the sole holder of these.
The User undertakes to provide true, accurate, up-to-date and complete information, in particular relating to their identity, in accordance with the law on confidence in the digital economy (known as the "LCEN" law). Consequently, they undertake not to create a false identity that could mislead TOKENOMICS DATA or third parties and not to usurp the identity of another legal or natural person.
The User also undertakes not to transmit information that could infringe the rights of third parties (especially the use of a surname, pseudonym, trademark registered by a third party, or works protected by intellectual property rights) and/or public order.
It is the User's responsibility to communicate any changes to their personal information. To do so, the User must go to their Account and modify their data.
TOKENOMICS DATA has no control over the accuracy or reliability of the information provided by Users and therefore cannot be held liable for any consequences resulting from the provision of incomplete or incorrect information.
In the event that the User provides false, inaccurate, erroneous, outdated, incomplete, misleading, or deceptive information, TOKENOMICS DATA reserves the right to refuse access to the Site to Users who do not comply with the above conditions. Furthermore, TOKENOMICS DATA shall not be held liable in any way for any failure to perform and/or partial performance related to the provision of information of this nature.
The User is responsible for ensuring that they have effectively logged out of the Site at the end of each session, particularly when accessing the Site from a public computer.
In the event of suspected fraudulent use of their Account, the User must notify TOKENOMICS DATA as soon as possible so that it can take all necessary measures to remedy the situation.
TOKENOMICS DATA cannot be held liable for any misuse and/or fraudulent use of an Account in the event of unauthorized, fraudulent, or abusive use, or due to voluntary or involuntary disclosure by the User to a third party who has accessed the Site with their identification details. The User remains solely responsible for any use that may be made of their Account by a third party who has accessed the Site with their Login Details.
It is specified that in the event of a breach of the Terms and Conditions by the User, TOKENOMICS DATA may freely refuse to open an Account for the User concerned.
Article 5. ACCOUNT DEACTIVATION
Deactivation of the Account
The Account remains active as long as the User does not deactivate it and complies with the TERMS AND CONDITIONS and the Terms of Use.
The User retains the right to deactivate their Account and/or delete it at any time, without cause.
To do so, the User must send an email to the following address: mathilde.michels@tokenomics-data.com or via the dedicated form requesting the deactivation of their Account.
The deletion of an Account is permanent, the Account being irreversibly deleted, the personal data linked to it being automatically deleted and no longer recoverable. However, it is expressly agreed that certain personal data linked to the Account will be retained for legal reasons (in particular for accounting purposes) in accordance with TOKENOMICS DATA's privacy policy available on the Site.
Deleting an Account does not prevent Users from re-registering and creating a new Account.
Suspension of the Account in the event of breach
In the event of a breach of the obligations arising from the acceptance of the TERMS AND CONDITIONS, the Terms of Use, incidents of non-payment of the price of an Order, the provision of incorrect information when creating the Account, or acts likely to harm the interests of TOKENOMICS DATA, the latter reserves the right to suspend access to the Site without notice or, depending on the seriousness of the acts, to delete the User's Account without any compensation being claimed.
TOKENOMICS DATA will inform the User by email of the suspension and/or deletion of their Account.
In the event of fraud, the fraudulent Account will be immediately suspended or terminated at the sole discretion of TOKENOMICS DATA. TOKENOMICS DATA will submit any information concerning the fraudulent Account, if necessary, to the local authorities and/or financial institutions.
It is expressly agreed that in the event of suspension or closure of the Account, the User will no longer be able to access the Site unless a new Account is created.
The deletion of the Account by the User automatically terminates any current subscription, with no refund for the subscription period already started.
In the event of deletion of the Account by TOKENOMICS DATA while a subscription is in progress, no refund shall be due to the Customer, except in the event of unjustified or abusive deletion.
Article 6. SITE ACCESS AND AVAILABILITY
The Site is accessible seven (7) days a week and twenty-four (24) hours a day. However, TOKENOMICS DATA does not guarantee the operation of and access to the Site seven (7) days a week and twenty-four (24) hours a day.
TOKENOMICS DATA reserves the right to interrupt the operation of the Site at any time, with or without notice, in particular for the purpose of performing corrective and upgrade maintenance on the Site, or to change its content or presentation, and/or for any other legitimate reason. Where possible, TOKENOMICS DATA will inform Users in advance of any corrective or upgrade maintenance.
Furthermore, Users acknowledge that the Site may be interrupted for reasons beyond the control of TOKENOMICS DATA and that TOKENOMICS DATA cannot therefore guarantee continuous access to the Site.
In any event, TOKENOMICS DATA shall not be held liable for any interruption and/or malfunction of the Site, regardless of the cause.
Users are invited to inform TOKENOMICS DATA of any technical problems they encounter while browsing and/or using the Site.
Article 7. WARRANTIES, OBLIGATIONS, AND LIABILITY OF USERS
By accessing the Site, the User declares, warrants, and agrees to:
- access the Site in good faith, in a reasonable manner, and not in violation of the terms herein;
- not to market the Site and/or access to the Site directly or indirectly;
- not to allow third parties to use their Account;
- not reuse all or part of the Site it contains, in particular for commercial and/or collective purposes and/or for personal purposes in a form and/or medium not authorized by TOKENOMICS DATA.
It is strictly prohibited to use the Site for the following purposes:
- the exercise of illegal or fraudulent activities or activities that infringe on the rights or security of third parties;
- the breach of public order or the violation of laws and regulations in force;
- intruding into a third party's computer system or any activity that may harm, control, interfere with, or intercept all or part of a third party's computer system, or violate its integrity or security;
- sending unsolicited emails and/or commercial prospecting or solicitation;
- manipulation intended to improve the search engine ranking of a third-party website;
- any form of assistance or encouragement, in any manner whatsoever, to one or more of the acts and activities described above;
- more generally, any practice that diverts the Site from the purposes for which it was designed;
- copying and/or misusing for their own purposes or those of third parties the concept, technologies or any other element of the Site;
- The following are also strictly prohibited:
- any behavior likely to interrupt, suspend, slow down, or prevent the continuity of the Site;
- any intrusion or attempted intrusion into the systems of TOKENOMICS DATA;
- any misappropriation of the Site's system resources;
- any actions likely to impose a disproportionate load on TOKENOMICS DATA's infrastructure;
- any breaches of security and authentication measures;
- any acts likely to harm the financial, commercial or moral rights and interests of TOKENOMICS DATA or the use of the Site; and finally, more generally
- any breach of the Terms and Conditions.
It is strictly prohibited to monetize, sell or grant access to all or part of the Site, as well as to the information hosted and shared on it.
Users are solely responsible for choosing to use the Site and for ensuring that it is suitable for their needs, for securing their computer system and for backing up their data.
In addition, they are personally responsible for the use of the Site and the information provided, particularly when creating their Account.
Users guarantee and indemnify TOKENOMICS DATA against any damage suffered by the latter and against any liability action brought against it on the basis of a violation of the Terms and Conditions and/or any right of a third party. In the event of proven fraud, TOKENOMICS DATA reserves the right to disclose all necessary information to the competent authorities responsible for prosecuting such fraud and offences.
In the event of a breach of any of the provisions of the Terms of Use or, more generally, of a violation of the laws and regulations in force by a User, TOKENOMICS DATA reserves the right to take any appropriate measures, including:
- at any time, without prior notice, interrupt or suspend, temporarily or permanently, all or part of the Site to the User who committed the breach or infringement, or who participated in it;
- suspend or terminate the User's Account without prior notice, it being understood that such termination shall be without prejudice to any damages that TOKENOMICS DATA may claim in compensation for the damage suffered as a result of such breaches by the User;
- notify any relevant authority; and
- take any legal action.
In the event that access to the Site is suspended for any reason whatsoever, Users shall not be entitled to claim any compensation of any kind whatsoever.
Article 8. LIABILITY AND WARRANTIES OF TOKENOMICS DATA
TOKENOMICS DATA's involvement is strictly limited to making the Site available to the User.
The User expressly agrees that TOKENOMICS DATA shall not be held liable for any direct, indirect, incidental, special, accidental, consequential or punitive damages, etc., or for any loss of profits or revenue that may be incurred by the User directly or indirectly related to:
- access to or use of the Site;
- the User's inability to access or use the Site; and
- to any unauthorized access, use or alteration of the User's transmissions.
TOKENOMICS DATA reminds all Users that it makes every effort to avoid any problems with the use of the Site, but that it cannot be held liable for any damage resulting from the use of third-party sites to which the User may be redirected.
The User is solely responsible for their use of the Site.
The User accepts and acknowledges that they are solely responsible for the information contained on the Site that they have transmitted to TOKENOMICS DATA.
TOKENOMICS DATA declines all responsibility in the event of any loss of information accessible on the User's Account, as the User is responsible for saving a copy and cannot claim any compensation in this regard.
TOKENOMICS DATA does not act as an internet service provider. As such, TOKENOMICS DATA cannot guarantee the quality of the internet connection or the absence of network interruptions.
TOKENOMICS DATA undertakes to carry out regular checks to verify the functioning and accessibility of the Site. As such, TOKENOMICS DATA reserves the right to temporarily interrupt access to the Site for maintenance reasons.
Similarly, TOKENOMICS DATA cannot be held liable for any temporary difficulties or impossibility of accessing the Site due to circumstances beyond its control, force majeure, or disruptions to telecommunications networks.
TOKENOMICS DATA cannot be held liable for unforeseeable events such as cyber attacks, security breaches in data transmission, or performance guarantees regarding the volume and speed of data transmission. Under these conditions, it is the responsibility of Users to take all appropriate measures to protect their own data and/or software, in particular from contamination by viruses circulating on the Internet.
It is also specified that TOKENOMICS DATA does not control websites that are directly or indirectly linked to the Site. Consequently, it excludes all liability for the information published on them. Links to third-party websites are provided for information purposes only and no guarantee is given as to their content.
TOKENOMICS DATA does not guarantee to Users (i) that the Site, which is subject to constant research to improve its performance and progress, will be completely free of errors, defects or faults, (ii) that the Site, being standard and not intended for the sole use of a given User according to their own personal constraints, will specifically meet their needs and expectations.
No information or advice provided by TOKENOMICS DATA to Users in connection with the use of the Site shall be considered as the granting of a guarantee.
TOKENOMICS DATA shall not be held liable to the User for any loss or damage that the User may suffer as a result of any change or temporary or permanent removal by TOKENOMICS DATA of the offer or functions available on the Site.
In any event, the liability that may be incurred by TOKENOMICS DATA under these terms and conditions is expressly limited to direct damages proven to have been suffered by the User.
Article 9. ADVERTISING
TOKENOMICS DATA reserves the right to insert advertising or promotional messages on any page of the Site and in any communication to Users in a form and under conditions that TOKENOMICS DATA shall determine at its sole discretion.
The User therefore accepts the display of such messages on the Site.
As the publisher of the Site, TOKENOMICS DATA is free to market advertising space on the Site to advertisers of its choice. The User acknowledges that they have no rights to this advertising space and shall refrain from making any claims or taking any action in this regard.
Article 10. LINKS AND THIRD-PARTY SITES
When using the Site, Users may have access to various links directing them to third-party sites, including partner sites.
TOKENOMICS DATA shall in no event be held liable for the technical availability of websites or mobile applications operated by third parties that the User may access through the Site.
TOKENOMICS DATA accepts no responsibility for the content, advertising, products and/or services available on such third-party websites and mobile applications, which are governed by their own terms of use.
TOKENOMICS DATA is also not responsible for transactions between the User and any advertiser, professional or merchant to whom the User is directed via the Site and shall in no event be a party to any disputes with such third parties concerning, in particular, the delivery of products and/or services, guarantees, declarations, and any other obligations to which these third parties are bound.
Article 11. INTELLECTUAL PROPERTY
The content, structure, and software used for the operation of the Site are protected by copyright. Any representation or reproduction, in whole or in part, of the Site without the consent of TOKENOMICS DATA constitutes a violation of the provisions of the Intellectual Property Code and may result in legal proceedings (Article 335-2 et seq. of the Intellectual Property Code). Any reproduction of the data disclosed on the platform is the responsibility of the User and may also result in legal proceedings, in particular for infringement. The same applies to translation, adaptation or transformation, arrangement or reproduction by any art or process whatsoever.
The distinctive signs of TOKENOMICS DATA, such as domain names, trademarks, names and logos appearing on the Site are protected by the Intellectual Property Code. Any total or partial reproduction of these distinctive signs made from elements of the Site without the express authorization of TOKENOMICS DATA is therefore prohibited.
Article 12. MISCELLANEOUS
Duration
The Terms and Conditions are valid and apply as long as Users use and browse the Site.
Modification
TOKENOMICS DATA reserves the right to modify the Terms and Conditions at any time, especially to consider any legal, jurisprudential, editorial, functional and/or technical changes to the Site.
The prevailing version is the one available online on the day the Site is used.
Any use of the Site by the User after publication of the amended Terms of Use constitutes the User's unreserved and express acceptance of the new Terms of Use.
The Terms of Use are updated regularly. Consequently, Users are invited to consult them each time they visit the Site.
In the event of disagreement with the new provisions of the Terms and Conditions, the User undertakes to cease accessing the Site.
Partial invalidity
In general, if one or more clauses or provisions of the Terms of Use are held to be invalid or declared null and void or unenforceable by law, a regulation or following a final decision by a competent court, the other provisions shall remain in full force and effect.
Language
The language applicable to the Terms of Use is French. If a translation is provided, only the French version shall be contractually binding.
Evidence
Files, data, and messages recorded in TOKENOMICS DATA's computer systems shall be accepted as proof of acts and facts between TOKENOMICS DATA and Users.
Unless proven otherwise, records shall be presumed to have been kept under reasonable security conditions if messages, data, and other documents are systematically recorded on a reliable and durable medium.