Terms of Service

Agreement to Terms

By accessing or using our platform, Subscrypts.com, which includes all associated services and functionalities (collectively, "Services"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree with these Terms, do not use our Services.

1. SERVICES

Subscrypts offers a cutting-edge, decentralized subscription management platform built on the Ethereum blockchain. Our platform provides an array of services enabling users to:

  • Create and Manage Subscriptions: Users can initiate and oversee subscription services using our robust smart contracts, which automate the entire process, ensuring efficiency and reliability through blockchain technology.
  • Interact via Ethereum Wallets: Users engage with the platform through their personal Ethereum wallets, facilitating direct and secure connections to our smart contracts.
  • Use of SUBS Tokens: SUBS, our native ERC20 token, is utilized for all subscription payments and transactions within our ecosystem, streamlining operations and enhancing user experience.
  • Third-Party Integrations: We integrate with Chainlink to ensure accurate, real-time data feeds and with Uniswap for decentralized exchange functionality, supporting stable coin conversion and providing essential liquidity solutions.

Alpha Release Notice: Please be aware that our current deployment is an alpha release, intended for demonstration and testing purposes. This phase allows us to refine and enhance our offerings based on user feedback. As part of this phase, users should be aware that services might undergo significant changes or be temporarily unavailable as we make improvements.

Legal and Ethical Use: Our services are provided with the expectation they will be used lawfully. By accessing and using our services, users agree to abide by these terms and all applicable local, state, national, and international laws and regulations.

2. YOUR REPRESENTATIONS AND WARRANTIES; CONDITIONS

By using Subscrypts' services, you represent and warrant the following:

  • Legal Capacity: You are at least 18 years old or of legal age to form a binding contract in your jurisdiction, and you possess the full right, power, and authority to enter into and fulfill contractual obligations under these Terms.
  • Accurate Information: All information you provide to Subscrypts is truthful, accurate, complete, and updated as necessary to maintain its accuracy. Misleading or false information may result in service suspension or termination.
  • Compliance with Laws: You will use the services in strict compliance with all applicable local, state, national, and international laws and regulations, including but not limited to data protection, privacy laws, and regulations governing financial transactions and cryptocurrency use.
  • Use of Ethereum Wallets: You acknowledge that interactions with Subscrypts are facilitated through personal Ethereum wallets. You are solely responsible for securing your wallet, managing your private keys, and all activities that occur under your wallet address.
  • Non-Circumvention of Security Measures: You will not attempt to bypass, disable, or interfere with any security measures implemented by Subscrypts or engage in any activity that disrupts the services or infringes upon the rights of others.

Additionally, you agree not to use the platform for any unauthorized or unlawful purposes, including but not limited to engaging in copyright infringement, unauthorized access to systems or data, and fraudulent activities. Engaging in such activities may lead to the suspension of services, freezing or burning of your SUBS tokens, and, where possible, blocking access to our non-blockchain services. Legal actions may also be pursued depending on the severity of the violation.

3. PROPRIETARY RIGHTS

Ownership and Intellectual Property: Subscrypts and its licensors retain all rights, titles, and interests in and to the Subscrypts services, including any software, content, branding, trademarks, logos, and other materials provided through Subscrypts. This encompasses the Subscrypts platform, smart contracts, and all associated intellectual property rights. The services are furnished to you on an "AS IS" basis for your information and personal use only.

License to Use: Subject to your compliance with these Terms, Subscrypts grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the services. This license is granted solely to enable you to use and benefit from the services as provided by Subscrypts, in accordance with these Terms.

Usage Restrictions: You are not permitted to:

  • Copy, modify, distribute, sell, or lease any part of our services, including any form of software included in the services.
  • Reverse engineer or attempt to extract the source code of the software, unless such actions are prohibited by law or you have obtained our express written permission.
  • Utilize the services or any content provided through the services for commercial purposes without acquiring a proper license from us.

User Contributions: The platform may allow you to upload, submit, store, send, or receive content and data. You retain any intellectual property rights you hold in that content. By contributing content to or through our services, you grant Subscrypts a worldwide, perpetual, irrevocable, royalty-free, and non-exclusive license to use, host, store, reproduce, modify, create derivative works from, communicate, publish, publicly perform, publicly display, and distribute such content. This license is utilized for the purpose of operating, promoting, and improving our services, and developing new ones. Please ensure that any content you provide complies with applicable laws and does not infringe on the intellectual property rights of others.

4. USER CODE AND USER CONTENT

User Content: Subscrypts enables users to engage in various activities, including uploading, submitting, generating content, and executing personal smart contracts or scripts (collectively referred to as “User Content”) on the platform. The responsibility for this User Content rests entirely with the user who creates it.

  • User Content Rights: You retain all rights to any User Content you submit, post, or display on or through the Subscrypts platform. By providing User Content to Subscrypts, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content across any media or distribution methods now known or developed in the future. This license serves to operate, promote, and improve our services, as well as to develop new ones. This does not allow Subscrypts to sell your User Content or distribute it outside our service offerings.
  • User Responsibilities:
    • Compliance: You must comply with all applicable copyright laws and regulations concerning your User Content, ensuring that it is free from third-party intellectual property claims.
    • Safety and Respect: You must not post User Content that is defamatory, obscene, threatening, invasive of privacy, abusive, illegal, or otherwise objectionable. Such content should not encourage criminal offenses, violate the rights of any party, or otherwise create liability or violate any law.
    • Accuracy: You are responsible for the accuracy of the materials you submit, acknowledging that other users may rely on this content without independent verification.

User Code: If you deploy custom scripts or blockchain smart contracts (collectively, “User Code”) within Subscrypts:

  • License to Use User Code: You grant Subscrypts a global, perpetual, irrevocable, royalty-free license to deploy, host, and execute this User Code as necessary for providing services under the terms agreed upon between you and the recipients of your services.
  • Safety and Reliability: You warrant that your User Code is free of malicious software and is not designed to disrupt, damage, or perform unauthorized actions within the network or to any user’s equipment.
  • Intellectual Property: You affirm that you have the legal right or license to use, share, and execute any third-party software or code included in your User Code, and that such use complies with all relevant licensing agreements and does not infringe on the intellectual property rights of others.

5. CHANGES; SUSPENSION; TERMINATION

Changes: Subscrypts reserves the right to modify the platform, services, and terms of service at any time for reasons including, but not limited to, legal, security, and technical developments or other operational needs.

  • Platform Updates: Enhancements and updates to the Subscrypts platform may be made periodically to improve the user experience or introduce new features.
  • Terms Modifications: Any changes to these Terms of Service will be communicated to you at least 30 days before they take effect through our website or other communication channels. Your continued use of the platform after such changes have been notified will constitute your acceptance of the revised terms.

Suspension and Termination: Subscrypts may need to suspend or terminate services or user access in compliance with regulatory requirements or in response to potential or detected security issues.

  • Temporary Suspension: Your access to Subscrypts services may be temporarily suspended for reasons such as suspected illegal activity, requests by law enforcement or other government entities, or significant technical issues or problems.
  • User Conduct: Access may also be suspended for users who violate these terms, particularly concerning prohibited activities.
  • Regulatory Compliance: Subscrypts retains the ability to freeze or burn SUBS tokens or halt specific functions of the platform if legally mandated. This may occur in situations such as regulatory inquiries, court orders, or other legal processes.

Discontinuation of Use:

  • By User: Due to the immutable nature of the Ethereum blockchain, you cannot "close" your account in the traditional sense. However, you may discontinue the use of our services by disabling all recurring subscription payments linked to your Ethereum address and ceasing further use of the network.
  • By Subscrypts: We may terminate your access to all or part of the services at any time, with or without cause, with or without notice, effective immediately. This termination may result in the deactivation of your account but does not entail the deletion of any historical transaction data recorded on the blockchain.

Effect of Termination: Upon discontinuation or termination, all rights granted to you under these terms will immediately cease. Certain provisions of these terms, which by their nature should survive termination, will remain in effect post-termination. These include, but are not limited to, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Regulatory Compliance: Subscrypts is committed to adhering to legal and regulatory standards while maintaining the decentralized and anonymous principles of the Ethereum network.

  • Compliance Functions: Specific functions utilized by elevated user groups (owner and service accounts) to adhere to regulations include token freezing, token burning, and halting certain operations, ensuring operational compliance and accountability.
  • Transparency and Accountability: All actions related to compliance are recorded on the Ethereum blockchain, providing transparency and traceability.
  • Cross-Border Considerations: As Subscrypts operates on a global scale, efforts are made to adapt and comply with international laws and regulations, reflecting our commitment to responsible governance and ethical practices.

6. ELECTRONIC NOTICES

General Communication: Subscrypts primarily communicates with its users through electronic means. By accepting these terms, you agree to receive all communications from Subscrypts, including notifications about changes to terms, transaction information, or other essential service-related information. These communications may be delivered via our website, directly through interactions with our smart contracts, or through our official communication channels as stated on our website.

Communication Methods:

  • Blockchain Notifications: Users can view notifications related to smart contract activities on the blockchain, or by using third-party blockchain data services or Ethereum wallet interfaces that support such features. It is your responsibility to monitor these platforms to stay informed about transactions and changes that affect your subscriptions and interactions.
  • Website and Social Media: Important updates, service changes, and other communications may also be posted on our official website or social media channels. We encourage users to regularly check these platforms for the latest information.
  • Email (if provided): If you have opted to provide an email address for additional communications, such as newsletters or special announcements, it is your responsibility to keep this email address current to ensure receipt of all notices.

Updating Contact Information: As interactions are based on your Ethereum address, maintaining access to your wallet and associated details is essential. Ensure that your wallet software is up-to-date and configured to track the interactions relevant to your subscriptions.

Opting Out:

  • Mandatory Notices: You cannot opt out of receiving notifications that are essential for the ongoing operation of your account and the services provided, such as legal notices or smart contract alerts.
  • Promotional Communications: For promotional communications received via email or similar channels, you will have the option to unsubscribe by following the instructions provided within those communications.

7. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Subscrypts, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the service from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of this agreement (including negligent or wrongful conduct) by you or any other person accessing the service using your Ethereum address or service account.

Scope of Indemnification:

  • Violations: This includes any breaches of these Terms of Service, such as unauthorized use of the Subscrypts platform and its underlying blockchain technologies.
  • Third-Party Actions: You are also responsible for covering Subscrypts in the event that a third party takes legal action against it as a result of your actions or if another person uses your Ethereum address or account, with or without your consent.

Legal Defense:

  • Exclusive Defense: Subscrypts reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify Subscrypts, and you agree to cooperate with our defense of these claims.
  • Cooperation: You shall provide Subscrypts with such cooperation as is reasonably requested by Subscrypts. This includes providing necessary account information and taking reasonable steps as instructed by Subscrypts or its legal representatives.

8. DISCLOSURES; DISCLAIMERS

General Disclaimer: Subscrypts does not guarantee continuous, uninterrupted, or error-free operability of its services. The functionality of Subscrypts may be impacted by numerous factors outside of our control, including but not limited to ISP disruptions, server downtime, network infrastructure issues, or blockchain inherent variability.

Service Interruptions: We acknowledge the possibility of downtime that may temporarily affect access to our services and subscriptions. We commit to minimizing such disruptions wherever feasible.

No Warranties: Subscrypts expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement. You agree that your use of the Subscrypts services is at your sole risk.

Data Accuracy and Completeness: While Subscrypts strives to provide reliable and accurate data, we do not guarantee that the information provided through the service will always be complete, accurate, or useful. The nature of blockchain data may lead to discrepancies that are outside of our immediate control.

Risks Associated with Blockchain and Smart Contracts: Subscrypts operates on the Ethereum blockchain using smart contracts, which inherently involves risks such as the potential for bugs in the code or security vulnerabilities. You should be aware of these risks and agree to accept them as part of your decision to use blockchain-based systems. We advise users to exercise caution and consider the risk of unexpected behaviors in blockchain operations.

Limitation of Liability: To the fullest extent permitted by applicable law, in no event will Subscrypts, its affiliates, officers, directors, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from your use or inability to use the services.

9. EXCLUSION OF CONSEQUENTIAL AND RELATED DAMAGES

Subscrypts and its affiliates will not be liable for any indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Subscrypts has been advised of the possibility of such damages), resulting from:

  • Use or Inability to Use the Service: This includes, but is not limited to, failures, disruptions, or other issues inherent in the use of blockchain technology and smart contracts that affect the functionality or availability of the service.
  • External Factors: Subscrypts is not liable for damages that result from external factors beyond our control, including but not limited to internet connectivity issues, blockchain network failures, or performance issues with third-party services upon which Subscrypts relies.

Key Points Include:

  • Limitation on Types of Damages: Subscrypts explicitly disclaims responsibility for indirect or accidental damages, such as lost profits or data, that may occur even if these losses are foreseeable.
  • Non-Liability for External Factors: We emphasize that we cannot be held responsible for any issues arising from factors outside our control, including the inherent risks associated with the decentralized nature of blockchain and the performance variability of Ethereum.
  • Risk Awareness: By using Subscrypts, users acknowledge and accept the risks associated with blockchain technologies and decentralized applications. Users agree to assume full responsibility for these risks, understanding the potential for encountering technical issues that could lead to losses.

10. LIMITATION OF LIABILITY

In no event shall Subscrypts, its officers, directors, employees, or agents be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from:

  1. Errors, Mistakes, or Inaccuracies of Content: Including but not limited to inaccuracies in blockchain data or other information accessible through our service.
  2. Personal Injury or Property Damage: Of any nature whatsoever, resulting from your access to and use of our services.
  3. Unauthorized Access: Any unauthorized access to or use of our secure servers and/or any personal information and/or financial information stored therein, recognizing that Subscrypts operates on a decentralized platform which inherently limits the potential for accessing such sensitive information.
  4. Service Interruptions: Any interruption or cessation of transmission to or from our services, whether caused by our actions or external factors beyond our control.
  5. Malware: Any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through our service by any third party.
  6. Content Errors or Omissions: 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 content posted, emailed, transmitted, or otherwise made available via the Subscrypts service.

Key Points Include:

  • Broad Non-Liability: This clause covers a wide range of potential issues, including technical failures, unauthorized access, and interruptions in service, reflecting the unpredictable nature of decentralized and blockchain-based technologies.
  • Specific Exclusions: Subscrypts is not liable for indirect damages such as lost profits or data, which are common risks associated with the use of digital and blockchain technologies.
  • Cap on Liability: Our liability will not exceed the amount paid by you for the service, if any, or a predetermined cap reasonable in the context of a free service, ensuring that liability is proportionate to the level of service provided.

11. RELEASE

By using Subscrypts, you agree to release and forever discharge Subscrypts, its officers, employees, agents, successors, and assigns from all past, present, and future disputes, claims, controversies, demands, rights, obligations, liabilities, actions, and causes of action of every kind and nature. This includes those that arise directly or indirectly from, or relate directly or indirectly to, the Services. This release encompasses any interactions with, acts, or omissions by, or content provided by, other users or third-party sites and services.

Key Points Include:

  • Comprehensive Release: You relinquish any right to hold Subscrypts liable for issues that may arise from your use of the service, acknowledging the inherent risks of using decentralized blockchain technology.
  • Scope of Release: This clause covers all past and future claims that could arise from your interactions with the service, reflecting the continuously evolving nature of blockchain technology.
  • Universal Application: This release applies irrespective of your geographical location or the legal jurisdiction under which you operate. This approach is aligned with the global and decentralized nature of blockchain technology, which transcends traditional legal boundaries.

Considerations for Users:

  • This broad release is designed to prevent legal actions over unforeseen issues, especially those related to the decentralized and technical aspects of Subscrypts services.
  • By agreeing to these terms, you acknowledge understanding the risks associated with blockchain technologies and decentralized services, and agree that you are using Subscrypts at your own risk.

12. DISPUTE RESOLUTION AND ARBITRATION

You and Subscrypts agree that any disputes, claims, or controversies arising out of or related to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Services or content ("Disputes"), will be resolved solely by binding arbitration, conducted in English, and not in a class, representative, or consolidated action or proceeding. Arbitration will be administered by a recognized international arbitration institution to be chosen at the time of dispute. The place of arbitration will be Amsterdam, Netherlands, or another mutually agreed location that better serves the interests of all involved parties.

Key Points Include:

  • Binding Arbitration: All Disputes must be resolved through arbitration, not through court proceedings.
  • Individual Basis: Disputes must be brought on an individual basis, and rights to participate in any form of class or representative action are waived.
  • Exclusion of Jury Trials: By agreeing to arbitration, both parties waive the right to a trial by jury.
  • Survivability: This arbitration provision shall survive the termination of these Terms.
  • Rationale for Arbitration Location and Governing Law: Selecting Amsterdam, Netherlands, or another neutral location acknowledges Subscrypts' current operational presence and the international nature of its services. This choice supports neutrality and fairness in the arbitration process.

13. GOVERNING LAW

These Terms are governed by and construed in accordance with the laws of the Netherlands, without giving effect to any principles of conflicts of law. As Subscrypts operates on the decentralized Ethereum network, which is accessible globally, this choice of jurisdiction is intended to provide a consistent legal framework while respecting the international and borderless nature of blockchain technology. You agree to submit to the personal jurisdiction of the competent courts located in Amsterdam, Netherlands, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our or any other party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

Key Points Include:

  • Jurisdiction: The Netherlands is selected based on Subscrypts' operational presence and understanding of local laws which is favorable for technology-driven, decentralized platforms.
  • Conflict of Laws: This provision clarifies that Dutch law will govern without being overridden by conflict of law principles that might refer the matter to another jurisdiction's laws.
  • Legal Proceedings: It specifies that any required legal actions, particularly those concerning intellectual property and equitable relief, will be handled in Amsterdam, which supports the operational realities of Subscrypts and offers a clear venue for dispute resolution.

14. RISK FACTORS

The use of the Subscrypts platform carries inherent risks associated with decentralized blockchain technologies. You should understand and consider these risks before using our services.

Key Risks Include:

  • Regulatory Risks: The legal landscape for blockchain technologies and cryptocurrencies is still evolving. Changes in laws or regulations across various jurisdictions could impact the operation or the legality of the Subscrypts platform.
  • Technical Risks: Subscrypts depends on the functionality and security of underlying blockchain technologies, including Ethereum. Vulnerabilities in these technologies or in Subscrypts’ own software could jeopardize the security of the platform and the assets held within your wallet.
  • Market Risks: Cryptocurrencies are known for their volatility. Changes in market conditions can significantly affect the value of tokens, such as SUBS, used on the platform.
  • Operational Risks: Challenges such as system failures, software bugs, or security breaches could disrupt service availability and potentially lead to financial losses.
  • Third-Party Risks: Subscrypts’ reliance on third-party services, such as Ethereum’s network and Chainlink oracles, introduces risks if these third parties experience downtime or other disruptions.

Advice to Users: You are advised to carefully consider your risk tolerance and the potential for losses before engaging with the platform. The risks outlined here are not exhaustive; unforeseen risks may also arise due to the complex and rapidly evolving nature of decentralized blockchain environments.

User Acknowledgment: By using Subscrypts, you acknowledge that you are aware of these risks and accept the responsibility for any losses that may occur as a result of these risks.

15. MISCELLANEOUS

  • Severability: If any part of these terms is found to be invalid or unenforceable, that part will be severed from these terms, and the remainder of the terms will continue in full force and effect.
  • Amendments: We reserve the right to modify these terms at any time. Notice of amendments will be posted on the Subscrypts platform and effective after we provide reasonable notice of at least thirty (30) days. Your continued use of Subscrypts after such modifications will constitute your acceptance of the revised terms.
  • Assignment: You may not assign your rights or obligations under these terms without our express written consent. Subscrypts may assign its rights and obligations under these terms to another entity without your consent in the event of a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.
  • No Waiver: Failure by Subscrypts to enforce any right or provision of these terms will not constitute a waiver of future enforcement of that right or provision.
  • Entire Agreement: These terms constitute the entire agreement between you and Subscrypts regarding your use of the services and supersede all prior and contemporaneous written or oral agreements between you and Subscrypts.
  • Contact Information: If you have any questions about these terms or our services, please contact us at:
  • Trademark Guidelines:
    • Prohibited Use: You may not use Subscrypts’ trademarks in a manner that could cause confusion about the ownership of such marks, or that implies sponsorship or endorsement by Subscrypts, without our prior written consent.
    • Permissible References to Foundation Materials: You may refer to Subscrypts’ materials or trademarks in a factual and lawful manner, provided that such use does not imply sponsorship or endorsement by Subscrypts.
    • Trademark Permission Requests: If you wish to use Subscrypts' trademarks in promotional or other materials, please submit a request to the email address provided above. Approval must be obtained prior to any such use.

Disclaimer: Subscrypts disclaims all warranties to the extent permitted by law and limits its liability for the use of its trademarks and services.