Timvi - Terms of use

Timvi Terms of Service

Last edit: July 23th, 2019

1. Acceptance of conditions

Timvi DApp — is an autonomous smart contract system based on the Ethereum blockchain ("Ethereum" is a software with the open source code base), which also allows issuing Timvi (TMV) cryptocurrency.

TMV — is a cryptocurrency tool used for lowering volatility. Access to TMV is performed through the timvi.com website and other tools (further referred to as "Website"), which include texts, images, audio, software code and other materials jointly called “Content”, as well as other available functions and services. In the foregoing Terms the Website, as well as other functions, tools, materials, and open source software are referred to as "Service". Please note that while the open source software is designed to provide low volatility for TMV, it is an experimental prototype and the usage of this software is risk-bearing. This open source software and Service can fail due to a variety of reasons, which will entail a complete and irrevocable loss of all your funds invested in TMV.

Please carefully read this User Agreement (hereinafter “the Agreement”, “Terms of Use") before starting to work with the Service. By becoming a user of the Service, accessing it, or accepting the terms of the Agreement when required, you (1) accept the following Agreement, as well as (2) all additional terms, rules and conditions of participation published from time to time. Access to the Content and the Service, as well as the possibility of their use is provided only after accepting the following Agreement.

2. Review of the provisions of the Agreement

The terms of this Agreement may be arbitrarily revised or changed at any time, unless otherwise specified by this document. The newest version of this Agreement is to be published on the Website with the revision date at the beginning of the document. All changes take effect immediately at the time of their publication on the Website.

You are solely responsible for reviewing all such updates and amendments, as well as confirming the waiver of the right to receive any special notifications about them. Continuing to use the Service after the publication of amendments to the Agreement, you automatically confirm your acceptance of the new version. In case of disagreement with the current version of the Agreement, you must stop using the Service.

3. Legal Capacity

You hereby confirm and guarantee your full legal status and capacity from the point of view of accepting the conditions, responsibilities, obligations and guarantees set forth in this Agreement, as well as their implementation and compliance. Timvi DApp is a global system, by accessing Content or the Service of which you confirm that you have reached the age of majority established in your jurisdiction. This is a necessary condition for access to the specified Content and Service, as well as the adoption of agreements related.

You also guarantee that you have all the necessary rights in your jurisdiction to use the Service, including the right to own cryptographic equivalents of money, as well as to engage in other interactions with the Service. In addition, you agree to be responsible for compliance with the law in your jurisdiction and acknowledge that neither the Timvi Association nor the Timvi Association Assistants (as defined below) are not responsible for your compliance with this law. Finally, you guarantee that the Service will not be used for criminal purposes.

4. Warranties, assurances and risks of the parties.
4.1 Disclaimer of warranty and assurance.

By accepting this Agreement you expressly acknowledge that you fully accept the risks of using the Service. (A) All persons, organizations, agents and assistants participating in the creation of Timvi DApp (hereinafter referred to as "Timvi Association Assistants") hereby express a definitive disclaimer of any direct, indirect or provided by law assurance or warranty, and (B) Timvi Association Assistants and all organizations or agents related to them do not provide any assurance or warranty regarding Timvi DApp and TMV tokens, concerning the rights of ownership, compliance with copyright, commercial suitability, order of use, safety, applicability for any particular purpose, quality of implementation of the Association Assistants, as well as the organizations and agents associated with them do not provide assurances and warranties regarding the accuracy, completeness, reliability, applicability of the Service, error-free functioning of the Service, as well as data of any kind connected to the Service.

4.2 Resignation of fiduciary obligation

In moderation acceptable by law and despite the other provisions of this Agreement taken into account by this Document, as well as other applicable regulations and laws, or other existing provisions, the parties of the current Agreement are obliged to release the Timvi Association Assistants, as well as related organizations and agents, affiliated persons, and the end users of the Service, Website and its content from any fiduciary obligations under the conditions that the released exclusion does not grow to the assignment of users' assets or funds of persons affiliated with them, end users of the Service, Website or Content, provided by the Timvi Association Assistants or related organizations and agents, or in other actions or omissions, constituting a wrongful violation of an implied good partnership and business practice agreement.

4.3 Risks of using complex cryptographic systems

By using the Service, or interacting with the Content in one way or another, you confirm that you understand the risks inherent in cryptographic systems, arrangements for the use of native cryptocurrencies, and Ethereum (ETH) in particular, as well as smart-contract based tokens, in particular tokens based on the Ethereum standard (https://github .com/ethereum/EIPs/issues/20) and software solutions on the basis of blockchain technology, as well as the peculiarities of these solutions.

None of the Timvi Association Assistants does have any right of ownership of the basic software that is forming the blockchain infrastructure, and does not control it. Generally, blockchain networks are based on an open source software that is available for use, copying, modification and distribution without restrictions.

By using the Service, you agree that (i) the Timvi Association Assistants as well as related organizations are not responsible for the functioning of the underlying software and networks, as well as do not guarantee the efficiency, security or availability of such software or networks and that (ii) unscheduled changes in the rules for the functioning of basic protocols are possible (the so-called "forks" and "separations") and that their occurrence can have a significant impact on the decisions of Timvi DApp. A decision not to support (or stop supporting) the entire segregated network may be made at random. You acknowledge and agree that Timvi Association assistants assume no responsibility for the underlying protocols, regardless of versioning.

4.4 Risks of regulatory actions in one or more jurisdictions

Timvi DApp, Timvi Association and ETH can be influenced by single or multiple inspections carried out by regulatory authorities, as well as actions of the latter that might obstruct or limit the Timvi Association Assistants' ability to continue developing the solution. These inspections and actions can also obstruct or limit your access to the Service or the Ethereum blockchain, including the access to your funds.

4.5 Risk of cryptographical solutions’ vulnerability

By accepting this Agreement you acknowledge that cryptography is a developing sphere. Achievements in the field of code cracking or technical innovations, in particular, the advent of quantum computers, inherent in risks when working with cryptocurrencies, the service or the content. These risks can lead to your cryptographic tokens and funds being stolen or lost.

It is planned to make maximum efforts to update the basic protocol of the service, to take into account all possible achievements in the field of cryptography and integrate additional security measures. However, these measures still do not guarantee complete system security. By using the Service or accessing Content, you accept the indicated systemic risk of the solution.

4.6 Cryptocurrency volatility

By accepting this Agreement, you acknowledge the high volatility of cryptocurrencies and tokens based on the Ethereum and other blockchain technologies. High volatility can be attributed to many factors, including, in particular, adoption of new cryptocurrencies, speculation, technological risks and security issues.

You also acknowledge that the costs of conducting operations using these technologies are inconsistent and may rise at any time, affecting all activities within the Ethereum. You acknowledge these risks and acknowledge that neither Timvi Association Assistants, nor related organizations or persons can be held liable for such fluctuations in exchange rates or cost increases.

4.7 Application security

You acknowledge that Timvi DApp solutions may have flaws and you alone are responsible for evaluating any code provided through the Service and the Content. Neither this warning nor any other warnings by Timvi Association assistants can be interpreted as an obligation to constantly notify customers of all potential risks of using the Service and the Content.

4.8 Website Data Accuracy

Despite the fact that it is planned to publish accurate and up-to-date information on the Website and on other Timvi DApp platforms, it is impossible to guarantee the absolute accuracy, completeness and relevance of the Website (to which the Content refers in particular), as well as absence of technical errors and misprints.

To ensure maximum completeness and accuracy of all the information, including applicable policies, it is allowed to periodically update and edit it without sending appropriate notifications. Therefore, you agree to verify all information before relying on it. You, and not the Timvi Association Assistants, are fully responsible for all decisions based on data received from the Website or from respective tools. Links to third-party materials (including, in particular, links to websites) are provided for convenience, but are not controlled by any organization. You acknowledge and agree that we are not responsible for any aspects of the information, content or services contained in third-party materials or on third-party sites that are accessible through the links on the Website or through tools related to the Website.

4.9 Technical information

Any use of Timvi DApp products or interaction with them requires complete understanding of the used cryptographic and computer technologies to assess the possible risks, including ones stated above. You guarantee and assure that you have the necessary knowledge and skills.

5. Liability insurance

You are obliged to indemnify the Timvi Association Assistants, as well as related organizations, employees, managers, shareholders, representatives and officials of these organizations, from liability, from any losses, expenses, damages and costs (including legal fees and legal costs), any claims or claims that may arise in connection with your use of the Service, violation of the terms of the Agreement, any law, rule or regulation, the rights of any third parties, as well as due to any of your actions or omissions that concern branding rights, leading to the discrediting or violation of the right to privacy. That being said, each Timvi Association Assistant reserves the right to protect their interests in connection with any of the situations that give the right to be released from liability at their own expense and using their own resources. In this case, you agree to cooperate with Timvi Association Assistants as part of the protection.

6. Liability caps

You acknowledge and agree that you have full responsibility for the use of the Website and the Service. You also agree and acknowledge that information transferred and received by you in the process of using the Website and the Service is not completely protected and may be intercepted or later received by unauthorized persons. You use the Website and the Service at your own risk.

Taking this into account, you understand and agree that, to the maximum extent permitted by applicable law, neither the Timvi Association Assistants, nor organizations related to them, suppliers or licensors are not responsible for compensation of any direct, indirect, select, predictable or penalty damage. that includes in particular damages from non-receipt of profit, loss of reputation, wear and tear, loss of data or other material and intangible assets, or any other damage according to the contract, in connection with the violation of the law. The indicated persons are not strictly liable and they do not carry any other theoretical responsibility (even if the Timvi Association Assistants and the related organizations have been aware of the possibility of these damages) in connection with the use of the website or the service; using or being unable to use the Website or the Service, unauthorized access or modification of the data transmitted, statements or conduct of any third party on the site or through the service, any action we take, or can not take in connection with your appeals, human factor, technical failures and accidents (including the failure of the housing services and utilities infrastructure and phone lines), omission, interruption, delay, defects or loss of devices and network, ISP or software (including, amongst other things, those, which do not prevent using the service), with any injury or damage to computer equipment, impossibility to fully access the Website or the Service, or other websites, theft, manipulation, destruction of data or unauthorized access to illustrations, data or other content; immediate, incomplete or incorrect processing of data, its loss, typos and polygraphic errors, any combination of the indicated reasons, or also consequently to other aspects of the work of the Website or the Service.

In some jurisdictions it is forbidden to refuse certain warranties, limitation or exclusion of liability for indirect or predictable damages. Thus, a number of the limitations stated above do not apply in such cases.

7. Our property rights

All property rights and intellectual property rights in connection with the Service belong to the Timvi Association Assistants, related organizations and their licensors. You accept and acknowledge that the Service contains restricted and confidential information protected by intellectual property law and other laws. You are obliged not to use the Service data or its part for copying, modification, commencement of lease or temporary use, sale, distribution, demonstration, execution or creation of products based on them, unless otherwise expressly requested by an authorized body.

8. Links

The Service or third parties may provide links to other websites, applications or resources accessible via the Internet or otherwise. Since none of the Timvi Association Assistants controls these facilities and resources, you acknowledge that the Timvi Association Assistants and related organizations are not responsible for the content, advertisements, products or other materials posted on such websites and resources or those accessible through them. You also acknowledge that Timvi Association Assistants and related organizations are not directly or indirectly liable for any damage caused or suspected to be associated with the usage of the mentioned content, products or services available through such websites or resources.

9. Termination and suspension of services

In case that you violate any of the provisions of the current Agreement, the Timvi Association has the right to immediately terminate your access to the Timvi DApp Service in full or partially, or to suspend your access without any notice or liability. After that, you immediately lose the right to use the Service.

The following provisions of the Agreement remain valid after its termination: Liability insurance, Disclaimer of warranties, Liability caps, Property rights, Links, Termination and suspension of services, Absence of third-party beneficiaries, General information.

10. Absence of third-party beneficiaries

You oblige not to attract any third-party beneficiaries under it, unless otherwise expressly agreed by this Agreement.

11. Notices, lawsuits, and copyright claims

If you suppose that your copyright or the copyright of the person you represent has been violated, report this in writing via e-mail (legal@timvi.com) and attach this information:

12. Dispute settlement
12.1 Primary dispute settlement

The Parties to the Agreement are obliged to make every possible effort to resolve disputes directly, resolve claims, settle issues and conflicts through negotiations.

13. General information
13.1 Agreement integrity

The provisions of this Agreement (as well as any additional conditions, rules, participation procedure that can be published through the Service) constitute a single document that governs the use of the Service and cancel any previous oral or written agreements. In case of any variance between the provisions of this Agreement and additional conditions, rules, and procedure of participation, the latter shall prevail over the Agreement in that part where there is a contradiction present.

13.2 Reservation of rights under the Agreement and severability

The inability of a person to fulfill the terms of this Agreement or to exercise their rights under it does not constitute a waiver of compliance of these conditions and the exercise of rights.

In the event that a competent court or arbitrators invalidate any of the provisions of the Agreement, the Parties agree that the court or arbitrator shall make efforts to facilitate the fulfillment of the intentions set forth in such a provision by the Parties. In addition, all provisions of the Agreement retain full legal force and applicability.

13.3 Limitation period

Even if otherwise specified by law or legal acts, the limitation period under this Agreement is one (1) year from the date of the relevant claim or the reason for the claim. After this period, filing a legal claim is impossible.

13.4 List of contents

The headings of the sections of this Agreement are auxiliary in nature, and these headings do not constitute contractual obligations and do not have legal force.

13.5 Communication

In case of questions or complaints regarding the Service, users can contact us via the corresponding contact information above, or write to legal@timvi.com.

14. Prohibited purposes of use

You agree not to use the Service for any purposes from the ones listed below (hereinafter “Prohibited purposes of use”) The list below contains typical prohibited purposes of use, but it is not exhaustive or full. In case of doubt or questions regarding the applicability of these requirements to you, please contact us by email legal@timvi.com. When starting to use the Service, you agree to not use it for the following purposes: