Freename Terms of Service
- INTRODUCTION
Welcome to freename (the “Platform”), which is operated by Freename AG, Samstagernstrasse 41, Wollerau, Switzerland (hereinafter “freename” or “We”, “Us”, “Our”). Information about how to join and use the Platform forms part of these Terms of Service for Platform (“Terms of Service”).
We have developed the Platform to allow You to create, mint, own and manage your favorite Web3 TLD and/or Web3 Domain Name. You have also the opportunity to earn profits by purchasing from us for a consideration (“Royalty”) the rights to receive a portion of the fees we collect for minting Web3 Domain Names that use your Web3 Top-Level Domain (TLD) (hereinafter “Profits”) (altogether hereinafter “Our Services”)
The access to and use of the Platform is conditional upon Your agreement to and acceptance of these Terms of Service. Each time You use the Platform, You agree to be bound by these Terms of Service. If You don’t wish to be bound by these Terms of Service, You shall refrain from using the Platform.
We may at any time revise these Terms of Service. Revisions will take immediate effect and may affect the User’s ability to use the Platform. Since the Users are bound by these Terms of Service each time they use the Platform, they should check these Terms of Service for any revisions each time they use the Platform and wherever prompted to do so. The use of the Platform following the posting of any revisions to these Terms of Service constitutes acceptance by the User of those revisions.
We reserve the right to change the Platform in any way by giving notice to You to the e-mail address You have registered. Even if You have an account, Your ability to access and use the Platform may be terminated at any time without notice. If You do not agree to these Terms of Service, You must immediately exit the Platform.
We make no representation that the Platform (or any element of the Platform) is appropriate or available for use in all locations.
- USE OF THE PLATFORM
The Platform allows You to create, mint, own and manage Web3 TLD and/or Web3 Domain Name as well as possibly earn Profits.
“Create” means the process of selecting a Web3 TLD and/or Web3 Domain Name of your liking. “Minting” is the process of publishing a Web3 TLD and/or Web3 Domain Name to the blockchain via your wallet to gain full custody of it. After minting you will be the only person who has control over the domain as long as you control (have access) to the wallet used to mint. Through the Platform you can “manage” Web3 TLD and/or Web3 Domain Names, among other, as follows: to record DNS, transfer ownership of your Web3 TLD and/or Web3 Domain Names and to pay Royalties (and acquire the right to earn Profits).
Be aware that blockchain networks, even if We publish Web3 TLD and/or Web3 Domain Name or other record to them, are decentralized and controlled by third parties. Therefore, these blockchain networks are not included in the definition “Platform”.
We reserve the right to discontinue any or all of Our Services at any time for any reason without prior notice.
You are solely responsible for Your interactions with other Users of the Platform. You agree that We are not responsible for the conduct of any User.
Subject to the compliance with these Terms of Service, You are granted a limited, non-exclusive, revocable and non-transferrable license to access and use the Platform in the manner anticipated in these Terms of Service. Any costs associated with accessing and using the Platform generally remains Your responsibility and is dependent on the service provider used. You are responsible for ensuring that Your computer system or mobile device (as applicable) is compatible with the Platform and meets all relevant technical specifications necessary to obtain the benefit of the Platform.
The Platform may contain links to other sites not maintained by us (“Linked Sites”). We are not responsible for the content of any Linked Sites, whether or not we are affiliated with the Linked Sites. We do not in any way endorse any Linked Sites and are not responsible for the quality or delivery of any products or services offered, accessed or advertised by such Linked Sites. To the extent that these Linked Sites collect personal information or contributions from You, We shall bear no responsibility or liability for the manner in which such information or postings are used or exploited. The Linked Sites are for the Your convenience only and You agree to access them at his own risk.
- ACCOUNT REGISTRATION
In order to use the Platform, You must register an account on the Platform in the manner required and as set out in these Terms of Service.
In order to be eligible to register on the Platform You must:
- be at least 18 years old;
- provide all the information requested with the registration form on the Platform such as name, surname, e-mail, address, company name and any other information that We deem appropriate.
If you pay Royalties in order to collect Profits, you may be requested to provide additional information that We deem appropriate.
We reserve the right to refuse registration of an account for any reason in Our sole discretion. Any decision of freename is final and no correspondence will be entered into. As an example, We will block Your account if You are under the age of 18 years or are located in a country where we do not operate Our Platform or allow a third party to use Your account.
All information provided when registering an account must be current, correct and complete. Incomplete, ineligible or incomprehensible account registrations will not be valid. You must be logged into Your account in the manner required each time You wish to use the Platform. You may never use another User’s account without permission.
You are responsible for maintaining the strict confidentiality of Your account details and for any activity under Your account. You agree to immediately notify Us of any unauthorized use of Your account or any other breach of security. It is Your sole responsibility to control access to and use of Your account and to notify Us when You desires to cancel Your account. We will not be responsible or liable for any loss or damage arising from Your failure to comply with this provision.
We retain the right and absolute discretion to terminate a Your account and/or access to the Platform (or any element thereof) if We believe that You are abusing or tampering with the Platform (or any element thereof) in any way, that You have breached these Terms of Service, or that You have engaged in any unlawful, unethical or other misconduct that jeopardizes the proper administration of the Platform (or any element thereof). Our legal rights to recover damages or other compensation from such an offender are reserved.
- PAYMENT INFORMATION
We accept the following payment means for Our Services:
- Credit cards supported by PayPal and ADYEN
- Cryptocurrencies supported by Metamask and Coinbase commerce.
Depending on the selected payment method, we may charge an additional transaction fee, the amount of which is determined by the selected payment provider.
- PAYMENT REQUEST
You may be entitled, if you decide to pay Royalties, to Profits in accordance with the conditions published from time to time on the Platform. Be aware that in any case You will be entitled to Profits only if the respective period that entitles a user to a refund of the Fees has elapsed. The Profits to which you are entitled will be shown in your account. You can request the payment of Your balance at any time and have it transferred to the wallet associated with Your account (and no other wallet). We reserve the right to transfer the entirety or part of your balance to Your wallet at any time without prior notice. Please, be aware that loss of control of Your wallet may result in the impossibility to access these funds. We do not accept any liability to this respect.
We suggest that You request the transfer of Your balance regularly in order to avoid or reduce the risk of losses due to fluctuations in the exchange rate between Your reference currency and the currency of Your balance.
- REFUND POLICY
Unless otherwise stated in this Terms of Service, all fees for Web3 TLD and/or Web3 Domain Names registration (“Fees”) are partially refundable within 14 days of Service purchase. All refunds will be processed with the same payment method used to make the payment, at the then-current spot rates for the USD value of your purchase at the time the refund is issued.
Once the minting of a Web3 TLD and/or Web3 Domain Name has been requested no refund will occur as this is an irreversible process. After completion of the minting process on the blockchain the Web3 TLD and/or Web3 Domain Name is transferred to Your control (that is, to your crypto-wallet, alterable or transferrable only via a private key you personally hold) and is 100% under your own ownership and custody.
No refund will occur if the owner of a Web3 TLD has made possible registrations of Web3 Domain Names on that specific Web3 TLD and this independently of any minting of the Web3 TLD.
Any refund request shall be addressed to [email protected].
- PROMOTIONAL CAMPAIGNS
Freename engages in various promotional campaigns (“Campaigns”) to attract new users and enhance engagement and interaction among our existing user base. These Campaigns may include, but are not limited to, special offers, discounts, and the issuance of promotional credits (“Credits”) that can be applied towards future purchases or services on our platform.
The terms and conditions governing our Campaigns, including any Promotional Credits offered as part thereof, are determined solely at our discretion. These terms may cover:
Eligibility Criteria: Requirements that must be met to participate in Campaigns and earn Credits.
Usage of Credits: Specific conditions under which Credits may be redeemed, including any restrictions on their application towards services or products.
Expiry and Validity: The potential expiry of Credits and conditions under which they remain valid. Unless otherwise specified in a Campaign, Credits expire at the end of the calendar year in which they were earned.
Non-transferability: Restriction against the transfer of Credits to other users or accounts.
No Cash Value: Declaration that Credits cannot be exchanged for cash or other forms of refund except as explicitly allowed by us.
Modification and Cancellation: Our right to modify, suspend, or cancel any Campaigns and their governing rules, including those related to Credits, at any time without prior notice, at our sole discretion.
By participating in any Campaigns and accepting any benefits, including Credits, you agree to be bound by these terms along with any additional terms that may be associated with specific Campaigns. It is your responsibility to review and understand the terms and conditions associated with each Campaign.
We reserve the right to correct, cancel, or revoke Credits at any time due to errors, fraudulent activity, or any breach of the terms and conditions of the Campaign or this agreement.
- REPRESENTATIONS AND WARRANTIES
Every time You use the Platform and the Services You will be deemed to represent and warrant to freename that:
- You are at least 18 (eighteen) years old;
- All information provided to Us upon registering for an account is true, accurate and complete and not misleading;
- You have the right and authority to create an account and agree to these Terms of Service;
- You will notify Us immediately of any changes to any information You have provided to Us in connection with these Terms of Service or your access to and use of the Platform and/or the Services.
- PROHIBITED ACTIVITIES
You may not access or use the Platform for any purpose other than that for which We make the Platform available.
As a user of the Platform, You agree in particular not to:
- Attempt to impersonate another user or person or use the username of another user;
- Register more than one account;
- Make any unauthorized use of the Platform, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
- Systematically retrieve data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory;
- Circumvent, disable, or otherwise interfere with security related features of the Platform, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Platform and/or the content contained therein;
- Engage in unauthorized framing of or linking to the Platform;
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
- Make improper use of our support services or submit false reports of abuse or misconduct;
- Interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform;
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platform;
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site;
- Disparage, tarnish, or otherwise harm, in our opinion, Us and/or the Platform;
- Use the Platform in a manner inconsistent with any applicable laws or regulations.
- ACCOUNT SUSPENSION AND TERMINATION FOR PROHIBITED USE
We reserve the right, at Our sole discretion, to suspend or terminate Your account(s) and refuse any current or future use of the Platform in the event of prohibited use according to Clause 8.
Specifically, in cases where You have created multiple accounts or have engaged in activities such as the misuse of referral links or any other actions that contravene the intended use of the Platform as outlined in Clause 8, We reserve the right to:
- i) Immediately declare null and void any credits, discounts, premiums, Royalties or any benefits accrued through such prohibited activities. This includes, but is not limited to, earnings, referrals, or any advantages gained from the misuse of the Platform.
- ii) Take necessary actions to recover any profits, benefits, or other advantages obtained through such prohibited use.
We will provide notice of the suspension or termination of Your account, which may or may not include the reasons for such action. You will have the opportunity to respond to such notice within a specified timeframe, as determined by Us.
An appeals process may be available for users who believe their account has been unfairly suspended or terminated. Details of the appeals process, including how to submit an appeal, will be provided at the time of account suspension or termination notification.
The decision of freename regarding the suspension, termination, and nullification of benefits as a result of prohibited use is final and binding.
- INDEMNITY
You agree to indemnify, and must defend and hold harmless, freename and its related bodies corporate, personnel, servants and agent, from and against any claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising out of or in any way connected with any of the following (including as a result of Your direct activities on the Platform):
- Your access to the Platform;
- Your breach of these Terms of Service, or any of the warranties or covenants given or made by You;
- Any claim by any third party (including any other User) arising directly or indirectly from Your breach of any of the provisions of these Terms of Service;
- Any claim or allegation that Your Web3 TLD and/or Web3 Domain Name infringes a third party’s rights, including intellectual property rights.
- Your violation of any applicable laws, rules or regulations; and
- Any misrepresentation made by You.
- EXCLUSION OF WARRANTIES
Nothing in these terms shall affect any statutory rights that You cannot contractually agree to alter or waive and are legally always entitled to as a consumer.
Whilst we endeavor to take all reasonable steps to ensure that the Platform operates as expected, the Platform and its entire contents are provided on an “as is” and “as available” basis without any warranties of any kind either expressed or implied, to the fullest extent permissible pursuant to applicable law.
We disclaim all warranties of merchantability, non-infringement and fitness for a particular purpose. We do not make any guarantees and do not provide any undertaking that the Platform will be available at all times or that it will be error free, reliable or secure or free from viruses or other harmful components or that any defects will be corrected. You agree to use the Platform at Your own risk and that freename disclaims any and all responsibility for any damage or loss that You may suffer or incur as a result of using the Platform, whether they are direct or consequential. This includes any loss that results from any interference, malfunction, delays, failures or damage that occurs to Your device or that results from accessing, installing, updating or using the Platform.
- LIMITATION OF LIABILITY
Nothing in these Terms of Service shall exclude or limit Our liability for losses which may not be lawfully excluded or limited by applicable law.
Subject to the paragraph above, we shall not be liable to You for:
(i) any loss of profit (whether incurred directly or indirectly);
(ii) any loss of goodwill;
(iii) any loss of opportunity;
(iv) any loss of data suffered by You; or
(v) any indirect or consequential losses which may be incurred by You.
(vi) any loss or damage which may be incurred by You as a result of:
- any reliance placed by You on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between You and any advertiser or sponsor whose advertising appears on the Platform;
- any changes which we may make to the Services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);
- the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through You while using the Services;
- Your failure to provide us with accurate account information; or
- You failure to keep Your password or account details secure and confidential; or
- the blocking and/or cancellation of Your account by us.
These limitations on our liability to You shall apply whether or not We have been advised of or should have been aware of the possibility of any such losses arising.
You are responsible for any mobile charges that may apply to Your use of our service, including text-messaging and data charges. If You’re unsure what those charges may be, You should ask Your service provider before using the service.
To the fullest extent permitted by law, any dispute You have with any third party arising out of Your use of the services, including, by way of example and not limitation, any carrier, copyright owner or other user, is directly between You and such third party, and You irrevocably release us and our affiliates from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
- MISCELLANEOUS
Severability
Should any part or provision of these Terms of Service be held to be invalid or unenforceable by any competent court, governmental or administrative authority having jurisdiction, the other provisions of these Terms of Service shall nonetheless remain valid and be replaced with a substitute provision that best reflects the economic intentions of the replaced provision without being unenforceable. The same shall apply if and to the extent that these Terms of Service are found to contain any gaps or omissions.
No agency, employment or fiduciary relationship or joint venture
Nothing in these Terms of Service is intended nor does create a partnership, agency, employment, fiduciary relationship or joint venture between freename and You.
No Waiver
The failure of freename to enforce any of the provisions of these Terms of Service or any rights with respect thereto shall in no way be considered as a waiver of such provisions or rights or in any way affect the validity of these Terms of Service.
Country Restrictions
Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country.
Entire Agreement
These Terms of Service subject to any amendments or modifications made by freename from time to time, shall constitute the entire agreement between the You and Us.
Contact
Freename AG, Samstagernstrasse 41, Wollerau, Switzerland
E-Mail: [email protected]
- GOVERNING LAW AND ARBITRATION CLAUSE
These Terms of Service are governed and construed in accordance with the substantive laws of The United Kingdom, to the exclusion of the provisions of the conflict of laws and any international conventions applicable, including but not limited to the United Nations Convention on Contracts for the International Sale of Goods dated 11 April 1980 (CISG), as amended from time to time.
All disputes arising out of or in connection with the present Terms of Service and/or the Platform shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by three arbitrators appointed in accordance with the said Rules.
If for any reason whatsoever, the above arbitration clause should be deemed void, any dispute arising in connection to those Terms of Use and/or the Platform shall be subject to the exclusive jurisdiction of the courts of Wollerau, Switzerland